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Statutes of the Bundesanstalt für Finanzmarktstabilisation

Original Language Title: Satzung der Bundesanstalt für Finanzmarktstabilisierung

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Statutes of the Bundesanstalt für Finanzmarktstabilisation

Unofficial table of contents

FMSASatz 2011

Date of completion: 21.02.2011

Full quote:

" Articles of Association of the Federal Financial Market Stabilization Agency of 21 February 2011 (BGBl. 272), as last amended by Article 5 of the Law of 20 December 2012 (BGBl. 2777). "

Status: Last amended by Art. 5 G v. 20.12.2012 I 2777

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 26.2.2011 + + +) 

(+ + + Text of the regulation see: FMSASatzV 2011 + + +)

First section
Principles of the organisation

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§ 1 Legal form and designation

(1) The Bundesanstalt für Finanzmarktstabilisation (Federal Financial Market Stabilisation Institute) is a legally competent institution under public law within the scope of the Federal Ministry of Finance. (2) The Federal Financial Market Stabilisation Institute (Bundesanstalt für Finanzmarktstabilisers) can be used in the Federal Ministry of Finance Business traffic is referred to as "FMSA". It may also act under the name "Sonderfonds Finanzmarktstabilisation (SoFFin)-Bundesanstalt für Finanzmarktstabilisers-Bundesanstalt für Finanzmarktstabilisers-", insofar as it is responsible for tasks in the name of the German Financial Market Stabilisation Fund Act (Financial Market Stabilisation Fund Act) Financial Market Stabilisation Fund (funds). It may be referred to as the "restructuring fund-Bundesanstalt für Finanzmarktstabilisation" (restructuring fund-Bundesanstalt für Finanzmarktstabilisation), insofar as it is responsible for tasks on behalf of the restructuring fund (Restructuring Fund) established pursuant to § 1 of the Restructuring Fund Act is true. Unofficial table of contents

§ 2 Tasks and organisation of the FMSA

(1) The FMSA is responsible for the following tasks:
1.
the management of the Fund pursuant to Article 1 (1), first sentence, of the Financial Stability Fund Regulation, and the establishment and supervision of settlement institutions and the decision on measures under the Financial Market Stabilisation Fund Act, to the extent that: they do not decide the steering committee pursuant to Article 4 (1) sentence 2 of the Financial Markets Stabilisation Fund Act or the Federal Ministry of Finance, as well as
2.
the management of the restructuring fund in accordance with § § 11 and 12 of the Restructuring Fund Act and the decision on measures under the Restructuring Fund Act, insofar as these are not the steering committee pursuant to § 4 (1) sentence 2 of the Restructuring Fund Act Restructuringfondsgesetz or the Federal Ministry of Finance.
Furthermore, the FMSA is responsible for the tasks assigned to it under the Credit Institutions Reorganization Act, the Banking Act and the Financial Market Stabilisation Acceleration Act. (2) The FMSA addresses the tasks of the FMSA to fulfil its statutory tasks. business units required. The business units can consist of units that can be assigned to departments. In addition, units of work can be set up for tasks across departments and business areas. (3) FMSA's statutory tasks are to be carried out by employees of the FMSA. Employees of the FMSA within the meaning of this Statute are the employees of the FMSA and the officials assigned to the FMSA, as well as the employees assigned to the FMSA. (4) Awarding contracts to third parties are the rules applicable to public procurement. (5) In the case of the FMSA's file management, the Registry Directive for the processing and administration of records in Federal Ministries is to be observed. (6) The organisation of the FMSA and its changes will be made. with prior consent (consent) of the Federal Ministry of Finance. Unofficial table of contents

§ 3 Legal and professional supervision

The FMSA is subject to the legal and professional supervision of the Federal Ministry of Finance. The legal and professional supervision also includes the authority of the Federal Ministry of Finance in relation to FMSA.

