1. GENERAL PRINCIPLES
1.1 Purpose of Funding
1.1.1 Funding is intended to increase the artistic and cultural quality of film and television production and enhance the efficiency of the Bavarian film industry, thus ensuring cultural diversity. Furthermore, funding is also intended as a contribution to the strengthening of the audiovisual sector in Europe.
1.1.2 Criteria for the artistic and cultural quality are, among other aspects, the form and content, historical, contemporary, creative, social or societal relevance of the story, the narrative and linguistic form of the screenplay or treatment and the dialogue, the expected creative and visual realization of the work, as well as the competence of the participant film artists, above all, in the areas of direction, acting, art work, editing, scenography, production design and score. A balanced ratio of women and men among the filmmakers involved should be strived for.
1.2 Object of Funding
Funding may be granted in the following categories:
– story and project development
– production of theatrical films or television films and series
– other innovative audiovisual projects and immersive audiovisual content
– distribution and world sales
– cinema programs and investments
– other funding measures regarding the maintenance of Bavaria as a media location
1.3 General Funding Prerequisites
1.3.1 The granting of funds according to these guidelines shall only be effected within the scope of the funds made available as project funding (partial financing) by the shareholders of FFF Bayern. There are no legal claims for funding.
1.3.2 All application forms and screenplays must be filed in the German language unless otherwise provided for in these guidelines. The conclusion of a funding contract in accordance with Paragraph 8.6 and the disbursement of granted funds is based on the condition that overall financing of the project for which an application has been submitted can be documented. In the case of loans, the interest rate will use the money market rates at the time of allocation as a guideline.
1.3.3 The costs of the project for which an application has been submitted shall adhere to industry standards and are to be calculated on the basis of cost-efficient business management. Relevant for the calculation of the maximum funding ceiling is, respectively, the German financing share or, in case this is higher, the German share of costs.
1.3.4 Applicants are required to employ the staff assigned to the projects on socially acceptable terms. Costs for “green shooting” in the production of cinema and television projects are eligible.
1.3.5 Work on the project may not have commenced at the time of application submission. In justified exceptional cases, FFF Bayern may allow an exception if an interim application exists.
1.3.6 Loans will be granted on condition that the project promises a project worthy of being funded based on various quality criteria and economic potential. No funds will be granted to projects which lead one to expect a project that violates the constitution or any laws, or offends ethical or religious sensibilities. The same applies to projects describing sexual or brutal acts in an obtrusively coarse and exploitative manner. Moreover, no funds are made available to industrial, advertising or image films.
1.3.7 Based on these guidelines, no applications may be filed by public broadcasting stations and private television channels.
1.3.8 Unless these guidelines state otherwise, only an Allocation Committee shall make recommendations on individual funding measures.
1.3.9 Insofar as these guidelines do not include a separate regulation, for theatrical film projects the regulations of the FFG (Film Funding Law) and those guidelines passed in accordance with the FFG are also applicable. For international co-productions and television projects special guidelines shall be adopted.
1.3.10 Based on these guidelines, funds can be accumulated with funds from other film funding agencies. However, the proposed aid intensity may not, as a rule, exceed 50 % (60 % in the case of European coproductions). Exceptions may be made for challenging audiovisual works, i.e. short films, directors’ first and second films, documentary films, low-budget productions and other commercially challenging works. Support measures in Paragraphs 2, 3, 4 and 5 will be granted according to the General Block Exemption Regulation of the EU (Regulation (EU) No. 651/2014 of the Commission; AGVO) in determination with the compatibility of specific groups of support within the single market in application of the directives 107 and 108 of the contract regarding the operating principles of the European Union (ABL L 187, 26.06.2014, p. 1), in particular Article 54 AGVO. Support measures in Paragraph 6 shall be granted according to Article 53 AGVO. Support measures in Paragraph 7 shall be granted according to the “De-minimis Regulation” (Regulation (EU) No. 1407/2013 of the Commission dated 18 December 2013 regarding application of the Article 107 and 108 of the contract regarding the operating principles of the European Union with regards to De-minimis aid, ABL EU L 352, 24.12.2013, p.1).
