From September 6, 1999
List of changes
Statutes of | entered into force on | Amended regulations |
---|---|---|
29.03.2004(OJ p. 96) | 01.01.2004(retroactive) | § 4 |
22.02.2010 (OJ P. 122) | 11.03.2010 | §§ 1 to 3 |
At its meeting on September 2, 1999, the Council of the City of Bonn adopted the following statutes on the basis of § 7 of the Municipal Code for the State of North Rhine-Westphalia (GO) in the version published on July 14, 1994 (GV. NW. p. 666/SGV. NW. 2023), last amended by the law of December 17, 1998 (GV. NW. p. 762):
§ 1
(1) The Mayor of Bonn shall decide on the deferral of claims of the City of Bonn. He/she is authorized to delegate this authority. The same applies to the suspension of the enforcement of summonses.
(2) Once a year, the Mayor of Bonn shall report to the Audit Committee and the relevant specialist committee on the write-offs, waivers and decisions made in the previous year in the context of proceedings under the Insolvency Code (InsO).
§ 2
Decisions on the write-off or waiver of claims of the City of Bonn as well as declarations in the context of proceedings under the Insolvency Code shall be made by
1. in the case of temporary write-offs
- up to an amount of 150,000 euros, the Mayor of Bonn, who is authorized to delegate the authority;
- for amounts over 150,000 euros, the responsible specialist committee;
2. in the case of indefinite waivers, remissions and declarations in the context of proceedings under the InsO
- up to an amount of EUR 50,000, the Mayor of Bonn, who is authorized to delegate the authority;
- in the case of an amount of more than EUR 50,000, the Council after prior consultation with the relevant specialist committee.
The Council may revoke decisions in individual cases.
§ 3
When concluding a settlement of claims
- up to an amount of 50,000 euros, the Mayor of Bonn, who is authorized to delegate the authority to the legal staff of the Legal Department or the staff of the responsible specialist departments;
- in the case of an amount of more than EUR 50,000, the Council after prior consultation with the relevant specialist committee.
The decisive factor here is the amount by which the claim is to be reduced according to the settlement, compared with the maximum amount of the claim that could be demanded in a favorable case.
The Council can refer decisions back to itself in individual cases.
§ 4
These Articles of Association shall not apply if a claim is to be deferred or not collected for certain groups of similar cases in accordance with the law, ministerial decrees or council resolutions. The provisions of the operating statutes for owner-operated companies or similar institutions in their respective valid versions remain unaffected.
§ 5 Entry into force
These statutes shall enter into force on the day following their public announcement. At the same time, the statutes of the City of Bonn on the deferral, deferral and waiver of claims dated May 16, 1995 shall cease to be in force.
- - -
The above statutes are hereby made public.
It is pointed out that a violation of procedural and formal regulations of the municipal code for the state of North Rhine-Westphalia (GO NW) in the creation of these statutes can no longer be asserted after the expiry of one year since this announcement, unless
- a prescribed approval is missing or a prescribed notification procedure has not been carried out,
- these Articles of Association have not been duly published,
- the Mayor of Bonn has previously objected to the resolution on the statutes or
- the formal or procedural defect has been notified to the City in advance, stating the violated legal provision and the fact that reveals the defect.
Bonn, September 6, 1999
Dieckmann
Mayor of Bonn