Second section
Committee

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§ 4 Institutions

(1) The body of the FMSA shall be the Management Committee. (2) The Management Committee shall carry out the tasks assigned to it by law, regulation and this Statute. The Management Board has the responsibility to exercise the FMSA's business with the diligence of a prudent and conscientious management. (3) The Federal Ministry of Finance can provide economic guidance and a business statement for the Committee committee. Unofficial table of contents

§ 5 Composition and decisions of the Management Committee

(1) The Management Committee shall consist of three members in accordance with the first sentence of Article 3a (3) of the Financial Market Stabilisation Fund Act. The members of the Management Committee shall direct the FMSA jointly, without prejudice to their responsibility for their respective business units. (2) The chairperson of the management committee shall be appointed by the Federal Ministry of the Finances. The chairperson of the management committee may appoint a deputy or a substitute. (3) The management committee shall decide by decision. It shall be quorum if all Members are invited and two Members are present at the time of the decision; paragraph 4, sentence 4 to 7, shall remain unaffected. Members who are connected by telephone or video conference shall be deemed to be present. (4) The management committee shall meet as required. Meetings shall be convened by the Chairperson and/or the Chairman in text form, under the designation of the deliberations and decisions. Any member of the Management Committee may require a meeting to be convened under the designation of the advisory and decision-making matters. Decisions of the Management Committee on stabilisation measures may be taken only at meetings in which the majority of the members of the Management Committee are present or where the third sentence of paragraph 3 is deemed to be present. In addition, the chairman or the chairman may also bring about a decision of the Management Committee outside of meetings by means of a written or oral survey, including by fax or electronic media. (circulation procedure). Decision-making in circulation shall not be admissible if a member of the management committee wishes to be treated in a meeting. Decisions in the circulation procedure shall be valid if at least two members participate in the decision-making process and all members are informed of the decision-making process. (5) The management committee shall take its decisions by a simple majority of the decisions. votes cast. Each member of the Management Committee shall have one vote and, in the event of a tie, the vote shall be given by the Chairperson or the Chairman of the Management Committee. Abstentions are deemed to be ungiven votes. A Member who has not taken part in the decision-making shall be informed immediately of the result of the vote. (6) A Member of the Management Committee shall not participate in the deliberation and decision-making of the Management Committee, if the decision itself, his/her spouse or life partner, his/her relatives up to the third or a person who has not been subjected to an act of law or a person represented by law or authority, has a direct or indirect effect on him or her Can bring before or downside. The Management Committee shall, in doubt, decide on this subject to the exclusion of the Member concerned. The Management Committee shall inform the Chairperson or Chairman of the Steering Committee without delay of any existing conflicts of interest. If a member of the management committee was a member of an institution of a company on whose request it is to be decided, the member shall be excluded from the decision on that request. (7) The decisions of the management committee shall be to produce a transcript. It must be signed by the chairperson or the chairman of the management committee. (8) Templates to be made to the steering committee or the Federal Ministry of Finance, which is formed in accordance with § 4 of the Financial Stability Fund Act (9) The Management Committee, in agreement with the Federal Ministry of Finance, shall adopt its rules of procedure. Unofficial table of contents

Section 6 Legal status of the members of the Management Committee

(1) The members of the Management Committee shall be subject to the law of the Federal Ministry of Finance. (2) (omitted) (3) (omitted) (4) The Code of Conduct for the members of the Board of Management of the Deutsche Bundesbank shall apply accordingly to the members of the Management Committee. In particular, they may not do business on their own account or on a foreign account which may affect the interests of the FMSA or of the Fund or from which the appearance of a conflict of interests may arise. The guidelines of the Deutsche Bundesbank on the issue of insider dealing and the requirements for employee transactions must be complied with accordingly. In addition, the acquisition of any incidency of payment or free of charge shall be subject to the prior written consent of the Federal Ministry of Finance. The Management Committee shall, in agreement with the Federal Ministry of Finance, grant other authorisations required by the first sentence by decision without the participation of the Member concerned. Unofficial table of contents