1.3.11 Companies which have not complied with a reclamation based on a decision by the EU Commission regarding the illegality and incompatibility of aid within the common market shall not be supported (according to Article 1 Section 4 Letter a of the AGVO). Further, companies experiencing difficulties according to Article 1 Section 4 Letter c of the AGVO shall also not be supported. The publication of approval takes place according to Article 9 Section 1 in conjunction with the appendix III of the AGVO. According to Article 9 Section 1c of the AGVO with effect as of 1 July 2016, all individual support aids in excess of 500,000 Euros granted shall be published together with the information mentioned in Appendix III (including the recipient and extent of aid) on a national or regional website.
2. STORY AND PROJECT DEVELOPMENT FUNDING
2.1 Story Development for Theatrical Feature Films
2.1.1 A conditionally repayable, interest-free loan may be granted for the development of theatrical feature film screenplays.
2.1.2 Authors and producers are eligible to file applications. Authors are eligible if they are the creators of the story or are in possession of the film rights of the story. Producers with offices in Bavaria are eligible for stories which they have themselves developed or for which they have acquired the film rights of said story from a third party and will produce themselves.
2.1.3 A treatment with at least one fully elaborated dialogue scene, illustrative of a quality film worthy of funding, must be enclosed with the application. The application must indicate the name of the producer with whom the film project is to be realized. A corresponding letter of intent from a producer residing in Bavaria must be attached.
2.1.4 The loan shall not exceed 30,000 Euros. The amount of support may be increased if the author can provide evidence of at least two filmed theatrical feature films or can furnish evidence of particularly high research expenditures or the expenditure of a dramatic consultant/coach. The loan may also be increased if the screenplay is also the basis for the creation of a multimedia storyline.
2.1.5 The loan shall be paid in two installments: 70 % upon recommendation of the Allocation Committee, 30 % upon presentation of the completed screenplay. Granting of the first installment does not represent an automatic claim to the second installment. Recommendations for funding per se are made by the Allocation Committee, while the general management makes decisions on the disbursement of the second installment as well as regarding the support of a dramaturgical consultation, subsequently submitting a report to the Allocation Committee.
2.1.6 The deadline for the completed screenplay is nine months from the payment of the first installment. For justified exceptions, the general management may – upon submission of a written request – grant a deadline extension. The written request must be submitted prior to the deadline. If the funding recipient is an author, he/she agrees to offer the screenplay to the producer named in the application or to another producer residing in Bavaria for the production of a theatrical feature film. If at all possible, the film shall be produced in Bavaria.
2.1.7 Funding of a screenplay does not give rise to claims for funding of the film project which is based on the funded screenplay.
2.1.8 Upon sale of the screenplay, the funding recipient is obliged to pay back one half of the proceeds realized, yet no more than the amount of the granted loan. If the grant recipient produces the film him/herself, the entire screenplay funding must be paid back upon commencement of shooting. Professional fees of up to 50 % of the funding amount for the further development of the screenplay are not considered as proceeds. The obligation for repayment ends five years after the pay-out date of the last loan installment.
2.2 Story Development for Internationally Marketable Series
2.2.1 A conditionally repayable, interest-free loan of up to 30,000 Euros can be granted for the development of material for internationally marketable series that are set for at least six consecutive episodes with a playing time of at least 40 minutes per episode (for children’s and youth animation series of at least 10 minutes).
2.2.2 The application must be accompanied by a series concept, a treatment for the first episode with at least one elaborated dialogue scene and ideas for the further episodes.
2.2.3 For the payment of the second installment, the finished script for the first episode as well as the outlines for the further episodes must be submitted. Otherwise, Paragraphs 2.1.2 to 2.1.8 apply.
2.3 Story Development for Theatrical Documentary Films
2.3.1 A conditionally repayable, interest-free loan of up to 20,000 Euros can be granted for the development of filmable script for elaborate documentary films, including research.
2.3.2 The application must be accompanied by a conclusive exposé and a concept for its cinematic implementation.
2.3.3 For the payment of the second installment, a filmable script must be submitted, including research results. Otherwise, Paragraphs 2.1.2 to 2.1.8 shall apply.
