The law on compensation under the Law on Outstanding Assets (Compensation Act-Deg)Non-official table of contents
Date of departure: 27.09.1994
" Compensation Act in the version of the Notice of 13. July 2004 (BGBl. I p. 1658), most recently by Article 1 of the Law of 23. May 2011 (BGBl. I p. 920) "
|:||Recaught by Bek. v. 13.7.2004 I 1658;|
|last modified by Art. 1 G v. 23.5.2011 I 920|
For details, see the Notes
(+ + + text certificate: 1.12.1994 + + +)
The G was referred to as Article 1 G III-19-6-1 v. 27.9.1994 I 2624 (EALG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 13, first sentence, of this G entered into force on 1 December 1994. Non-official table of contents
§ 1 Principles of compensation
(1) Is returned under the law governing open property (asset law) (Section 4 (1) and (2), Section 6 (1) sentence 1 and § 11 (5) of the Property Law) or has chosen the right to compensation (Section 6 (7), Section 8 (1) and Section 11 (1) sentence 2 of the Property Law), there is a right to compensation. The claim for compensation is fulfilled by the allocation of transferable debt securities of the compensation fund (§ 9), which are from 1. In January 2004, six of the hundred will be discounted annually. The interest rates are due on a yearly basis, for the first time on 1. January 2005. The bonds will be issued in 2004 in five equal annual instalments by draw-for the first time at 1. January 2004- After the 31. The amount of compensation fixed in December 2003 shall be determined by the amount of cash received from the 1. January 2004 shall be discounted until the calendar month prior to the date of notification of the date of the date of publication. The interest rate shall be 1. January 2004 monthly 1/2 of the hundred. The interest shall be fixed by means of the compensation and in the case of deduction of the compensation of the burden by the decision in accordance with Article 8 (4). Claims for the release of a consideration in accordance with § 7a (1) of the Property Law and damages according to § 13 of the Property Law as well as claims for impairment pursuant to § 7 of the Property Code in the up to 22. The date on which the financial contribution is made shall be applied in accordance with the existing version of July 1992. § 3 of the Compensation Performance Act applies accordingly.(1a) In the event of the confiscation of assets situated in the territory of accession, the right to compensation shall also be the decision of a foreign court if, in respect of the deprivation of liberty associated with the decision, an indemnity Certificate pursuant to § 10 para. 4 of the prisoner assistance act has been issued.(2) Paragraph 1 shall also apply if the asset excluded from the retransmission pursuant to Section 3 (2) of the Property Law had acquired the asset in a redwise manner. Paragraph 1 shall also apply to beneficiaries (Section 18b (1) sentence 1 of the Property Law) of previous rights in rem on land, the lack of return of the asset or the return of the property, or the return pursuant to Section 6 of the Property Law, not again is justified and not replaced. Where a claim by the beneficiary on which the previous security was based has been fulfilled before the final decision on the claim for compensation has been taken, the right to compensation shall not be entitled to compensation. The final decision on the claim for compensation shall give rise to the claim.(3) No compensation shall be granted for land within the meaning of Section 1 (2) of the Property Law, which has been accepted by property waiver, gift or inheritance in the state's property.(4) Compensation shall not be granted
5.for household, for which the righteous or his or her in
- for private monetary claims within the meaning of § 5, in which: the amount of the damage in accordance with § 245 of the German Burden Balancing Act does not exceed a total of 10,000 Reichsmarks and for which compensation has been granted to the beneficiaries or to their total rights in accordance with the burden-equalisation law. This shall not apply if other losses of assets are also taken into account in the claim amount. The recovery of the burden-balancing act in accordance with § 349 of the Burden Balancing Act is no longer required;
- for losses of assets, in which the sum of the total tax bases 1,000 German marks not achieved, except in the case of amounts received in the accounts;
- for loss of assets, for which the beneficiary or his or her total legal guerrian has already received compensation under a lump-sum compensation agreement of the former German Democratic Republic or the Federal Republic of Germany, or for which it is entitled to compensation under those agreements;
- for an unmoved moving thing,
- for which the proceeds of the proceeds of their recovery have been added to the person entitled or to his or her total rights; for a household item, the exclusion shall apply to the Household board, to which he belongs, provided that the proceeds from the recovery have reached the level of the tax base for household goods;
- which has belonded to a company to which it belongs ;
- for which there is a non-protocol or comparable proof of the sinking, except where, in the event of an assessment of all circumstances, no the reason for the destruction of the destroyed cause
cases of Section 1 (6) of the Property Law, there is a claim for compensation in accordance with the German National Socialist Persecution Compensation Act.
- § 1 para. 3 is in accordance with the decision of the Federal Constitutional Court of 10. October 2001-1 BvL 17/00-(BGBl. 3920), which is incompatible with Article 3 (1) of the Basic Law.