Section 7 Tasks and responsibilities of the Management Committee

(1) The Management Committee shall direct the FMSA, conduct its operations and manage its assets under the applicable laws, in particular in accordance with the provisions of the Financial Stability Fund Act, the Financial Market Stabilisation Fund Regulation, the Restructuringfondsgesetz (Restructuring Funds Act) and the Legal Regulation and the Anstoral Directive to be adopted pursuant to Section 12 of this Act, and pursuant to this Statute. (2) The Management Committee is responsible in particular for:
1.
the decisions transferred to the FMSA under the Financial Stability Fund Act, the Financial Market Stabilisation Fund Regulation and the Restructuring Fund Act, and the legal regulation to be adopted in accordance with Section 12 of this Act, and The Procurement Directive, including the execution of decisions of the Steering Committee and the Federal Ministry of Finance,
2.
the management of the Fund and of the Restructuring Fund;
3.
the performance of the tasks of FMSA with regard to settlement institutions in accordance with § 8a of the Financial Market Stabilisation Fund Act as well as with regard to bridge institutes in accordance with § 5 of the Restructuring Fund Act,
4.
the accounting of the FMSA, the Fund and the Restructuring Fund;
5.
risk controlling of the FMSA, the Fund and the Restructuring Fund, as well as the management of the Fund and the restructuring fund,
6.
the monitoring of restructuring measures by the applicant undertakings,
7.
the submission of applications and proposals by FMSA to the Steering Committee and the Federal Ministry of Finance pursuant to § 1 (2) sentence 2 of the Financial Stability Fund Regulation as well as the preparation of decisions pursuant to § 4 (1) sentence 3 the Restructuring Fund Act and § 48a (3) sentence 2 of the Banking Act with the participation of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht),
8.
the preparation by the Federal Ministry of Finance of the subdirections of the Body on the Financial Market Stabilisation Fund pursuant to § 10a (2) sentence 1 and § 11 (3) sentence 3 of the Financial Market Stabilisation Fund Act as well as in accordance with § 16 (2) of the Financial Stability Fund Act Restructuration Fund Law,
9.
the inclusion of appropriate third parties in accordance with Article 3a (5), first sentence, of the Financial Stability Fund Act,
10.
the conclusion of employment contracts in accordance with Section 9 (1) of this Statute,
11.
the drawing up of rules for the reimbursement of costs and expenses in accordance with § 10 of this Statute,
12.
the drawing up of the Economic Plan and the establishment plan of the FMSA, the preparation of the budget accounts for the FMSA, the preparation of the draft budget accounts and the draft balance sheet for the Fund and the Restructuring Fund pursuant to Article 11 (3) to (5) of this Statute and
13.
the preparation of the annual accounts and the annual reports of the FMSA, the Fund and the Restructuring Fund in accordance with Article 11 (4) and (5) of this Statute.
(3) The members of the Management Committee shall be jointly responsible for the proper implementation of the tasks of the Management Committee and of the decisions of the Steering Committee.

Third Section
Representation

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§ 8 Representation of the FMSA, the Fund and the Restructuring Fund

(1) The Management Committee shall represent the FMSA, the Fund and the Restructuring Fund in a judicial and non-judicial way. (2) The FMSA, the Fund and the Restructuring Fund shall be subject to legal transactions by two members of the Management Committee Community. The Management Committee may decide that the FMSA, the Fund and the restructuring fund shall also be held by one of its members, together with an authorised employee or an authorised employee of the FMSA, or in the case of transactions carried out by the FMSA. (3) If a declaration of intent is to be submitted to the FMSA, the Fund or the restructuring fund, the levy shall be sufficient to: in relation to a member of the Management Committee or any of the The FMSA staff member or a staff member of the FMSA, who is authorised by the Management Committee.

