Law on the Establishment of a Fund "German Unity"

Unofficial table of contents

DEFG

Date of completion: 25.06.1990

Full quote:

"Law on the Establishment of a Fund" German Unity " of 25 June 1990 (BGBl. 518, 533), as last amended by Article 3 (1) of the Law of 12 July 2006 (BGBl). I p. 1466).

Status:

Last amended by Art. 3 (1) G v. 12.7.2006 I 1466

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 30.6.1990 + + +) 

  

The G was decided by the Bundestag as Art. 31 G 105-1 v. 25.6.1990 II 518 with the consent of the Bundesrat. It's gem. Article 37 (1) of this Act entered into force on 30 June 1990. Unofficial table of contents

Section 1 Establishment of the Fund

A fund "German Unity" will be established as a special fund of the federal government. Unofficial table of contents

§ 2 Purpose of the Fund, New regulation of the federal states-Financial relations from 1995

(1) The Fund shall serve to fulfil the obligations of the Federal Republic of Germany from Article 28 of the State Treaty with the German Democratic Republic of 18 May 1990 and the performance of further assistance to the German Democratic Republic. The Fund also serves the benefit of aid to the countries of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. The aid is granted in the years 1990 to 1994 and amounts to a total of DM 160,705 billion. Of these, in 1990, services of DM 22 billion, DM 35 billion in 1991, DM 33.9 billion in 1992, DM 35,205 billion in 1993 and DM 34.6 billion in 1994. shall be provided. The annual benefits of the Fund shall be granted as of 1 January 1991, as a special assistance to the countries referred to above, in order to meet their general financial needs and to those countries in proportion to their number of inhabitants on 30 June of each year. previous year, without taking into account the number of inhabitants of the part of the Land Berlin, in which the Basic Law already exists before the 3. October 1990. The countries forward 40 of the hundred of the fund's services to their municipalities (municipal associations) according to approximate measures of the national legislation. (2) With effect from 1 January 1995, the financial relations between the Federal Government and the Länder are (in particular, country financial compensation and federal supplementary allocations). Unofficial table of contents

§ 3 Position on legal transactions, administration, advisory board

The Fund is not legally valid. He can act, sue and be sued under his name in the legal trade. The general place of jurisdiction of the Fund is the seat of the Federal Government. The Federal Minister of Finance administers the special assets. An advisory board consisting of four members is formed in which the federal government and the federal states are represented on an equal footing. Unofficial table of contents

§ 4 Property separation, federal liability

(1) The Fund shall be held separately from the remaining assets of the Federal Government, its rights and liabilities. (2) The Federal Government shall be liable for the liabilities of the Fund. Unofficial table of contents

§ 5 Financing, credit authorization, management of the funds of the Fund

(1) The total amount of credit authorization for the Fund for the period 1990 to 1994 shall not exceed 95 billion DM. The difference to the overall performance framework in accordance with § 2 para. 1 shall be covered by grants from the federal budget. Of these allocations, DM 10.5 billion in 1993 and DM 12.9 billion in 1994 from the revenue of the turnover tax (import turnover tax) administered by the federal financial authorities before its further distribution jointly by the Federal Government and the Länder in the The proportion of its shares in the turnover tax fixed for these years is financed in accordance with Article 1 (1) of the financial compensation law. In addition, from the allocations under the second sentence, DM 2.075 billion in 1993, and DM 5.35 billion in 1994 from the Länder of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein in proportion to their contributions in accordance with § 1 paragraph 2 sentence 2 of the Law on Financial Compensation between the Federal Government and the Länder and in monthly amounts with the Federal Government's import turnover tax payments in accordance with Article 14 (2) of the Law on The financial compensation between the Federal Government and the Länder is provisionally offset. In order to provide a financial contribution by the municipalities to the benefits for the years 1993 and 1994, which are to be applied in addition to the countries in accordance with the fourth sentence, § 6 (2a) of the Law on the Reform of the Communities applies accordingly. (2) The Federal Minister of the Finance is authorized to raise funds for the special fund by way of credit, namely in 1990 to the amount of DM 20 billion, 1991 to DM 31 billion, 1992 to DM 24 billion, 1993 to the amount of 15 billion DM. DM and 1994 up to the amount of DM 5 billion, plus the respective Borrowing costs. The borrowing for the Fund is not subject to the restriction provided for in Article 115 (1), second sentence, of the Basic Law. (3) Unspent credit authorization shall continue to apply until 1994. As from 1991, the credit framework referred to in paragraph 1 shall increase the amounts payable in respect of the loans which are due in the year in question, to the extent that the repayment cannot be made from surpluses of the Fund. (3a) The Federal Ministry of Finance shall be authorized to pay for the amount of the loans. (4) The borrowing takes place by issuing debt securities and treasury bills in accordance with the provisions of section 20 (2) of the German Act on the Procurement of Cash. Procedures provided for by the Federal Bank Act or by the inclusion of loans against debt certificates. (5) The Federal Minister of Finance is authorized to borrow up to 10 of the hundred of the amount of the revolving debt securities and treasury bills of the Fund for the purchase of debt securities of the Fund by way of market care. (6) The The debt of the Fund shall be equal to that of the Federal Government. (7) The debts of the Fund shall be administered in accordance with the principles applicable to the administration of the general federal debt. Unofficial table of contents

