Second implementing regulation on the eviction law for German foreign bonds (United States of America)

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AuslWBGDV 2

Date of completion: 07.03.1953

Full quote:

"Second implementing regulation on the eviction law for German foreign bonds (United States of America) in the revised version published in the Bundesgesetzblatt part III, outline number 4139-2-2"

Footnote

(+ + + Text proof applicable: 1.1.1964 + + +) 

  

This provision shall not apply in accordance with the territory referred to in Article 3 of the Agreement. L. I chap. IV Sachg. A Sect. I N ° 9 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 964 Unofficial table of contents

Input formula

Pursuant to section 8 (6), § 9 (5), § 23 (5), § 24 (4), § 35 (2) and § 76 of the German Bonds Act of 25 August 1952 (Bundesgesetzbl). I p. 553), the Federal Government is responsible for: Unofficial table of contents

§ 1 Scope and definitions

(1) This Regulation shall cover all securities of the type mentioned in the list of foreign bonds (Section 1 (1) of the Law) or included in the list (Section 1 (2) of the Law), including those listed in the list of foreign bonds (§ 1 (2) of the Act) issued interest, share, renewal and reference certificates and other side certificates (§ 5 of the Act), to the extent that the United States of America is indicated as the country of the country of origin (hereinafter referred to as "Dollarbonds"). (2) For the purposes of this Regulation the term "foreign agent" refers to the term of office for the United States of America In accordance with Section 8 (1) of the Act, the United States appointed international agents as well as the permanent representatives of the foreign representative appointed in accordance with Section 8 (7) of the Act.

Footnote

Section 1 (1) italics: unfounded empowerment Unofficial table of contents

§ 2 Deposit of the Bonds
(Section 23 (2) to (5) of the Law)

(1) The deposit of dollar bonds in accordance with Article 23 (2) to (5) of the Act is only permitted in the United States of America, subject to paragraph 2, only in the case of the Bank designated by the Federal Minister of Finance (General Deposit Office). As a General Deposit Account, the Federal Minister of Finance shall designate a bank based on the laws of the United States of America or of one of its States, its principal place of business in the City of New York in the State of New York , and whose capital, including reserves, is at least $100 million. The Federal Minister of Finance may, at its discretion, discontinue the provision of the General Deposit Office and appoint another Bank, which corresponds to the conditions laid down in the second sentence, as the General Filing Office. (2) The Federal Minister (3) The General Deposit Authority and any special provisions of the Financial Regulation may, in the case of certain types of dollar bonds, be able to designate the payment agents as the deposit (special deposit) in place of the General Deposit. (3) The Federal Gazette (Bundesanzeiger) and the Government of the United States. Unofficial table of contents

§ 3 Purge
(Section 9 (5) of the Law)

(1) The duties of the foreign agent, with the exception of those arising from § 18 (1), 2, § 33 (2), § 63 (5) of the Law, are hereby incorporated by the Agreement between the Federal Government and the Government of the Federal Republic of Germany pursuant to Section 9 (5) of the Law. United States of America of 27 February 1953 entrusted to the United States (hereinafter referred to as "the Cleanup Office") to the United States (hereinafter referred to as "the Clean-up Office") of the German Bonds The eviction point may be assigned to one of its members with certain tasks. (2) For the procedure prior to the clean-up, § 9 para. 3 of the law applies mutatily, insofar as this regulation does not determine anything else. Unofficial table of contents

§ 4 Content of the application and evidence
(§ § 22, 24 of the Law)

(1) The registration form shall be used for the application, which shall be made available by the eviction office. (2) The declarant shall deposit all the interest certificates at his disposal with the dollar bond declared. If he also deposits the last of the interest certificates due before 1 January 1940, he does not need to provide any further evidence at the time of the application. (3) The applicant cannot have the interest coupon referred to in the second sentence of the second sentence of paragraph 2. , he shall attach to the application documents which are suitable to prove that the registered bond was situated outside the territories referred to in § 3 (2) sentence 1 of the law on 1 January 1945. In this regard, it should consider the following:

1.

If the applicant has acquired the Bond before 1 January 1945, he shall provide a certificate issued by a bank, a securities broker or a securities dealer, which certify that the applicant is the bond from the bank, the broker or to the trader or its litigation or through the intermediary of the trader before 1 January 1945, or that the bond shall be held by the Bank, the broker or the trader or their legal guerriors before or on 1 January 1945 for the applicant in Custody was.

2.

If the applicant is unable to provide the certificate referred to in paragraph 1 or if he has acquired the Bond after 1 January 1945, he shall provide the documents (including declarations of third persons) which he or she considers to be the the best evidence available to him.

(4) In the event that the applicant does not make available the interest certificate referred to in the second sentence of paragraph 2 or the document referred to in paragraph 3 above, he shall issue his own affidavit with the following information:

1.

the date of purchase by the applicant of the bond,

2.

Type of purchase (e.g. purchase, inheritance, gift),

3.

the name and address of the person from which he acquired the Bond, or of the broker or other intermediary by means of which such acquisition has been effected,

4.

the place in which the Bond was held on 1 January 1945 and the name and address of the person who had been in custody at that time,

and, if the applicant has acquired the Bond after 1 January 1945,

5.

Names and addresses of all persons who have been in possession or custody of the Bond since 1 January 1945, and the places where he has been in possession since that date.