Fourth Section
Staff

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§ 9 Staff

(1) The FMSA may employ workers within the framework of the establishment plan in employment relationships approved by the Federal Ministry of Finance in accordance with Article 11 (3) sentence 3. The employees of the FMSA are subject to the collective agreements and other labour law provisions applicable to the employees of the Deutsche Bundesbank. With the consent of the Federal Ministry of Finance, employees can also be employed above the highest collective bargaining agreement in a non-tariff employment relationship, to the extent that this is necessary for the implementation of the contract. of the tasks is required. Sentence 3 shall apply in respect of the other granting of benefits other than tariff and surcharge. (2) The Executive Committee shall be the supervisor of the FMSA staff. The duty of confidentiality in accordance with § 6 (2) applies to the employees of the FMSA as well as to third parties commissioned by this or the Federal Ministry of Finance. The issuing of the licence for the employees of the FMSA as well as for commissioned third parties is to be agreed with the Federal Ministry of Finance. (3) For the employees of the FMSA, the guidelines of the FMSA are valid. Deutsche Bundesbank on the insider problem and on the requirements for employee transactions accordingly. In addition, the employees of the FMSA are subject to the Code of Conduct for employees of the Deutsche Bundesbank for the acceptance of rewards and gifts, as well as for the activities of the members of the Deutsche Bundesbank, as well as the provisions of Section 1 (1) of the Staff Regulations of the Federal Bank German Bundesbank accordingly. (4) The staff expenditure of the officials and employees assigned to the FMSA must be borne by the FMSA. (5) For the reimbursement of Travel and relocation costs as well as severing fees apply to the respective regulations applicable to the Federal Officials.

Fifth Section
Budgetary and economic management

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§ 10 Repayment of costs and expenses

(1) FMSA shall finance the performance of its tasks, subject to paragraph 8, from the reimbursement of costs and expenses incurred by the FMSA in accordance with paragraph 2. If the revenue of the FMSA is not sufficient to cover the expenditure incurred by the FMSA in the performance of its To cover tasks in accordance with the first sentence, it shall be allocated an allocation from the federal budget in accordance with the federal budget in the amount of the difference. Surpluses at the end of the year from the revenue of the FMSA or from federal state grants are to be deducted from the federal budget. (2) The FMSA requires companies in the financial sector who are responsible for a stabilisation measure in accordance with § 6, § 7, § 8 or § 8a of the German Federal Government. Financial Market Stabilisation Fund Act, the reimbursement of costs and expenses on the basis of a declaration of commitment by the applicant or a contract with the applicant or an administrative act. This includes costs and expenses incurred during the duration of the measure or on the occasion of termination of the measure. (3) The FMSA can demand an appropriate cost advance from the applicant company. The refund referred to in paragraph 2 may also be required if the application is rejected or withdrawn. (4) The reimbursement of costs shall be different at least between the individual stabilization measures. In addition, the amount of the costs may be made dependent on the value of the measure. (5) The FMSA may reimburse costs and expenses for coordination of the costs and expenses of settlement institutions pursuant to Article 8a (1) sentence 7 of the Financial Market Stabilisation Fund Act. (6) The costs and expenses referred to in paragraphs 2 and 5 shall also include the costs of third parties to which FMSA is entitled under Article 3a (5) of the Financial Market Stabilisation Fund Act to the The performance of their duties is served. The costs and expenses to be reimbured can be calculated in the form of a lump sum. (7) The costs and outsourcing regulations to be drawn up by the management committee pursuant to Section 7 (2) (11) require the consent of the Federal Ministry of the Interior Finance. (8) The staff and property costs incurred for the establishment and management of the restructuring fund shall be reimbursed by the FMSA in accordance with § 11 sentence 3 of the Restructuring Fund Act from the resources of the Restructuring Fund. Unofficial table of contents

