Fifth implementing regulation on the eviction law for German foreign bonds (administrative levy and the exhibitor's obligation to supply the company's advance payment)

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AuslWBGDV 5

Date of completion: 28.07.1953

Full quote:

" Fifth implementing regulation on the eviction law for German foreign bonds (the administrative levy and the exhibitor obligation of the exhibitors) in the adjusted version published in the Bundesgesetzblatt part III, outline number 4139-2-5, which , most recently, Article 2 (5) of the Law of 12 August 2005 (BGBl. 2354).

Status:

Last amended by Art. 2 sec. 5 G v. 12.8.2005 I 2354

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 

  

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 § § 58, 64, 65 of the German Bonds Act of August 25, 1952 (Bundesgesetzbl, Germany), the German Foreign Service Act (Bundesgesetzbl. 553), with the approval of the Federal Council, the Federal Government decrees:

Section I
Administrative levy

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Section 1 Administrative discharge for the general evicting procedure

(1) The exhibitors of foreign bonds shall be required to pay three out of the thousand of the provisional amount (paragraphs 2, 3) as a deposit on the administrative levy (§ 64 of the law). (2) The nominal amount of the amount of the provisional tax amount shall be the nominal amount of the issued foreign bonds under deduction

a)

the pieces which had already been tilted under the conditions of the law on the conditions of entry into force of the law;

b)

the pieces, which were in the possession of the conversion fund on 8 May 1945 according to the documents of the German foreign debt conversion fund (settlement office) or which were then repaid according to these documents from the conversion fund (tillation depots);

c)

the pieces, which were in the possession of the Deutsche Golddiskontbank on 8 May 1945 according to the documents of the Deutsche Golddiskontbank (escrow administration);

d)

the pieces which have been recognized by collective recognition (§ § 13, 55 to 58 of the law).

(3) The nominal amount calculated in accordance with paragraph 2 shall be converted into Deutsche Mark subject to the following rates:

100 hfl.	=	110.60 DM
100 ffrs.	=	1.20 DM
100 Lire	=	0.60 DM
100 skr.	=	81.20 DM
100 sfrs.	=	96,-DM
1 Pound	=	11.80 DM
$1	=	4.20 DM.

The following conversion rates shall apply to foreign bonds which have a gold-based debt or gold-clause debt:

100 bfrs.	=	11.60 DM
100 hfl.	=	168.80 DM
100 ffrs.	=	16.40 DM
100 Lire	=	22.20 DM
100 skr.	=	112.60 DM
1 Pound	=	20.40 DM.

(4) (5) The exhibitors may recover the amounts paid in accordance with paragraph 1, in so far as they exceed the amounts to be paid in accordance with the final settlement or where they have subsequently been recognised by a collection recognition. Unofficial table of contents

Section 2 Administrative tax for the collection recognition procedure

(1) For the collection recognition procedure (§ § 13, 55 to 58 of the Act), the exhibitors shall be required to pay one thousand of the nominal amount of the items whose collective recognition they apply for as an administrative levy. The nominal amount of the items is to be converted into Deutsche Mark in accordance with § 1 paragraph 3. (2) The exhibitors may reclaim the amounts paid in accordance with paragraph 1, insofar as they submit the application for collective recognition before the decision of the Federal Minister of Finance (§ 57 (1) of the Act). Unofficial table of contents

Section 3 Collection of the administrative levy

(1) In respect of the amounts to be paid in accordance with § § 1, 2, the Office for Securities Cleansing shall issue a payment notification against the exhibitors after the entry into force of this Regulation, in the case of § 2 after the application for a collective recognition has been issued. an application for a collective recognition without an indication of unit numbers is made, the payment notification must be issued as soon as the exhibitor has referred to the pieces, whose collection recognition he requests. The provisions of the Administrative Delivery Act shall apply to the delivery of the payment date. (2) The payments shall be made to the Federal Office within one month of the date of delivery of the payment date. One third of the amounts paid shall be returned by the Federal Office without delay to the country in which the exhibitor has its registered office; if the exhibitor is entitled to a claim for repayment pursuant to Section 1 (5) or (2) (2), the country shall have the right to repay the amount of the amount paid. (3) The amounts to be paid by the exhibitors shall, at the request of the Office for securities settlement by the financial offices, be reimbursed in accordance with the provisions of the Levy regulations and their secondary laws. (4) The exhibitors are against the In accordance with the rules governing the appeal procedure, the Office for Securities Settlement shall decide on the right of appeal. The jurisdiction of the financial courts shall be determined on the basis of the seat of the exhibitors.

Footnote

(+ + + § 3 (1) sentence 1, para. 3 and Paragraph 4, sentence 1, half-sentence 2: See. V v. 8.5.1964 4139-1-7 + + +) Unofficial table of contents

§ 4 Liberation

The federal government, the Länder and the conversion fund for German foreign debt are exempt from payments in accordance with § § 1 and 2.

Section II
Exhibitor's advance obligation

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§ 5 Advance obligation

(1) At the request of the competent foreign agents, the exhibitors of foreign bonds shall have the payments made by the international authorized persons pursuant to § 63 (5) sentence 1, para. 6 of the law for their account, advances in the amount of (2) The exhibitors may reclaim the amounts paid pursuant to paragraph 1, insofar as they are the payments made pursuant to section 63 (5) sentence 1, paragraph 6 for their invoice. , and as soon as it is established that a further claim for reimbursement of Expenses are no longer to be expected. Unofficial table of contents

§ 6 Collection of advances

(1) For the purposes of the collection of advances, Section 3 (1), (3) and (4) shall apply mutatis mutualinsofar as it does not relate to the collection recognition procedure. (2) The advances shall be made to the competent authorities within one month from the date of delivery of the payment notification. To pay foreign agents.

Section III
Common rules

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§ 7 Validate of the Tax Code

The general provisions of Part Two of the Tax Code shall apply mutatily, unless otherwise specified. Unofficial table of contents

§ 8 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 9 Entry into force

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