Law On The Management Of The Erp Fund

Original Language Title: Gesetz über die Verwaltung des ERP-Sondervermögens

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ERP Special Asset Management Act

Non-official table of contents

ERPVwG

Date of expend: 31.08.1953

Full quote:

" Law on the management of the ERP special assets in the Federal Law Gazans Part III, outline number 640-6, published adjusted version "

G deed. by Art. 4 sentence 2 G v. 26.6.2007 I 1160 mWv 30.6.2007

For details, see the menu under Notes

Footnote

(+ + + Text evidence applicable: 21. 3.1975 + + +)

In the Saarland introduced on 1.9.1957 by § 1 no. 35 V v. 26.8.1957 I 1255 Non-official table of contents

§ 1

The Federal Ministry of Economic Affairs and Technology administers the provisions of Article III of the Law on the Agreement on Economic Cooperation between the United States of America and the Federal Republic of Germany of 15 June 1 December 1949, 31 December 1949 January 1950 (Bundesgesetzbl. 9), the assets of the Federal Republic of Germany as special assets of the Federal Republic of Germany under the name "ERP special assets". Non-official table of contents

§ 2

The special fund is used exclusively for the reconstruction and promotion of the German economy in accordance with the conditions laid down in the Provisions of the Agreement on Economic Cooperation between the United States of America and the Federal Republic of Germany of the 15. December 1949 (Bundesgesetzbl. 1950 p. 10). Non-official table of contents

§ 3

The special assets are not legally valid. It can act, sue and be sued under its name in the legal trade. The general place of jurisdiction of the special assets shall be determined by the seat of the highest administrative office. Non-official table of contents

§ 4

(1) The special assets are separate from the remaining assets of the federal government, its rights and liabilities. .(2) The Federal Government shall be liable for the liabilities of the ERP special assets; this shall not be liable for the other liabilities of the Federal Government. Non-official table of contents

§ 5

(1) The special asset should be retained in its inventory. It is to be managed according to economic principles.(2) The funds of the special assets are generally granted as interest-bearing loans. In special cases, non-interest-bearing loans and lost grants may also be granted. Interest and redemption amounts from loans and repaid grants are allocated to special assets.(3) In the context of the appropriation of funds (§ 7), loan commitments can be granted and, with the prior approval of the Federal Ministry of Finance, securities can be ordered and warranties and guarantees will be provided.(4) The approval of the Federal Ministry of Finance is required for the acquisition of shareholdings with special assets, as well as for the acquisition of land, in so far as these are not related to the charges in rem in favour of the Special assets are acquired in the forced auction.(5) Contracts to take over the obligation to pay out of the special assets beyond a financial year shall be definitively concluded only after, for the first time, the issuing of expenditure for this purpose shall be authorised in the economic plan. or the approval of the contract by the Federal Ministry of Finance has been granted. Non-official table of contents

§ 6

The Federal Ministry of Economics and Technology may, in agreement with the Federal Ministry of Finance, in so far as it appears appropriate in order to avoid economic damage to the special assets or to carry out the purpose of the special assets (§ 2), contracts concluded under the special asset management system to the detriment of the Cancel or change special assets in the contractual route, as well as payment liabilities hours, knots down or enacted. The Federal Ministry of Economics and Technology may empower the main lending institutions in general to pay interest and redemption rates or to amend the repayment plans with regard to borrowers. Non-official table of contents

§ 7

All revenue and expenses of the special assets shall be provided by the Federal Ministry of Economics for each financial year and technology, in agreement with the Federal Ministry of Finance, is included in an economic plan. The revenue shall be determined by the main sources of expenditure, which shall be given separately for the main purposes of the application. The economic plan shall be established by law before the beginning of the accounting year. It shall be in balance in revenue and expenditure. Non-official table of contents

§ 8

The output funds provided for in the economic plan of the special assets are transferable to the extent that the the actual revenue received is not used. Non-official table of contents

