Fourth Implementation Regulation For The Clean-Up Act For German Foreign Bonds (France)

Original Language Title: Vierte Durchführungsverordnung zum Bereinigungsgesetz für deutsche Auslandsbonds (Frankreich)

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Fourth Implementing Regulation to the Cleanup Act for German Foreign Bonds (France)

Non-official table of contents

AuslWBGDV 4

Date of issue: 10.07.1953

Full quote:

" Fourth Implementing Regulation on the German Foreign Bonds Act (France) in the revised version "

Footnote

(+ + + TextProof validity: 1.1.1964), published in the Federal Law Gazan Part III, Section No. 4139-2-4"

Footnote

 + + +)

This provision does not apply in 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

introductory formula

On the basis of section 23 (5), section 35 (2) and § 76 of the eviction law for German foreign bonds issued by the 25. August 1952 (Bundesgesetzbl. I p. 553) decrees the Federal Government: Non-official table of contents

§ 1 Scope and definitions

(1) This Regulation extends to all securities of the kind listed in the list of foreign bonds (§ 1 (1) of the Law) or in the case of a supplement (section 1 (2) of the law) included in the list, including the subsidiary documents (§ 5 of the law), to the extent that: France is indicated as a country of begion.(2) For the purposes of this Regulation, the term "foreign agent" shall mean the foreign agent appointed for France pursuant to section 8 (1) of the law and a permanent representative appointed for him pursuant to section 8 (7) of the law Representative.

Footnote

§ 1 para. 1 Italic: Uncommon empowerment Unofficial table of contents

§ 2 Deposit of Bonds

One The deposit of foreign bonds in accordance with Section 23 (2) of the Act is only permitted in France with a paying agent responsible for the registered bond. The power of the foreign agent to allow a derogation in accordance with Section 23 (4) of the Act in individual cases shall remain unaffected. Non-official table of contents

§ 3 Registration procedure

The application is to be used by the embassy's foreign representative to register for the application. It is made available. Non-official table of contents

§ 4 Legal Arbitration Court

(1) For the investigation of negative decisions of the International Plenipotentiary, the following decisions are taken: Section 35 of the Law for France set up an arbitral tribunal. The Court of Arbitration shall have its seat in Paris.(2) The arbitral tribunal shall consist of three arbitrators, consisting of a presiding judge and two consitters. The chairman and a co-sitter shall be appointed by the Federal Minister of Finance on a proposal from the National Association of French Securities Owners (Association Nationale des Porteurs Francais de Valeurs Mobilieres). The second co-sitter is appointed by the Federal Minister of Finance under the appropriate application of Section 77 of the Act. The nomination is published in the Federal Republic of Germany in the Federal Gazette and in France in a newspaper to be recorded by the National Association of French Securities Owners.(3) For each arbitrator, a representative shall be appointed in the event of his disability. Paragraph 2 shall apply mutatily to the representatives.(4) The Federal Minister of Finance may revoke the appointment of the arbitrators if they are violating their official duties in a grossly violable way. § 77 of the Act shall apply mutatily. Paragraph 2 shall apply for the appointment of a successor. Non-official table of contents

§ 5 Procedure before the legal arbitral tribunal

(1) The application for a arbitration ruling is the case with the Empowered to submit in writing. The application shall be accompanied by five copies.2. The foreign agent shall submit a copy of the examination office, the issuer, the trustees and the payment agent with the invitation to submit their possible opinion within two months after the notification. The foreign agent may extend this period on request, but not more than three months. Upon expiry of the time limit laid down, the foreign agent shall forward the application to the arbitral tribunal, together with the evidence of delivery, the comments received, his own opinion and his documents.(3) The arbitral tribunal may collect evidence to the extent that it deems it necessary. It may, in particular, hear the foreign representative on the grounds that have led him to refuse the application.(4) The arbitral tribunal shall decide with a majority of votes in free appreciation of the entire content of the proceedings and of the result of a taking of evidence on the question whether the conditions required by the law for the recognition of the notified Foreign bonds are available through the foreign agent.(5) The arbitral tribunal shall make its decision to the foreign authorised representative and the applicant. The Foreign Agent shall inform the Examination Office, the issuer and the trustees and payment agents of the decision. Non-official table of contents

§ 6 deliveries

deliveries in accordance with the law or under this Regulation can be made in France pursuant to § 70 (2) of the The law is brought about by registered letter against receipt. Non-official table of contents

§ 7 Land Berlin

According to § 14 of the law on the status of the Land Berlin in the financial system of the federal government (third party) Transfer Act) of 4. January 1952 (Bundesgesetzbl. 1) in conjunction with Section 78 of the Act, this Regulation shall also apply in the Land of Berlin. Non-official table of contents

§ 8 Entry into force

This Regulation enters into force on the day after it is announced.