Law relating to the Agreement of 16 May 1991 between the Government of the Federal Republic of Germany and the Government of the Union of Soviet Socialist Republics on the termination of the activities of Soviet-German public limited liability company Wismut

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WismutAGAbkG

Date of completion: 12.12.1991

Full quote:

" Law on the Agreement of 16 May 1991 between the Government of the Federal Republic of Germany and the Government of the Union of Soviet Socialist Republics on the termination of the activities of the Soviet-German stock corporation Wismut of 12 June 1991. December 1991 (BGBl. 1138), which was last amended by Article 13 of the Regulation of 31 December 1991. October 2006 (BGBl. 2407). "

Status:

Last amended by Art. 13 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 18.12.1991 + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Species 1
Assent to the agreement

The Agreement between the Government of the Federal Republic of Germany and the Government of the Union of Soviet Socialist Republics signed in Chemnitz on 16 May 1991 concerning the termination of the activities of Soviet-German public limited-liability companies Wismut is agreed. The Agreement shall be published below.

Type 2
Transformation of the Soviet-Deutsche Aktiengesellschaft Wismut

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§ 1

(1) With the entry into force of this Agreement, the Soviet-Deutsche Aktiengesellschaft Wismut is converted into a limited liability company within the meaning of the Act concerning companies with limited liability and exists as such. (2) The Federal Republic of Germany shall become the proprietor of the part of the business of the company resulting from the conversion with limited liability. Unofficial table of contents

§ 2

The company is leading the company "Wismut Gesellschaft mit beschränkter Haftung im Aufbau (Wismut GmbH i.A.)". It has its headquarters in Chemnitz. Unofficial table of contents

§ 3

(1) provisional directors shall be appointed within one month of the entry into force of the Agreement. Until the appointment of the provisional directors, their duties are to be carried out by the former Director-General of Soviet-German Aktiengesellschaft Wismut. (2) The provisions of the law concerning companies with limited liability Liability concerning the position and responsibility of the managing directors shall be applied to the persons referred to in paragraph 1. Unofficial table of contents

§ 4

Up to the determination of the share capital in the social contract, the stock capital is one hundred thousand Deutsche Mark. Unofficial table of contents

§ 5

The financial year of Wismut GmbH in its construction is the calendar year. Unofficial table of contents

§ 6

(1) The Wismut GmbH is to be entered in the Commercial Register by its own authority, with reference to this law. (2) For the registration in the Commercial Register, Wismut GmbH shall be established within one month by the Wismut GmbH in the structure of the Register. Entry into force of this law:

1.

the object of the undertaking

2.

the name of each provisional managing director.

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§ 7

Immediately after the registration of the company, the provisional directors shall initiate the measures necessary for the establishment of a company with limited liability in the rest of the law. Unofficial table of contents

§ 8

The Federal Republic of Germany is the founder within the meaning of Section 1 of the Law on Companies with Limited Liability. § § § 7 (1), § 10 (1) and § 11 of the Act concerning companies with limited liability apply to the foundation. Unofficial table of contents

§ 9

The provisional directors have to register with the commercial register for registration that the legal requirements for a registration of Wismut GmbH are available. Unofficial table of contents

§ 10

If the legal requirements for the registration of Wismut GmbH are fulfilled, the register court will delete the addition "in construction" in the previous company of the company. In addition, the level of the share capital and the managing directors must be entered. It should also be borne in view which power of representation the managing directors have. The company contract and its amendments do not require confirmation of their effectiveness by the authority responsible for the confirmation of the social contract after the Bergrecht.

Art 3
Division of Wismut GmbH in the construction or the Wismut GmbH

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§ 1

(1) Wismut GmbH in the construction or Wismut GmbH may split its assets in accordance with the following provisions. The division is possible

1.

in the form of a spin-off for re-establishment, without the liquidation of the company being transferred, by the simultaneous transfer of its assets as a whole to other new capital companies established thereby, or

2.

in the form of a spin-off for the re-establishment of the company, the transfer of a part or several parts of the assets of that company as a whole to one or more of the new capital companies established as a whole by the transfer of a part or or capital companies

against the granting of business shares in the new companies to the Federal Republic of Germany. (2) The secession of a fortune part of Wismut GmbH in the construction, which is the closure of the mining companies, the refurbishment and recultivation of the The company is to carry out the mining legacy of the company as of 1 January 1992. Unofficial table of contents

§ 2

The division is divided into sections 2, 3, 7 to 11, 13 and 15 of the Law on the splitting of the companies administered by the Treuhandanstalt on 5 April 1991 (BGBl. 854). Insofar as reference is made in the above-mentioned provisions to the Treuhandanstalt, the Federal Republic of Germany shall replace it in its place.

