Law on the Second Agreement of 16. August 1960 between the Federal Republic of Germany and the United States of America on certain matters arising from the purging of German dollar bondsNon-official Table of Contents
Date of expiry: 26.04.1961
" Act to the Second Agreement of 16. August 1960 between the Federal Republic of Germany and the United States of America on certain matters arising from the purging of German dollar bonds in the Federal Law Gazer Part III, outline number 4139-4, published revised version "
(+ + + text-proof validity from: 1.1.1964 + + +) unofficial table of contents
type 1 consent to the Agreement
To the one in Bonn on 16. August 1960, signed Second Agreement between the Federal Republic of Germany and the United States of America on certain matters arising from the purging of German dollar bonds is agreed. The Agreement shall be published below. Non-official table of contents
Type 2 Implementing Regulations to the Agreement
(1) For dollar bonds, which are listed in the list of Article I (1) of the Agreement , the provisions of the Thirteenth Implementing Regulation on the Cleanup Act for German Foreign Bonds (Final Administrative Tax) of 10 are applicable. November 1959 (Bundesgesetzbl. 682) provided that the administrative levy on the evicting procedure to be paid by the exhibitors in accordance with Article 1 of this Regulation amounts to four of the hundred of the amount of the tax; for dollar bonds listed in the list under point 1 , the administrative levy shall be payable by the guarantors.(2) In the case of dollar bonds listed in the list referred to in paragraph 1 above, the provisions of the International Bonds Compensation Act of 10 shall apply. March 1960 (Bundesgesetzbl. 177) on the understanding that the obligation to provide compensation to persons entitled to compensation (Article 5 (1) of the International Bonds Compensation Act) two months after the date of expiry of the registration period, but not at the earliest two months after the date of submission of the rules of the Garanten begins. Non-official table of contents
Art 3 bankruptcy laws
(1) About the assets of legal entities within the scope of this law Persons who are on the 8. May 1945 is based in the German Reich within its borders of 31 May 1945. However, if the conditions of Section 238 (2) of the Act are not subject to a commercial establishment or a general place of jurisdiction, a bankruptcy proceedings shall also take place in December 1937, even if the conditions of the Bankruptcy rules are not given. The court has exclusive jurisdiction in the proceedings in which the property is located.(2) The provisions governing the use of the debtor by reason of his liabilities until further notice shall remain unaffected.(3) The costs of the cleanup, which are from the issuers of foreign bonds in accordance with § § 63, 64 of the German Cleansing Act for German Foreign bonds of the 25. August 1952 (Bundesgesetzbl. 553) shall apply in the event of the opening of bankruptcy via the assets of the exhibitors as mass costs within the meaning of Section 58 (2) of the Conkursordnung. Non-official table of contents
Art 4 Admission of fixed-position humour
(1) Foreign bonds, for which according to § § 4, 37 of the The eviction law for German foreign bonds is subject to a notice of determination, can be filed retrospectionally if the failure of the application deadlines (§ 37 para. 2 in connection with § 21 para. 1 of the eviction law for German Foreign bonds) are not based on their own gross negligence on the part of the signon. If an earlier application has been refused for a period of time-limit, the application may be repeated under the condition set out in the first sentence.(2) Compensation claims arising from statements of detention which are granted to a subsequent application in accordance with paragraph 1 cannot be asserted insofar as this is detrimental to the compensation claims in accordance with § § 52 to 54 of the Eviction law for German foreign bonds would lead. They are excluded in so far as their consideration would entitle the exhibitor pursuant to § 53 (2) or § 54 (2) of the Cleanup Act for German foreign bonds to a reduction; a exclusion of the right of reduction according to § 6 para. 1 of the Foreign bonds-compensation law remains disregarded.(3) For the compensation claims referred to in paragraph 2, the provisions of the International Bonds Compensation Act shall apply to compensation claims arising out of notice of arrest, with the exception of § § 6, 9 and with the proviso that the obligation to provide services shall be subject to the obligation to provide compensation for the compensation of the At the earliest two months after the legal force of the notice of arrest begins; § 13 of the International Bonds-compensation Act applies accordingly. Nonofficial table of contents
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Art. 6 Rules for debt securities denominated in German currency
(1) For debt securities issued by the exhibitors mentioned in the list of Article I (1) of the Agreement, before the 9. Article 27 of the Third Law amending and supplementing the Securities Reunification Act of 16 May 1945, issued in German currency, apply in German currency in May 1945. November 1956 (Bundesgesetzbl. 850) shall apply to securities settlement laws with the following measures:
- As far as shall be determined by the date of its entry into force, shall be replaced by the date of entry into force of this Act.
- Bonds, for which are not issued with a delivery certificate, shall be deemed to be force-free within the scope of this Act. Delivery certificates may no longer be issued from the date of publication of the final declaration by the Board of Securities Resettlement Board.
- For the purging of debt securities issued by the exhibitor mentioned in the directory under point 1, the guarantors referred to in the list shall be deemed to be Exhibitor.
- A credit institution may be designated as a test site within the scope of this law.
- The responsibilities that depend on the issuer's seat under the Securities Cleansing Act are determined by the seat of the Examination Office.
- The bonds are valid for the evicting process as due within the meaning of § 1 of the Second Act amending and supplementing the Securities Purification Act; § § 11, 12, 13, 19 of the Second Law amending and supplementing the Securities Cleansing Act shall not apply.
(2) For debt securities issued by the issuer referred to in the list under point 1, the following shall also apply: the provisions of the Third Law amending and supplementing the Securities Cleansing Act by way of post-notification.(3) The Federal Government may, by means of a decree law which does not require the consent of the Federal Council, apply the provisions of this Article to before the 9. The debentures of other legal persons issued in German currency may be extended to 8 May 1945. May 1945 is based in the German Reich within its borders of 31 May 1945. In December 1937, the conditions for a clean-up have not been fulfilled for their debt securities. A regulation pursuant to the first sentence of the first sentence may be adopted only if the value of the assets held by the issuer is determined within the scope of this Act, the scope of which makes it necessary to provide evicting measures or, if the measures are to be adjusted, , for other reasons, are economically viable. The legal regulation must stipulate that the date of entry into force of this Act shall be replaced by the date of entry into force of the Regulation referred to in paragraph 1 (1). Non-official table of contents
Art 7 Land Berlin
This law is also applicable in the Land of Berlin, provided that the Land Berlin determines the application of this law. Legal orders issued pursuant to this Act shall apply in the Land of Berlin in accordance with Section 14 of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1). Non-official table of contents
Type 8 Entry into force
(1) This law enters into force with the exception of Articles 2, 4, and 5 on the day after it is announced.(2) Articles 2 and 5 shall enter into force on the same date on which the Agreement enters into force.(3) Article 4, insofar as it relates to the subsequent granting of notices of arrest for types of foreign bonds, as the country of their own in the list of foreign bonds (annex to section 1 (1) of the German Bonds Law for German Foreign bonds, supplemented by § 1 of the First Implementing Regulation on the Cleanup Act of 21. February 1953-Bundesgesetzbl. 31) the United States of America is indicated, at the date referred to in paragraph 2, and in force at the date referred to in paragraph 1.(4)