2.4 Project Development
2.4.1 Support may be granted for the development of theatrical feature films or television films and series (including related additional innovative digital narratives). Producers are eligible to apply.
2.4.2 The subsidy is granted as a conditionally repayable, interest-free loan. The loan can amount to up to 70 % of the calculated project development costs, for theatrical feature films and television films a maximum of 100,000 Euros per project, for series a maximum of 150,000 Euros per project. The applicant must provide an appropriate contribution of his/her own. The funding amount is to be used as far as possible in Bavaria. In the case of television projects, producer fees and calculated profits are not recognized as project development costs.
2.4.3 The application must be accompanied by a screenplay or, in the case of series, a series concept, a screenplay for the first episode and outlines for the further episodes, and, in the case of documentaries, a filmable script as well as the calculation of production preparation costs and a realization concept.
2.4.4 If the grant agreement is not legally binding within six months of the grant recommendation, the grant recommendation expires. A final report on the project development measure must be submitted to the management twelve months after the contract has been signed. In justified exceptional cases, the management may extend this deadline upon request; the request must be received before the deadline expires.
2.4.5 The loan will be paid in the following installments: 50 % after recommendation of the Allocation Committee, 25 % after commencement of work on the project and 25 % upon presentation of the final report. The loan is to be repaid by the beginning of production or after the rights to the funded story have been sold. The obligation for repayment ends five years after the pay-out date of the last loan installment. If funding is granted for the production costs of the project, the loan shall be allowed as a credit against these costs.
2.4.6 The granting of project development funding does not give rise to legal claims for further funding.
3. PRODUCTION FUNDING FOR THEATRICAL FILMS OR TELEVISION FILMS AND TELEVISON SERIES
3.1 Conditionally repayable and interest-bearing loans may be granted for the production of theatrical films or television films and television series (including related, additional innovative digital narrative forms). The loans are disbursed in installments according to the proven progress of the project. Interest payments on the loan cease at the end of the 18th month following the German premiere of the funded film. Only producers based in Germany or with branch offices or permanent business establishments in Germany are eligible to file applications for funding.
3.2 The production of theatrical films may receive funding of up to 30 % of eligible production costs according to Paragraphs 1.3.3 and 1.3.4, but not exceeding 2 million Euros, if the producer deems the refinancing of the funded portion on the national and international market a viable option. The film must be of feature length. A film shall be considered to be of feature length if screening time is no less than 79 minutes; no less than 59 minutes for documentaries or children’s and youth-oriented films.
3.3 The production of television films may be funded with up to 30 % of eligible production costs according to Paragraphs 1.3.3 and 1.3.4, if the producer deems the refinancing of the funded portion on the national and international market a viable option or if the funding promises, in the long run, further production of specials, etc. in Bavaria. Funding for each individual project shall not exceed 600,000 Euros. As a rule, the television network share of the costs should be 60 %.
3.4 The production of television series may be funded with up to 30 % of eligible production costs according to Paragraphs 1.3.3 and 1.3.4, if the producer deems the refinancing of the funded portion on the national and international market a viable option or if the funding promises, in the long run, further production of series in Bavaria. Television series may be funded with up to 1 million Euros. As a rule, the television network share of the costs should be 60 %.
3.5 The following measures are possible for the special promotion of young talent:
3.5.1 Graduation films by students of the University of Television and Film in Munich (HFF) and the Macromedia University for Media and Communication (Macromedia) may receive funding in the total amount of up to 600,000 Euros annually. The funding is allocated either as a grant or a success-related conditionally repayable loan. Graduation films need not be of feature length. All applications must be accompanied by a letter of confirmation from the university. In exceptional cases, an application may be submitted by the universities themselves.
3.5.2 Debut films by graduates of the HFF and Macromedia may be eligible for funding of up to 850,000 Euros annually. The funding is allocated either as a grant or as a success-related conditionally repayable loan. The funding application for a debut film must be submitted within five years of graduation. The debut film need not be of feature length. A copy of the final report card from the university must be submitted with the grant application.