Species 4
Balance sheet and tax law

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§ 1

The D-market balance law in the version of the notice dated 18 April 1991 (BGBl. 971, 1951) shall apply to the limited liability company pursuant to Article 2 (1), subject to the proviso that the conversion of the Soviet-German public limited company Wismut shall also result in a conversion within the meaning of § 1 Section 5 of the D-market balance sheet if the conversion is completed after 30 June 1991; the DM opening balance of the Soviet-Deutsche Aktiengesellschaft Wismut, drawn up in accordance with the D-market balance sheet law, can be a DM opening balance sheet for the German public limited liability act according to Article 2 § 1 transformed society with limited liability shall be used. Unofficial table of contents

§ 2

(1) Subject to the provisions of paragraphs 2 to 4, the tax law of the Federal Republic of Germany shall apply to the enterprise for the first time for the financial year of the company which starts after 31 December 1991. (2) The payroll tax shall be until 31 December 1990. (3) The German Democratic Republic's VAT law shall apply from 1 July 1990 to the German Democratic Republic's tax law. (3) The German Democratic Republic's VAT law shall apply to the VAT and from 1 January 1991, the VAT law of the Federal Republic of Germany (4) The mineral oil tax law of the German Democratic Republic shall apply as from 1 July 1990 for the mineral oil tax and from 3 July 1990 onwards. October 1990, the Federal Republic of Germany's mineral oil tax law, subject to the proviso that mineral oils are exempted from taxation, which are subject to unburdensome and in the company's own undertaking for operational purposes, until 31 December 1990 have been consumed.

Species 5
Mining authorization, radiation protection permits and authorisations

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§ 1

The right to carry out the search, exploration, extraction and processing of uranium ores, which was established between the Government of the German Democratic Republic and the Government of the German Democratic Republic, in accordance with the Agreement of 7 December 1962. Government of the Union of Soviet Socialist Republics on the continuation of the activities of the Soviet-German Joint Stock Corporation Wismut on the day of the date of entry into force of the accession treaty, is deemed to be a mining seizure in the Sense of § 151 of the Bundesberggesetz of 13 August 1980 (BGBl. 1310), as amended. The mining company shall be notified to the competent authority with the information necessary for the verification of the existence and the extent of the law and, at the request of the competent authority, in accordance with the rules in force in the relevant mountain land register as soon as it is applied. Unofficial table of contents

§ 2

(1) Insofar as agreements between the State Office for Nuclear Safety and Radiation Protection or its legal aisles and the Soviet-German stock corporation Wismut or decisions of the Director-General of the Soviet-German Aktiengesellschaft Wismut on the basis of such agreements for the exercise of the law referred to in Article 5 (1) for the use of nuclear installations, the operation of radiation facilities, the traffic with radioactive starting material and other Radioactive substances and for work on halds and outlets or regulations relating to Radiation protection of workers and of the general public, which is at the time of the entry into force of the Environmental Framework Act of 29 June 1990 (GBl). 649), they are considered to be permits or authorisations within the meaning of § § 4 or 5 of the Regulation on the Safeguarding of Nuclear Safety and Radiation Protection of 11. October 1984 (GBl. 30 p. 341) for the purpose of settlement and rehabilitation. The authorisations and authorisations referred to in the first sentence shall be ineffective five years after the entry into force of this Act, unless otherwise specified in sentence 3. Licences shall be granted in respect of decommissioning and remediation activities, including the associated facilities and facilities, for which applications for new radiation protection authorisations are submitted by the end of the period referred to in the second sentence of sentence 2, and Authorisations according to the first sentence, until the granting of the new authorisations, but at the latest ten years from the date of entry into force of this law. (2) The holder of the licence or the authorisation holder are the Soviet-German public limited company Wismut or the legal successor, carrying out the activities carried out by the Regulation on the guarantee of Nuclear safety and radiation protection. The Soviet-Deutsche Aktiengesellschaft or the legal successor responsible for the settlement shall provide the competent authority with the necessary information on such decisions. (3) For the storage of processed uranium ores, a to demonstrate nuclear cover.

Species 6
Assets

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§ 1 Allocation of the assets

