Fourth Ordinance on the Cleanup Act for German Foreign Bonds (France)

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

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Fourth Ordinance on the Cleanup Act for German Foreign Bonds (France)

Unofficial table of contents

AuslWBGDV 4

Date of completion: 10.07.1953

Full quote:

"Fourth implementing regulation on the eviction law for German foreign bonds (France) in the adjusted version published in the Bundesgesetzblatt part III, outline number 4139-2-4,"

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

On the basis of section 23 (5), section 35 (2) and section 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 listed in the list of foreign bonds (Section 1 (1) of the Law) or included in the list (Section 1 (2) of the Law), including the subsidiary documents. (2) For the purposes of this Regulation, the term "foreign agent" refers to the foreign agent appointed for France pursuant to Article 8 (1) of the Act and to one for the purposes of the the permanent representative appointed him pursuant to Section 8 (7) of the Act.

Footnote

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

§ 2 Deposit of the Bonds

In France, a deposit of foreign bonds in accordance with Section 23 (2) of the Act is only admissible in the case of 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. Unofficial table of contents

§ 3 Procedure in the application

The registration form shall be used for the application, which shall be made available by the foreign agent. Unofficial table of contents

§ 4 Legal Arbitration Court

(1) In accordance with Section 35 of the Law for France, an arbitral tribunal shall be established for the investigation of the negative decisions of the foreign agent. The arbitral tribunal shall be based in Paris. (2) The arbitral tribunal shall consist of three arbitrators, of a presiding judge and two co-sewers. 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 made public 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, the case of his disability to appoint a representative. In the case of the representatives, paragraph 2 shall apply. (4) The Federal Minister of Finance may revoke the appointment of the arbitrators if they grossly violate their official duties. § 77 of the Act shall apply mutatily. Paragraph 2 shall apply for the appointment of a successor. Unofficial table of contents

§ 5 Procedure before the legal arbitral tribunal

(1) The application for a arbitration decision shall be submitted in writing to the foreign agent. Five copies must be attached to the application. (2) The foreign agent shall issue a copy of the examination office, the issuer, the trustees and the payment agent, together with the invitation to give him their opinion within two months. after delivery. The foreign agent may extend this period on request, but not more than three months. After the expiry of the time limit laid down, the foreign agent shall forward the application to the arbitral tribunal, together with the delivery evidence, 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 of the reasons which led him to reject the application. (4) The arbitral tribunal shall decide by a majority of votes in free appraisal of the whole content of the proceedings and of the The result of a taking of evidence on the question as to whether the conditions required by the law for the recognition of the declared foreign bond by the foreign agent are available. (5) The arbitral tribunal shall issue its decision to the Foreign plenipotentiaries and the applicant. The Foreign Agent shall inform the Examination Office, the issuer and the trustees and payment agents of the decision. Unofficial table of contents

§ 6 deliveries

In accordance with the law or in accordance with this Regulation, it is possible in France pursuant to Section 70 (2) of the Law to be brought about by registered letter against receipt of a certificate. Unofficial table of contents

§ 7 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 8 Entry into force

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