3.5.3 In addition, projects by young professionals with experience in the sector and which are deemed particularly worthy of support can be supported with a total amount of up to 250,000 Euros per year. Funding can be provided either in the form of a grant or as a success-related conditionally repayable loan. These films projects are also not required to be of feature length. Support for pupils, students and graduates of the HFF or Macromedia is excluded. For animation projects, the management may apply different regulations.
3.5.4 The funding amounts named in Paragraphs 3.5.1 to 3.5.3 are mutually coverable.
3.6 The applicant must provide personal resources for the financing of the production, commensurate with his/her personal capital, cash resources and current revenue state. Personal resources may take the form of private funds, deferred personal services and deferred services provided by third parties, distribution guarantees, television and home-entertainment investment, and licenses, if provided during the production of the film. Private funds shall consist of the producer’s own personal funds as well as assumed funds obtained by the producer as a loan with a committed obligation of repayment (i.e. bank credits) and participatory loans (i.e. crowd investing, crowd funding, Bavarian Bank Fund). The private funds must amount to no less than 2.5 %. Deferred personal services calculated on the basis of the current market rate can be used as a financing component for no more than 10 % of the production costs. Deferred personal services include the current going rate of fees charged by the producer, when participating in the film project as production manager, director, lead actor or director of photography. In the case of theatrical films, a producer’s fee of no more than 2.5 % of production costs can be credited to the personal services rendered. A reasonable profit may be calculated in the case of television films and television series. Film funding and prize money may not be credited toward the personal funding portion of the budget calculations if these are linked to the execution of a specific project.
3.7 The application must include a copy of the screenplay, a crew and cast list, a budget calculation and a financing plan. Furthermore, a detailed exploitation concept must be attached to the application file. As a rule, funding for theatrical films can only be granted if a legally binding contract for distribution is also submitted. In the case of television films and series, a signed contract with a television network for the broadcasting of the film or series must be submitted. If no broadcasting contract has been concluded, a key data paper or deal memo signed by both parties must be submitted, from which the amount of the financial participation by the broadcasting company and the distribution of the exploitation rights, in particular the license period and the license area for the broadcasting company, result. The remaining exploitation rights allocated to the producer must be apparent in the contracts. Exceptions may be granted if the producer’s personal funds exceed the average amount or if the film qualifies for young talent promotion, according to Paragraph 3.5.
3.8 At least 150 % of the loan amount granted must be spent in Bavaria (“Bavaria effect”). A higher “Bavaria effect” must actually be produced if such is indicated in the funding application.
3.9 During the film’s production, the applicant shall guarantee, to an appropriate degree, to provide a platform for initial and further film vocational training.
3.10 A recommendation for the granting of film funding expires if the overall funding is not documented within nine months following the announcement of the decision by the Allocation Committee. It also expires if filming is not commenced within twelve months following the announcement of the decision by the Allocation Committee. In justified and exceptional cases, the general management may, upon written request, extend the deadlines according to Item 1. The request must be submitted prior to the initial deadline. If the general management rejects the request, the matter shall be referred to the Allocation Committee.
3.11 The loan is to be repaid from the funded film’s primary and foreign distribution royalties. After priority is given to the repayment of the producer’s eligible precedence, 50 % of the applicant’s profits realized from the commercial utilization of the film are to be used for repayment of the loan. The order of priority set down in the contract is valid. If a lower priority or a repayment time-frame has been agreed upon with another German funding institution involved in the project, these too shall be valid for this loan according to these guidelines. If the film has been funded by more than one funding institution, repayment shall be effected in line with the corresponding funding percentages. In this case, the 50 % rule stated in Item 2 of this Paragraph shall apply to the Bavarian percentage. The repayment obligation in the case of theatrical films generally terminates ten years after the film’s opening, in the case of television films and series, ten years after the first broadcast. In the case of projects for which a longer period of commercial exploitation can be expected owing to the special circumstances involving the producer’s rights, the repayment deadline may be extended accordingly. A reasonable repayment time frame, according to Paragraphs 3.3 and 3.4, shall be provided for the repayment of funding loans.