§ 9

(1) Exceedances of output estimates of the economic plan and non-scheduled expenses are only allowed if: the same amounts for other output estimates, or the revenue side of the economic plan correspondingly increased.(2) Except in the cases referred to in paragraph 1, any exceedance of expenditure estimates of economic plan or extrabudgetary expenditure shall only be allowed in the event of an unforeseen and unforeseeable need, and only within the limits of the resources available. shall be given.(3) Exceedances or Non-scheduled expenditure in accordance with paragraphs 1 and 2 requires the prior approval of the Federal Ministry of Finance. Non-official table of contents

§ 10

(1) The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry for Economic Cooperation and Development to borrow finance in the context of the credit empowerment of the annual ERP economic plan.(2) The Federal Ministry of Economics and Technology is authorized to borrow up to 10 of the hundred of the amount of the revolving debt securities for the purchase of debt instruments of the ERP special assets by way of market care.(3) borrowing shall be effected by issuing debt securities and treasury bills or by taking up loans against debt certificates.(4) The school durals of the ERP special assets are equal to the school durals of the federal government.(5) The liabilities to be justified under paragraphs 1 and 2 shall be managed in accordance with the legal provisions applicable to the administration of the general federal debt. The warranties and guarantees to be transferred pursuant to section 5 (3) shall be administered by the Federal Office for Central Services and Open Property Issues. The Federal Ministry of Economics and Technology and the Federal Ministry of Economics and Technology jointly exercise legal powers that are available to the Federal Ministry of Finance under the terms of sentences 1 and 2. Non-official table of contents

§ 11

(1) At the end of each financial year, the Federal Ministry of Economics and Technology shall present the following: Annual accounts for the special assets and submit them to the Federal Ministry of Finance. The Federal Ministry of Finance takes over the annual accounts as an annex to the federal budget accounts.(2) The annual accounts must show in a clear manner the stock of special assets, including claims and liabilities, as well as the receipts and expenses. The provisions of the commercial law shall not apply to the drawing up of the annual accounts of the special assets.(3) The annual accounts shall be audited by the Federal Court of Auditors. The Federal Court of Auditors shall forward its observations to the Federal Ministry of Finance.(4) The Federal Ministry of Finance shall submit the observations of the Federal Court of Auditors to the Bundestag and the Bundesrat, together with the Federal Court of Auditors ' observations on the bill of the federal government, in accordance with Article 114 of the Basic Law. Non-official table of contents

§ 12

(1) The Federal Ministry of Economics and Technology may directly or through agents in accordance with the conditions laid down in the Regulation on the obligation to provide information of 13. July 1923 (Reichsgesetzbl. 699, 723) by all natural or legal persons, commercial companies, associations and associations, public authorities or public authorities which have received or manage special assets, information or information; or Demand insight into the business books and business papers. The same shall apply to the beneficiaries in cases where assets are ordered at the expense of the special assets, guarantees or warranties have been taken over or acquired with funds from the special assets of holdings.(2) The Federal Ministry of Economics and Technology may use the main loan institutions in the exercise of the right of examination in relation to the conducting credit institutions and the final creditors. Non-official table of contents

§ 13

The cost of managing the special assets is borne by the federal government. Non-official table of contents

§ 14

The federal budget order of 19. August 1969 (BGBl. 1284), as last amended by the Act of 18. July 1990 (BGBl. 1447), it is also applicable to the special fund, provided that nothing deviates from this law. Non-official table of contents

§ 15

On the obligations of the special assets, levies to the federal government, the countries, the municipalities (municipal associations) and The general rules applicable to federal authorities shall apply to the bodies of public law. Non-official table of contents

§ 16

The implementation of this law is carried out in agreement with the federal ministries involved. Nonofficial table of contents

§ 17

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§ 18

§ § 2, 5 (5) and § § 7, 8 and 9 of this Act occur on the 1. April 1954, in force.