Section 11 Financial management, economic management, accounting, auditing

(1) The accounting year and the financial year of the FMSA, the Fund and the restructuring fund shall be the calendar year. (2) The FMSA shall be subject to the provisions of Sections 106 to 110 of the Federal Budget Code in accordance with Section 105 (1) of the Federal Budget Code. and § § 1 to 87 of the Federal Budget Code, unless otherwise specified by law or by law. Insofar as statutory provisions do not prevent this, the administrative provisions relating to the Federal Budget Regulations (VV-BHO) shall apply in accordance with the applicable version. (3) The FMSA shall establish the economic plan for the FMSA in accordance with § 110 of the Federal budget order and an establishment plan, and submit it to the Federal Ministry of Finance until the end of October of a year for the following year. The economic plan is the basis for economic management. The economic plan and the establishment plan are subject to approval by the Federal Ministry of Finance. The establishment plan shall include the posts for the collective and non-tariff workers and the members of the management board. Officials assigned to FMSA, as well as assigned employees, must be led to posts. Deviations from the establishment plan are only possible with the consent of the Federal Ministry of Finance. Measures for which there are no authorisations in the economic plan or which lead to derogations from the economic plan require the approval of the Federal Ministry of Finance. (3a) The FMSA has the responsibility for the establishment and administration of the Restructuring funds are separated from the labour and property costs in their economic plan and ensure that the personnel and property costs are fully reimbursed by the Restructuring Fund during the accounting year. (4) The FMSA places for the FMSA at the end of each accounting year, the revenue and expenditure account of the federal budget order. It shall also, within the first four months of the end of a financial year, draw up an annual financial statement and a management report in accordance with the provisions of the Commercial Code applicable to large corporations. The budget statement, the annual accounts and the annual report shall be drawn up by decision of the Management Committee. A group accounting obligation does not exist. The publicity law is not applicable. Disclosure and transparency are to be guaranteed in relation to the Federal Ministry of Finance and the Federal Ministry of Finance in relation to the Panel according to § 10a of the Financial Market Stabilisation Fund Act. The annual financial statements and the annual report shall be examined by the auditor in accordance with the provisions of the Commercial Code. The auditor is to be ordered by the Federal Ministry of Finance on a proposal from the FMSA. Prior to the appointment of the auditor, the agreement shall be established with the Federal Court of Auditors. Section 109 (2) of the Federal Budget Regulations remains unaffected. The accounts and the budgetary and economic management of the FMSA are audited by the auditor. Discharge of the Management Committee is carried out by the Steering Committee in agreement with the Federal Ministry of Finance. (5) The FMSA presents for the Fund and the Restructuring Fund at the end of each accounting year each separately, the draft budget accounts in accordance with the federal budget order and the draft balance sheet (balance sheet and profit and loss account in accordance with the provisions of the Commercial Code). The Federal Ministry of Finance shall, on the basis of these drafts, draw up the annual accounts for the Fund as well as the household and financial accounts for the restructuring fund, which shall be attached as an annex to the federal budget accounts. FMSA also provides for the Fund and the Restructuring Fund, within the first four months of the end of each financial year, to separate from each other an annual financial statement and annual report on the basis of the financial statements for large corporations. the applicable provisions of the Commercial Code. Annual accounts and annual reports shall be drawn up by decision of the Management Committee. A group accounting obligation does not exist. The publicity law is not applicable. Disclosure and transparency are to be guaranteed in relation to the Federal Ministry of Finance, the Body according to § 10a of the Financial Market Stabilisation Fund Act and the Body according to § 16 of the Restructuring Fund Act. The annual accounts and management reports shall be examined by the auditor in accordance with the provisions of the Commercial Code. The auditor is to be ordered by the Federal Ministry of Finance on a proposal from the FMSA. Prior to the appointment of the auditor, the agreement shall be established with the Federal Court of Auditors. Part V and § 114 of the Federal Budget Code remain unaffected. Following the discharge of the Federal Government by the Bundestag and the Bundesrat, discharge of the Management Committee by the Steering Committee shall be carried out in agreement with the Federal Ministry of Finance. (6) Further requirements on the respective Presentation of the financial situation of the FMSA, the Fund and the restructuring fund can be carried out by way of instructions from the Federal Ministry of Finance; paragraphs 4 and 5 remain unaffected. (7) The FMSA uses it for the settlement of its payment transactions the Federal Government's cash register system. Liquid funds of the FMSA remain in the cash register system of the federal government. The FMSA is responsible for an internal audit. (9) The FMSA's budgetary and economic management is subject to § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 111 of the Federal Budget Code of the examination by the Federal Court of Auditors. In addition, the Federal Court of Auditors examines the budgetary and economic management of the Fund and of the restructuring fund in accordance with Section 113 of the Federal Budget Code.