(1) With the entry into force of the agreement referred to in Article 1, the Soviet-German public limited company Wismut shall be transferred until 30 June 1990 and the assets allocated to it by this date shall be transferred to the Wismut company with limited liability in the structure. This applies to land and buildings only if they were formerly in the hands of the people and either the Soviet-German public limited company Wismut is entered in the land register as their legal entity or the land and buildings of these are registered on 30 June. (2) For the determination as to whether and to what extent Soviet-German limited-liability companies have granted Wismut and, in accordance with paragraph 1, to the Wismut Gesellschaft with limited liability has been transferred in the establishment, the Asset allocation law of 22 March 1991 (BGBl. 766, 784), unless otherwise specified in the following. (3) For the determination to be made in accordance with paragraph 2, the Chief Financial President of the Oberfinanzdirektion alone is responsible for the subject matter of the Capital of the Capital of the European Union. is wholly or predominately documented. If a security is not established, the registered office of the company shall be decisive. The application required under Section 1 (6) of the Asset Allocation Act may be filed by the Company as well as by anyone who has a legitimate interest in this determination. (4) § 6 of the Property Association Act is also applicable to such To apply the land and buildings of the kind referred to therein, which are or may be classified by the Soviet-German public limited company Wismut in the matter. The Wismut Gesellschaft mit beschränkter Haftung im Aufbau ist auch ohne eine judgment pursuant to § 2 of the Property Allocation Act, the power to dispose of land and buildings, which are still in the land register as a fully owned and as their legal entities there the Soviet-Deutsche Aktiengesellschaft Wismut is registered; Section 6 (2) to (4) of the Law on Assets is to be applied with the proviso that the Federal Ministry of Economics and Technology shall be replaced by the Ministry of the Interior of the respective country. Technology occurs. Unofficial table of contents

§ 1a Municipal bodies

(1) On request, the President of the Oberfinanzdirektion (Section 1 (3)) shall transfer to local authorities institutions, land and buildings which, in accordance with the provisions of Articles 21 and 22 of the agreement, serve self-management tasks, which shall be used for the purposes of: have passed to Wismut GmbH pursuant to Section 1 (1). Sentence 1 shall not apply to facilities, land and buildings which have been used for commercial purposes or which have been incorporated into a business unit and which cannot be transferred without significant impairment of the undertaking (1a) If the assets referred to in paragraph 1 have been transferred to third parties, the municipality of the proceeds shall be returned. No further claims exist. (2) With the transfer in accordance with paragraph 1, the municipality enters into all legal relationships existing in each case with respect to the establishment, the land or the building. (3) In the case of the transfer as referred to in paragraph 1, the Correct the opening balance sheet of Wismut GmbH in the appropriate application of § 36 of the D-market balance sheet law. The Federal Republic of Germany shall not be liable for the measures referred to in paragraph 1 as the holder of the business shares of Wismut GmbH beyond the provisions of Section 3 of the D-market balance sheet. Unofficial table of contents

§ 2 Enpropriated Assets

In so far as assets of the kind referred to in § 1 were the subject of measures within the meaning of Section 1 of the Property Law, they are subject to the retransmission in accordance with the Property Law. The Investment Priority Act shall apply.

Species 7
Submission of documents

(1) The authorities, who have taken over the duties or documents of the former departments for Wismut Affairs, submit their documents to Wismut GmbH in the construction or their legal successor for further evaluation, insofar as they are for the Recultivation and refurbishment of the operating areas and the determination of the operating assets are required. If personal data are contained in the documents, the obligation to transfer is only in accordance with the first sentence, insofar as the conditions of § 16 of the German Federal Data Protection Act are available and insofar as no special statutory usage regulations are available. . The company shall retain such documents in an orderly manner 10 years from the date of acquisition and, after the expiry of that period, shall offer it to the authority concerned to withdraw it. However, the retention period of 10 years shall not expire, insofar as and as long as such documents are required for the concern of matters arising out of the ordinary business operation of the company, including the handling of uranium mining or the Preparation as well as the associated disposal and recultivation of terrain are required. Sentence 1 shall not apply to the authorities responsible for carrying out tasks under the Atomic Energy Act and the Regulations adopted pursuant to this Act, including the Regulation on the Safeguarding of Nuclear Safety and Radiation Protection and the Provisions for the implementation of this Regulation of 11 October 1984 (GBl. 341) or the order to ensure radiation protection in the case of semi-and industrial settling basins and the use of materials deposited therein on 17 November 1980 (GBl). 347) or carry out tasks in accordance with the Radiation Protection Provisions Act. (2) The authorities may require Wismut GmbH to submit the documents referred to in paragraph 1 for inspection and inspection in the course of the establishment or its legal successor. It shall specify the purposes for which the documents are required. The authorities may request the submission of the relevant documents to the office of the Office, or they may consult Wismut GmbH in the structure or their legal successor.

Art 8
Exemption from costs and taxes

No charges shall be charged for the enforcement of Articles 1 to 6 of this Act, or with the exception of the VAT.

Art 9
Audit by Federal Court of Auditors

In the cases of Section 53 of the Budget Basic Law, the Federal Court of Auditors may immediately inform itself in order to clarify matters which arise during the examination pursuant to Section 44 of the Budget Basic Law and, to that end, the holding, the books and the books and the See the company's writings.

Species 10
entry into force

(1) This Act shall enter into force on the day following its announcement. (2) The date on which the Agreement enters into force in accordance with its Article 9 shall be disclosed in the Federal Law Gazproc.