3.12 Within a period of three years following the repayment of the first loan installment, the applicant may apply for a new loan for the story and the project development or for production in the amount of capital and interest repaid (success loan). The success loan may be granted if the applicant’s project promises a film worthy of being funded based on the criteria of quality and economic potential. It must be used in its entirety in Bavaria. The recommendation for the granting of the success loan is made by the general management. Project funding may also be granted in addition to the success loan by the Allocation Committee. Success loans will not be granted for the repayment of loans from earmarked funds.
3.13 All premiere screenings of funded films shall take place in Bavaria. The general management may make an exception if the level of Bavarian funding is less than the amount of other federal state funding.
3.14 Funded theatrical films may not be released for commercial exploitation on television in German-speaking countries until one year after the beginning of the usual period of screenings in cinemas. This term may be reduced by the general management upon written application by the producer.
3.15 In the case of theatrical films, it is required that a copy of the funded film must be made available free of charge to the Federal Archive for archival purposes before disbursement of the final installment. All films funded according to Paragraph 3 must provide FFF Bayern a DVD or Blu-ray copy of the film, free of charge.
3.16 It is required that the opening or final credits of the films funded based on these guidelines must include a mention of the fact that funds were made available by FFF Bayern.
4. FUNDING OF OTHER INNOVATIVE AUDIOVISUAL PROJECTS AND IMMERSIVE AUDIOVISUAL CONTENT
4.1 In order to strengthen the creative potential of the film and media industry and the development of a diverse cultural landscape in Bavaria as a media location, producers and filmmakers are to be given the opportunity to break new ground in terms of content while at the same time maintaining special quality. For this reason, other innovative audiovisual projects intended for alternative, generally non-linear reception (e.g. web series) and immersive audiovisual content (e.g. 360-degree videos and virtual reality projects) can be funded as follows:
4.1.1 A conditionally repayable and interest-bearing loan can be granted for the production of web series. The loan can be up to 60 % of the production costs, but not more than 50,000 Euros per project. The applicant must provide an appropriate contribution of his/her own, of which at least 2.5 % must be own funds. The amount of the grant should be spent entirely in Bavaria.
4.1.2 For virtual reality formats such as VR experiences and 360-degree videos, the following applies:
– A conditionally repayable, interest-free loan can be granted for the project development of VR formats. The loan can amount to up to 70 % of the project development costs, but not more than 25,000 Euros per project. The applicant must provide an appropriate contribution of his/her own. The funding amount should be used as far as possible in Bavaria.
– A conditionally repayable and interest-bearing loan may be granted for the production of VR formats. The loan can amount to up to 60 % of the production costs, but not more than 75,000 Euros per project. The applicant must make an appropriate contribution, of which at least 2.5 % must be own funds. The amount of the grant should be spent entirely in Bavaria.
4.2 For loans referred to in Paragraphs 4.1.1 and 4.1.2, second indent, disbursement shall be made in installments according to the progress of the project. Otherwise, Paragraphs 3.10, 3.11, 3.12, 3.15 and 3.16 shall apply respectively.
4.3 Paragraphs 2.4.4, 2.4.5 and 2.4.6 shall apply respectively to Paragraph 4.1.2. first indent.
5. DISTRIBUTION AND WORLD SALES FUNDING
5.1 Distribution and world sales companies may be granted conditionally repayable and interest-bearing loans for the distribution and sales of theatrical films, particularly for those funded in Bavaria.
5.2 The loan may amount to 50 % of all documented preliminary distribution or sales costs, but not exceeding 205,000 Euros. If distribution or sales measures are being funded by a variety of funding institutions, the grants should not exceed 50 % in total. The 50 % limit for the accumulated funding can be exceeded for distribution or sales measures for films according to Paragraph 1.3.10 Item 3. In these cases, a grant may be awarded instead of a loan.
5.3 At least the amount granted as a loan is to be utilized in Bavaria, according to Paragraph 3.8, Item 2.
5.4 Loans are to be repaid from the shares of distribution proceeds which the applicant would be entitled to after first defraying the advanced distribution or sales costs indicated in the loan agreement but not financed from public funding, and, if applicable, after defraying the granted distribution or sales guarantee. The applicant’s liability is limited to the proceeds received for the funded film. The obligation of repayment terminates five years, the payment of interest 18 months, following the German premiere of the funded film or five years following the first commercial exploitation through a different medium in Germany. Applicants, who have fully repaid the loan, may receive funding exceeding the maximum stipulated in Paragraph 5.2 for their next project.
