Fifth Regulation To The Clean-Up Act For German Foreign Bonds (Administrative Fee And Advance Commitment Of Exhibitors)

Original Language Title: Fünfte Durchführungsverordnung zum Bereinigungsgesetz für deutsche Auslandsbonds (Verwaltungsabgabe und Vorschußverpflichtung der Aussteller)

Read the untranslated law here: http://www.gesetze-im-internet.de/auslwbgdv_5/BJNR007170953.html

Fifth regulation to the clean-up act for German foreign bonds (administrative fee and advance commitment of exhibitors) AuslWBGDV 5 copy date: 28.07.1953 full quotation: "fifth regulation to the clean-up act for German foreign bonds (administrative fee and advance commitment of the exhibitor) in the in the Federal Law Gazette Part III, outline number 4139-2-5, adjusted version published, most recently by article 2 paragraph 5 of the law of August 12, 2005 (BGBl. I p. 2354) has been changed" stand : Last modified by article 2 paragraph 5 G v. 12.8.2005 I 2354 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1977 +++) 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 §§ 58, 64, 65 of the clean-up act for German foreign bonds from August 25, 1952 (Bundesgesetzbl. I S. 553) the Federal Government with the consent of the Federal Council decreed: section I administrative fee section 1 administrative fee for the General clean-up procedure (1) the issuer of foreign bonds three of the thousands of the provisional amount of assessment have as tee-off on the administrative fee (section 64 of the Act) (paragraphs 2, 3) to be paid.
(2) as provisional tax amount is the nominal value of the issued foreign bonds, after deduction of a) the pieces, which were already paid according to the terms and conditions upon entry into force of the Act;
b) of the pieces, which were according to the records of the conversion fund for German external debts (processing center) on May 8, 1945 the conversion Fund owns or which were provided according to these documents by the conversion fund repayment (repayment of deposits);
c) the pieces, which were according to the records of the German gold discount Bank (trust management) on 8 May 1945 the German gold discount Bank owns;
d) of the pieces by collective recognition (sections 13, 55 to 58 of the Act) have been recognized.
(3) the amount calculated in accordance with paragraph 2 is subject to the set 2 according to following rates Deutsche mark: 100 hfl.
= Ffrs 110.60 DM-100.
= 1,20 DM 100 lire = $0.60 100 skr.
= 81,20 DM-100 sfrs.
= 96,-DM 1 pound = 11,80 DM $1 = 4.20 DM.
For foreign bonds, representing a debt based on a gold basis or with a gold clause, the following conversion rates shall apply: 100 bfrs.
= 11.60 DM 100 florins.
= Ffrs 168,80 DM-100.
= 16.40 DM 100 lire = $22.20 100 skr.
= 112,60 DM 1 pound = 20.40 DM. (4) (5) the exhibitor can reclaim the amounts paid pursuant to paragraph 1 insofar as they exceed the amounts payable under the final rules or pieces have been subsequently recognized by collective recognition.

Article 2 administrative fee for the collective recognition (1) for the procedure of recognition of the collective procedure (articles 13, 55 to 58 of the Act) exhibitors as administrative fee shall be paid one of the thousand of the nominal value of the pieces whose collective recognition they apply for. The nominal value of the pieces is to convert according to § 1 paragraph 3 in Deutsche mark.
(2) the exhibitor can reclaim the amounts paid pursuant to paragraph 1, insofar as they have withdrawn the application for recognition of the collection prior to the decision of the Federal Minister of Finance (§ 57 para 1 of the Act).

§ 3 levy the Administration (1) the according to the § § 1, 2 amounts payable shall adopt the Office value paper cleansing against the Exhibitor after the entry into force of this regulation, in the case of paragraph 2 after submission of the application for recognition of collective one payment notification; is an application for collecting recognition without giving any piece numbers, the payment notice is to be issued once the exhibitor has described the pieces, their collective recognition he seeks. The provisions of the Administrative Service Act shall apply for the delivery of the payment notification.
(2) the payments are payable within one month of the notification of the payment notification on the main federal cash. One third of the amounts paid is by the main federal cash immediately to the country to be, in which the exhibitor is established; Recovery entitled the exhibitors according to § 1 section 5 or § 2 para 2, the country the Federal main Treasury has to refund one-third of the amount, the exhibitor will receive back.
(3) the amounts to be paid by the exhibitors are recovered by the tax offices according to the regulations of the tax code and its ancillary laws at the request of the Office value paper cleansing.
(4) appeal to stand against the payment order exhibitors under the rules on the appeal of the tax code; the Office decides on the opposition for value paper cleanup. The financial courts is determined by the seat of the exhibitor.
Footnote (+++ section 3, subsection 1, sentence 1, § 3 u. para 4 sentence 1 half set 2: cf. V v. 8.5.1964 4139-1-7 +++) § 4 the federal exemptions, the countries and the conversion fund for German external debts are exempt from the payments according to §§ 1 and 2.
Section II advance commitment of exhibitors § 5 advance payment obligation (1) to exhibitors of foreign bonds on the payments which are to make par. 6 of the Act on their behalf, advances amounting to five of the thousand of the provisional amount of tax by the foreign agent, and according to § 63 paragraph 5, sentence 1, shall request the competent foreign agent (§ 1 para 2, 3) to be paid.
(2) the exhibitor can reclaim the amounts paid pursuant to paragraph 1 insofar as they 6 on their behalf exceed the payments made according to § 63 paragraph 5 sentence 1, paragraph and once says that more claims for reimbursement of expenses is no longer to be expected.

§ 6 collection of advances (1) for the survey of advances applies Article 3, paragraph 1, 3 and 4, insofar as it does not relate to the process of collective recognition.
(2) the advance shall be paid within one month of the notification of the payment notification to the designated agent of the foreign.
Section III common provisions article 7 validity of the tax code the General provisions of the second part of the tax code shall apply mutatis mutandis, insofar as nothing else is determined.

8 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.

§ 9 entry into force this regulation enters into force on the day following its promulgation.