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 implementation regulation for the clean-up act for German foreign bonds (France) AuslWBGDV 4 copy date: 10.07.1953 full quotation: "Fourth implementing regulation to the clean-up act for German foreign bonds (France) in the adjusted version published in the Federal Law Gazette Part III, outline number 4139-2-4," footnote (+++ text detection from validity: 1.1.1964 +++) this provision shall not apply in the area referred to in article 3 of the Unification Treaty gem. appendices I Cape. IV Sachg. A section I no. 9 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 964 input formula on the basis of § 23 para 5, § 35 par. 2 and of section 76 of the clean-up act for German foreign bonds from August 25, 1952 (Bundesgesetzbl. I S. 553) the Federal Government enacted: § 1 scope and definitions (1) this regulation extends itself on all securities of the listed in the directory of foreign bonds (§ 1 para 1 of the Act) or a supplement (article 1 para 2 of the law) in the directory recorded species including the supporting documents (section 5 of the Act), as far as France as the issuing country is specified.
(2) for the purposes of this regulation, the expression "the foreign representative" means the for France according to section 8, paragraph 1, of the law of ordered foreign agents, as well as a permanent representative appointed for him according to § 8 section 7 of the Act.
Footnote § 1 para 1 italic: Nonrepresentational authorization section 2 deposit the bonds a deposit of foreign bonds after section 23 paragraph 2 of the Act is allowed in France only by a paying agent competent for the registered bond. The power of the foreign agent, to admit a derogation according to section 23, paragraph 4, of the law in a particular case shall remain unaffected.

§ 3 registration for the registration form to uses procedure, which is provided by the foreign agent.

§ 4 ablehnender legal arbitration (1) for the review decisions of the foreign agent establishes a Court of arbitration according to section 35 of the Act for France. The Tribunal has its seat in Paris.
(2) the arbitral tribunal shall consist of three arbitrators, namely of a Chairman and two assessors. The Chairman and an associate are on a proposal from the National Association of French value paper owners (Association nationale of the porteurs Français de valeurs mobilières) appointed by the Federal Minister of finance. The second assessor appointed under by analogy with application of section 77 of the Act, the Federal Minister of finance. The appointment will be published in the Federal Republic in the Federal Gazette and in France in a newspaper to label by the National Association of French value paper owners.
(3) for each referee is for the case of his disability to appoint a representative. Paragraph 2 shall apply mutatis mutandis for the representative.
(4) the Minister of finance may revoke the appointment of the referee if they grossly violate their duties. section 77 of the Act shall apply mutatis mutandis. Paragraph 2 shall apply to the appointment of a successor.

§ 5 (1) statutory arbitration proceedings is the request for arbitration be submitted in writing to the foreign agent. Five copies of the application shall be attached.
(2) the foreign representative delivers the exhibitors, the Trustees and the paying agents with the prompt a copy of the inspection body, him to submit their possible observations within two months after the delivery. The foreign agents can prolong this period on request, but not more than three months. After the expiry of the time limit, the foreign agents communicated the request the Tribunal together with the delivery documents, the comments received about, its own opinion and its documents.
(3) the Tribunal may charge evidence if it considers this necessary. It can hear especially the foreign agent about the reasons that have led to the refusal of the application.
(4) the Tribunal decides by a majority in free appreciation of the entire contents of the procedure and the result of evidence on the question of whether there exist the conditions required by the law for the recognition of registered foreign bonds by the foreign agent.
(5) the Tribunal makes its decision the foreign agent and the applicant. The foreign agent notifies the testing laboratory, the issuer and the trustee and paying agents of the decision.

§ 6 delivery deliveries can be effected under the Act or under this regulation in France under section 70, paragraph 2, of the Act by registered letter against acknowledgement of receipt.

7 section Bundesland Berlin according to section 14 of the Act on the position of the State of Berlin in the financial system of the Federation (third reconciliation law) of January 4, 1952 (Bundesgesetzbl. I p. 1) in conjunction with section 78 of the Act applies this legal regulation also in the Federal State of Berlin.

Article 8 entry into force this regulation enters into force on the day after its promulgation.