5.5 To expand existing markets and develop new markets for Bavarian producers, grants may be awarded for appropriate projects (e.g. advertising activities in connection with Oscar or Golden Globe nominations or for the participation at internationally recognized film festivals) as part of the distribution and world sales funding.
5.6 Paragraphs 3.13, 3.14 and 3.16 apply accordingly. Upon request, a DVD or Blu-ray copy of the film must be made available to FFF Bayern.
6. FUNDING OF CINEMA PROGRAMS AND INVESTMENTS
6.1 Within the funding framework of the supervisory board, premiums may be granted to Bavarian commercial cinemas which have presented a film program of outstanding quality during the last twelve months, with an appropriate share of German films and children’s films (including short films). In individual cases, especially innovative projects furthering structural improvements or the cooperation between Bavarian cinemas may also be funded.
6.2 Funding may be awarded from budgetary resources of the Free State of Bavaria for investments by operators of commercial cinemas located in Bavaria who make themselves liable to the Voluntary Regulation/Film Classification Board (FSK), as follows.
6.2.1 Funding may be granted for:
– investments in the modernization and improvement of cinemas not exceeding an investment sum of 2.5 million Euros. Should total costs (structural measures, film-specific technical equipment and facilities) exceed 2.5 million Euros, only the investments in terms of film-specific technical equipment and facilities will be considered as eligible expenditures. Should total investment costs for film-specific technical equipment and facilities exceed 2.5 million Euros, the project shall be deemed not eligible.
– in exceptional cases, the moving of existing enterprises or establishing new ones.
Items acquired with these granted funds must be utilized for their originally intended purpose for a period of five years.
6.2.2 The funding is granted as a subsidy of up to 30 %, but no more than 100,000 Euros (in the case of the establishment of new cinemas 250,000 Euros) of the eligible expenditures. Private services cannot be considered as eligible expenditures.
6.2.3 The subsidy is to be granted as project funding by way of share-based financing.
To an appropriate degree, the applicant is to provide private funding or other funds or financing in accordance with his/her personal capital assets, cash resources and revenues. Applicants cannot be considered for funding, if the amount of the potential financial assistance is deemed economically insignificant with regard to their capital assets and revenues or the cost of the project. Projects with potential eligible expenditures not exceeding 5,000 Euros will not be considered for funding.
6.2.4 The general management shall make its recommendations based on Paragraph 6.2 within the framework of the funds specially allocated for that purpose by the Free State of Bavaria. The recommendation for the granting of film funding expires if work has not begun on the project twelve months after the announcement of the funding recommendation. The beginning of the project is considered to be the placing of the first orders. The funding must have been completely utilized within 18 months, at the latest, after announcement of the amount to be funded has been made; otherwise, the remaining funds will expire.
7. OTHER FUNDING MEASURES
7.1 For other projects which aid in the promotion of Bavaria as a media location, the general management may grant subsidies within the funding framework laid out by the Supervisory Board.
7.2 Bavarian film festivals of supra-regional importance can be supported with subsidies from the Free State of Bavaria. The management decides on the funding recommendation in consultation with the Free State of Bavaria in accordance with the funding principles.
8.1 Loans, grants and premiums are awarded by LfA Förderbank Bayern (LfA) Königinstrasse 17, 80539 Munich upon recommendation by FFF Bayern GmbH, Sonnenstrasse 21, 80331 Munich.
8.2 To receive funding, an application must be submitted. All applications must be submitted on the standard forms and online portal made available by FFF Bayern.
8.3 In principle, applications can only be submitted once to the Allocation Committee. FFF Bayern may refuse to accept applications for which documents relevant to the decision are missing. If FFF Bayern accepts applications, they will be submitted to the Allocation Committee for decision.
8.4 Applications must be filed by the deadlines stipulated by the general management.
8.5 ALLOCATION COMMITTEE
8.5.1 The Allocation Committee is elected by the supervisory board of FFF Bayern in accordance with its statutes. When appointing members to the Allocation Committee, a balanced ratio of women and men must be ensured. The Allocation Committee is chaired by the management of FFF Bayern.