§ 6 Federal grants

(1) Until 31 December 2004, the Fund shall receive grants from the Federal budget to cover its debt service obligations. (2) The grants referred to in paragraph 1 shall be 10 per cent of the total in total from the Fund to the end of the previous year. Claim of credit authorization taken pursuant to § 5 (1). If, in a given financial year, the grants referred to in paragraph 1 and the reserves accumulated in the Fund are not sufficient to cover the actual interest burden, the difference shall be offset by an increased federal grant. In one year, the Federal Government will be charged with the federal grants for the following years. (2a) By way of derogation from the first sentence of paragraph 2, the grants referred to in paragraph 1 shall be 6,8 from the years 1998 to 2001, from the A hundred of the total amount of credit received from the Fund by the end of the previous year in accordance with § 5, Section 1, in 2002 2,462,381,699,84 Euro, in 2003 2,268,090,784,99 Euro and in 2004 2,254,797,196,08 Euro. If, in the years 1998 to 2004, the grants referred to in the first sentence and the reserves accumulated in the Fund are not sufficient to cover the actual interest burden, the respective shortfall shall be 50 per cent of the Confederation and 50 of the hundred of the the countries. To this end, the Federal Government shall inform the Länder of the terms and conditions of interest and the volume of connection financing made. The Federal Government is entitled to charge the share of the country according to the second sentence with the share of the country in the import turnover tax managed by the federal financial authorities. The rates 2 to 4 do not apply to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. (3) The supply from the federal budget is carried out monthly in equal amounts. (4) Surpluses of the fund are a reserve , which shall be invested in interest. The countries shall reimburse the Federal Government 50 of the hundred and, from 1995 to 31 December 2004, 50 from the hundred of the grants referred to in the second sentence of paragraph 2, plus an annual amount of 2.1. Billions of DM as their contribution to the financing of the fund "German Unity" in accordance with § 1 (2) of the Law on Financial Compensation between the Federal Government and the Länder. Sentence 1 does not apply to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. (6) Countries ' reimbursements pursuant to paragraph 5 are reduced in 1998 by 932,596,391,30 Euro, in 1999 by 854.880.025.36 Euro, in 2000 by € 777,163,659,42, € 932,596,391.30 in 2001, € 1,317.190.144.34 in 2002, € 1,294,591,043.19 in 2003 and 1,431,361,61,41 euros in 2004. Unofficial table of contents

§ 6a Integration of the liabilities of the fund in federal debt

As of 1 January 2005, the Federal Government shall assume the liabilities of the Fund as a co-debtor; the Federal Government shall be the sole debtor in the internal relationship with the Fund. Unofficial table of contents

§ 6b reckoning after the end of 2019

(1) Countries shall compensate the Federal Government if the amount of the Fund's debt as determined in accordance with paragraph 3 exceeds the reference amount of 6,544,536,079,31 Euro on 31 December 2019. The compensation of the countries shall be set at 53.3% of the amount of the reference amount exceeds the reference amount. The first subparagraph shall not apply to the territory referred to in Article 3 of the Agreement. (2) The compensation of the countries referred to in paragraph 1 shall be fixed in respect of each country in proportion to the sum of its reimbursements to the Fund in 2002, 2003 and 2004; and is to be reimbursed to the Federal Government within six months of a financial statement to be carried out by the Federal Ministry of Finance. The amounts of increases and reductions in force applicable to the corresponding compensatory year under section 1 (3) of the financial compensation law shall not be taken into consideration. (3) The amount of the fund's debt referred to in the first sentence of paragraph 1 shall be determined as follows:

1.

The debt of the Fund shall be the starting amount on 31 December 2004. For all subsequent years up to and including 2019, paragraphs 2 to 6 shall be followed.

2.

The debt ratio at the end of the year is determined as the difference between the debt level at the end of the previous year minus the net repayments of the current year.

3.

The net repayments to be applied each year shall be determined as the difference between the annual amounts referred to in paragraph 4 above and the interest rates to be applied in accordance with paragraph 5 above. If, in accordance with paragraph 5, the interest payments exceed the amount set out in paragraph 4 above, it shall be made that the difference shall be compensated by means of net borrowing.

4.

Annual amounts of EUR 3,581,088,335.90 are to be used for the sum of interest and net redemption benefits.

5.

The annual interest payments shall be obtained by multiplying the year-end value of the debt of the previous year, as determined in accordance with point 2, by the interest rate referred to in point 6 and by dividing it by 100.

6.

The interest rate to be applied shall be calculated by applying the Federal Government's actual interest expenditure for the entire Federal debt (including the Fund) of each year by the total amount shown at the end of each previous year. Federal debt (including the fund) is divided and multiplied by 100.

The calculation of the amount will be communicated to the countries annually by the Federal Ministry of Finance. Unofficial table of contents

Section 7 Economic plan

All revenue and expenditure of the Fund shall be entered in an economic plan from 1 January 1991 for each accounting year. The economic plan shall be in balance in revenue and expenditure. The Advisory Council shall act on the drawing up of the economic plans. Unofficial table of contents

§ 8 Annual accounts

(1) The Federal Minister of Finance shall, at the end of each accounting year, draw up the annual accounts for the Fund and add them as an annex to the federal budget accounts. (2) The annual accounts must be considered in a clear manner to the stock of the Fund. Special assets, including receivables and liabilities, as well as receipts and expenses are shown. Unofficial table of contents

§ 9 Administrative costs

The costs for the management of the fund are borne by the Federal Government. Unofficial table of contents

§ 10 Gender Equality with Federal Authorities

The obligations of the special assets, taxes on the federal government, the Länder, the municipalities (municipal associations) and public bodies are subject to the rules generally applicable to federal authorities. Unofficial table of contents

§ 11 Resolution of the Fund

With the end of 2019, the fund will be dissolved. The liabilities and assets of the Fund shall be applied to the Federal Government.