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Presscouncil City of Chemnitz
Pressrelease: 711

City Council approves amendments to the articles of association

Amendment to the Saxon municipal code has an impact on the articles of association of municipal companies

At its meeting today, Chemnitz City Council resolved to amend the articles of association of the following subsidiaries:

  • C³ Chemnitzer Veranstaltungszentren GmbH (C³)
  • Chemnitzer Wirtschaftsförderungs- und Entwicklungsgesellschaft mbH (CWE)
  • Chemnitzer Verkehrs-AG (CVAG)
  • Eissport und Freizeit GmbH Chemnitz (EFC)
  • Chemnitz Training Centre gGmbH (FBZ)
  • Grundstücks- und Gebäudewirtschafts-Gesellschaft m.b.H. (GGG)
  • Chemnitz Clinical Centre gGmbH (KC)
  • Chemnitz Municipal Theatre gGmbH (STC)
  • Versorgungs- und Verkehrsholding GmbH Chemnitz (VVHC)
  • Wertstoff-Transport Chemnitz GmbH (WeTraC)
  • Technologie Centrum Chemnitz GmbH (TCC)

The amendment to the Saxon Municipal Code (SächsGemO) came into force on 1 January 2014. The regulations created there, particularly in the section on municipal business law, also have an impact on the articles of association of municipal companies. The new requirements for the articles of association must be implemented by 31 December 2016 at the latest.

An initial part of the amendment to the articles of association of the companies of the City of Chemnitz was already carried out at some municipal companies in autumn 2014 due to the upcoming elections to the supervisory boards following the municipal elections.

This related in particular to the regulations on the composition of the Supervisory Board.

In a second step, the other new regulations contained in the amendment to the SächsGemO are now to be included in the articles of association/statutes of the municipal companies.

In addition to these legally required changes, the will of the city council is also to be implemented in the articles of association. The responsibility for appointing and dismissing the management, which was previously the responsibility of the shareholders' meeting, is now to be transferred to the Supervisory Board of the municipal companies and holdings.

There is no need to change this at CVAG and Klinikum Chemnitz gGmbH (KC).

At CVAG, the Supervisory Board was already responsible for the appointment and dismissal of the Executive Board, so that no addition is required here. The same applies to KC. Here, too, the Supervisory Board is already responsible for appointing and dismissing the Managing Directors.

The current minimum number of meetings of two meetings per calendar year is to be increased to four meetings. This is intended to increase the intensity of monitoring of the management by the Supervisory Board.

The amendment of the articles of association of the city's other direct shareholdings is to be submitted to the City Council for resolution in the first half of 2016. Subsequently, the amendment of the articles of association of second-tier municipal holdings (second-tier subsidiaries) will be submitted to the City Council within the statutory implementation period.