(5) The powers of the clean-up office to investigate and to require further evidence from the applicant (Article 24 (3) of the Law) shall not be affected by the provisions of paragraphs 2 to 4. (6) If the applicant is to comply with the provisions of the In accordance with paragraphs 2 to 5, and where the eviction point does not give any reason to doubt the information provided by the notifier in his application, the declared foreign bond shall be recognised. Unofficial table of contents

§ 5 Procedure after notification
(§ 24 para. 2, 3, § 27 (2) of the Law)

(1) Upon receipt of the application, the Cleanup Office shall take the measures required by Section 24 (2) of the Act. (2) The Office of the Cleanup shall be responsible for the eviction of the powers referred to in Article 24 (3) sentence 2 or sentence 3 of the Act. Where use is made, it shall require the notifier to submit the evidence or information within three months of the date of receipt of the request. It must extend this period or grant a renewed deadline if the applicant is seeking sufficient reason to do so. (3) As soon as the eviction body considers the documents to be sufficiently complete, it shall be recognised as having regard to the recognition of the In any case, it shall take the decision within six months of the date of notification, unless the specific circumstances of the individual case preclude a decision within that period. (4) In no case shall the recognition shall be refused without prior notification of the notifying party to the applicant of the He was informed of the facts and evidence against him and gave him the opportunity to comment on it. Paragraph 2 shall apply. (5) If the eviction body arranges the return or release of a recognised dollar bond (Article 27 (2) sentence 2 of the Act), it shall cause the bond to be in steel or otherwise falsified. , unless the applicant has requested the exchange of the bond against a new bond before that order and that the new Bond is available to the applicant at the time of the order for delivery. Unofficial table of contents

§ 6 Legal Arbitration Courts
(§ 35 of the Law)

(1) An arbitral tribunal shall be established for each of the twelve Federal Reserve districts of the United States of America for the reexamination of decisions to be taken by the eviction body. (2) Each of these arbitral tribunals shall be for applications by those Applicants who have a residence or a branch office in their district. The Court of Arbitration for the Federal Reserve District of San Francisco is also responsible for applications by applicants who have a domicile or establishment in the Pacific Territories or possessions of the United States, and the Arbitration Tribunal for the Federal Reserve District of New York for applications filed by applicants who have no domicile or establishment in any of the Federal Reserve counties or in the Pacific Territories or possessions. (3) Each of these Arbitration tribunals consist of three arbitrators, one presiding judge and two side-seaters. One of the co-sitters must have the right to practize the attorney in the district concerned or in part of that district. An arbitrator may belong to several arbitral tribunals, subject to the second sentence. (4) The arbitrators shall be appointed by the Federal Minister of Finance as soon as there is a need or the Government of the United States Searches. The first sentence of Section 77 (1) of the Act is applicable to the appointment. The nomination shall be made known in the Federal Gazette and in the manner designated by the Government of the United States. (5) The Federal Minister of Finance may revoke the appointment of an arbitrator if he/she has his or her duties Grossly violating. The first sentence of Section 77 (1) of the Act is applicable. Paragraph 4 shall apply to the appointment of a successor. (6) The Federal Minister of Finance shall have the power to make contractual arrangements with each of the arbitrators on his or her references. The referrals are based on the number and extent of the cases raised by the arbitral tribunal concerned. (7) The arbitral tribunals do not charge any fees or expositions from the parties. (8) The application for arbitration is a decision of the arbitral tribunal. in the case of the clean-up. The application shall be accompanied by five copies. The eviction body shall each submit a copy of the examination office, the issuer, the trustees and the payment agent, with the invitation to submit their possible opinion to it within two months of the notification. The office of clean-up may extend this period upon request, but not more than three months. After the expiry of the period, the eviction body shall forward the request to the competent arbitral tribunal, together with the certificates of delivery, the comments received, their own opinions and their documents. (9) The arbitral tribunals shall be forwarded to the Court of Arbitration. may collect evidence to the extent that they consider it necessary. (10) The arbitral tribunals shall take their decisions by decision of their two co-sitters, if they agree. If they do not agree, they shall submit the matter to the presiding judge whose decision in this case shall be the decision of the arbitral tribunal. (11) The arbitral tribunals shall submit their decision to the eviction authority and the applicant. The eviction point notifies the examination office, the issuer and the trustees and payment agents of the decision. (12) In addition, the arbitral tribunals determine their procedure at their discretion. Unofficial table of contents

§ 7 deliveries
(§ 70 of the Law)

(1) The provisions of this Regulation shall be made by registered letter against receipt. (2) Other provisions in the United States shall be made in the same manner as a result of the law. Unofficial table of contents

§ 8 auxiliary certificates
(Section 5 (1) of the Law)

The recognition of a dollar bond shall extend to the interest, share, renewal and reference certificates issued for this purpose, as well as other side certificates of the same unit number, even if these secondary documents are not submitted. Unofficial table of contents

§ 9 Land Berlin

According to § 14 of the Law on the Position of the Land Berlin in the financial system of the Federal Government (Third Transfer Act) of 4 January 1952 (Federal Law Gazette). 1) in conjunction with Section 78 of the Act, this Regulation shall also apply in the Land of Berlin. Unofficial table of contents

Section 10 Entry into force

This Regulation shall enter into force on the day following that of its announcement.