8.5.2 The Allocation Committee has reached a quorum enabling it to make decisions if at least two thirds of its members are present.
8.5.3 Recommendations by the Allocation Committee must be endorsed by two thirds of the members present. Exceptions to these guidelines are possible in circumstanced exceptional cases if all members present are in unanimous agreement.
8.5.4 The committee members are free and autonomous and not bound to any orders or directions. Committee members are sworn to secrecy regarding the contents of the applications as well as of their deliberations and recommendations. Members of the Allocation Committee may not participate in deliberations and recommendations concerning issues or applications pertaining to either themselves or members of their family.
8.5.5 The Allocation Committee makes grant recommendations based on a case-by-case basis. As to the total extent of its recommendations, the Allocation Committee is limited to the budgetary means available for this purpose.
8.5.6 In urgent or time-sensitive cases, the managing director has the right to expedite proceedings and make decisions on individual recommendations. In such instances, the managing director must inform the members of the Allocation Committee about such decisions during the subsequent meeting.
8.6 LfA makes its decisions for funding based on the recommendations by the relevant bodies of FFF Bayern and handles the disbursement of funds. LfA draws up the respective loan or grant agreement with funding recipients. FFF Bayern will inform the applicants immediately about the decision of their grant recommendations.
8.7 Based on Paragraphs 2.4, 3, 4 and 5, cost calculations and financing plans of applications which are recommended for funding by the Allocation Committee are audited either by the LfA or by an appointed auditor or auditing company.
Should the audit give rise to any doubts as far as the calculation or financing plan are concerned, LfA may refer the particular application back to FFF Bayern for resolution, if necessary.
8.8 For the awarding of funding for international co-productions, a special committee may be formed, upon approval by the supervisory board, which will be convened at short notice – at the latest, four weeks after the submission of a complete application. Documentation for this special committee may also be submitted in the English language.
8.9 With the approval of the supervisory board, a special committee may be formed to award grants for other innovative audiovisual projects and immersive audiovisual content.
Loans granted by LfA for production, distribution and world sales are to be secured in an appropriate manner. For each funded film, the loan recipients shall assign guaranties to the royalties under the terms of a special security agreement (pursuant to Section 15 and following of the Copyright Act) on behalf of LfA or its appointed trustee; or they shall transfer their claims arising from contracts signed for the commercial utilization of the films, particularly their claims to revenues from commercial exploitation; moreover, any claims arising from any and all insurance agreements shall be transferred.
10. CONFIRMATION OF USE OF FUNDS
Confirmation of the use of disbursed loans or grants shall be furnished to the LfA or its appointed trustee, who shall oversee the proper application of funds. In the case of multiple funding, the LfA may agree on a joint review with other funding institutions.
The processing fee to be paid by the loan recipient shall be determined and defined in mutual consensus between LfA, FFF Bayern and the Free State of Bavaria.
The data specified in the application and the supplementary documents submitted are subsidy-relevant according to Section 264 of the Criminal Code in conjunction with Section 2 of the Bavarian Subsidy Act of July 29, 1976 (Federal Law Gazette BGB II page 2037) and Article 1 of the Bavarian Subsidy Act dated December 23, 1976 (Federal States’ Law Gazette GBB I page 586).
The Free State of Bavaria grants funding in compliance with the general budgetary provisions, especially Sections 23 and 44 BayHO (Bavarian Budgetary Regulations) and the administrative regulations issued in connection therewith. The relevant provisions – so far as these guidelines do not contain any deviating ruling and special regulations of the Film Funding Law cannot be applied – will be incorporated in the contracts between the LfA and funding recipients. In particular, the assumption of Nr. 3 ANBest-P is excepted.
Support in accordance with these guidelines is excluded if other support is provided by the Free State of Bavaria.
The Bavarian Supreme Audit Office is entitled to audit the grant recipients.
These guidelines are effective as 1 January 2019 and valid until 31 December 2021.
This translation is not legally binding. Solely the original German version is legally binding.