§ 1 (3): In accordance with the decision-making formula, Article 3 (1) of the Basic Law is incompatible with the provisions of Article 3 (1) of the Basic Law. Niche. BVerfGE v. 10.10.2001 I 3920-1 BvL 17/00- Non-official table of contents
§ 2 Calculation of the amount of compensation
(1) The amount of compensation shall be determined according to the tax base (§ § 3 to 5a), of which, if applicable,
- liabilities in accordance with § 3 4,
- received in return or compensation pursuant to § 6,
- the time value of Assets returned under Section 6 (6a) of the Property Act are deducted in accordance with § 4 (4) or
- 4) (4)
- Reductions According To § 7
. The tax base, which is shortened in accordance with points 1 to 4, shall be deducted from the burden of the burden according to § 8.(2) Compensation over 1,000 Deutsche Mark will be rounded down to thousands or the next multiple of a thousand downwards. The conversion to Euro takes place without further rounding.(3) Compensation claims to be fulfilled by debt securities shall become effective as of 1. 1 January 1999 by allocation of a nominal value of EUR 100 or a whole multiple of the debentures denominated in it. Residual amounts remaining open shall be fulfilled by cash payment from the compensation fund. unofficial table of contents
§ 2a Calculation of payment entitlement in the case of a failed bill of liabilities
(1) exceeds the sum of the amounts pursuant to § 2 (1), first sentence, no. 1 to 3, the tax base and, therefore, the creditor's creditor has failed to invoice the liabilities in accordance with Section 3 (4) in whole or in part (failed crediting). Liabilities in accordance with § 3 (4) shall be paid an amount in the amount in which the liabilities still exist, but at the most at the level in which the crediting fails. Pension, Reichs-or Goldmark or comparable currency denominations are to be converted to Deutsche Mark in the ratio of 2 to 1, converted to Euro. Repayment services have already been provided. This right shall be due with the stock of the decision on the amount of the compensation or with access to the declaration of the person entitled to the waiver of the grant of the compensation certificate. By way of derogation from the fourth sentence, the due date shall be due to the first sentence of 1. The Commission shall, at that time, enter into force in December 2005 if the stock of the decision on the amount of the compensation has already taken effect, or if the person entitled to do so has waived the grant of the compensation. The original liabilities pursuant to § 3 (4) sentence 1 shall be extinguisher with the creation of a claim according to sentence 1. In cases of hardship, payment and payment agreements can be made.(2) The private creditors affected by the loss of the security in rem cannot demand compensation in accordance with § 1 para. 2, insofar as their claims are enforceable or they are entitled to claims under the first sentence of paragraph 1.(3) The ordinary courts in whose district the asset returned in accordance with Section 6 (6a) of the Property Law shall be responsible for disputes concerning claims under the first sentence of paragraph 1 shall be the competent courts.(4) § 27 (4) sentence 1 of the Property Law shall apply mutatis-ly to the compensation notice and, in the case of the waived, to the preparation of the compensation certificate by the beneficiary for the waived declaration. Non-official table of contents
§ 3 Tax base of the indemnity of property and agricultural and forestry assets
(1) The basis for the assessment of the indemnity for basic assets, including property ownership, as well as for agricultural and forestry assets, is
- for land and forestry areas 3 times,
- for rental properties with more than two Apartments 4.8fold,
- for mixed plots of land used for more than 50 years of living, 6,4x,
- for business plots, rental properties with two apartments, mixed plots not covered by point 3, single-family homes and other built-up land 7x,
- for unbuilt plots the 20x
of the unit value last detected before the damage; are only partial faces of a property , the reproduction shall be based on the type of use of the total land at the time of the injury. In the case of land for which a repayment is made in accordance with the Regulation on the abolition of the building debt tax of 31 December 2009, July 1942 (RGBl. 501), it is to be added to the unit value. If the repayment amount is no longer known, the unit value shall be increased by one fifth.(2) If a unit value has not been established or is no longer known, but a substitute unit value has been determined in the proceedings under the Evidence Warrant and Arrest Warrant, it shall be the decisive factor. It shall be notified to the competent authority by the compensation administration by means of mutual assistance.(3) Where there is neither a unit value nor a substitute unit value, or changes in the actual conditions of the property have occurred between the time of assessment and the injury, the consideration of which is a deviation of more as a fifth, but at least 1,000 German marks, the Office or the State Office for the regulation of open property issues shall calculate an auxiliary value in accordance with the provisions of the Reichsvaluation Act of 16. October 1934 (RGBl. 1035), as amended by the German Democratic Republic of the Democratic Republic of Germany (German Democratic Republic). September 1970 (Special Pressure No 674 of the Official Journal). The provisions of the second sentence of paragraph 1 shall apply mutatily. In the event of re-admission requirements within the meaning of § 580 of the Code of Civil Procedure, such an auxiliary value shall be formed upon request.(4) Long-term liabilities, which were in economic context or secured to such assets at the time of damage to assets within the meaning of paragraph 1, first sentence, shall be at the level of their valuables at that time. Amount to be deducted. The valuation amount shall be the nominal value of the former right, subject to proof of repayment or other grounds for erasure on the part of the person entitled to pay. This shall apply to liabilities arising from rebuilding loans only if a construction measure to be allocated to the borrowing has led to an increase in the base of the tax. The amount of the deduction amount is determined in accordance with Section 18 (2) of the Property Law. Obligations for recurring services shall be deducted with the capital value in accordance with § § 15 to 17 of the valuation law referred to in paragraph 3. Other conditions in rem shall be taken into account accordingly.(5) Where assets or buildings which do not belong to the owner of the land are included in the unit, equivalent or auxiliary value for agricultural and forestry assets, the value of the total value shall be determined and the value of the value added shall be determined by the value of the value of the value of the value of the value of the value of the value of the value of the in each case separately.(6) For agricultural and forestry assets, Section 4 (4) and Section 8 (6) shall apply accordingly. Non-official table of contents
§ 4 Tax base of compensation for companies
(1) Tax base of compensation for companies, or Shares in enterprises with the exception of agricultural and forestry holdings, up to and including 31. It is 1.5 times the unit value, which was last observed in the main reference period before the injury. If a unit value has not been established or is no longer known, or is the enterprise from 1. A substitute unit value has been determined in accordance with the proof-and-proof-of-evidence law, the value of which is 1.5 times the value of this value; the equivalent value shall be open to the competent State Office for the settlement of open-ended rules. Property issues communicated by the compensation administration by means of mutual assistance. Sentences 1 and 2 shall not apply if there are grounds for re-admission within the meaning of Section 580 of the Code of Civil Procedure and if their consideration in the case of an assessment in accordance with paragraph 2 leads to a value of more than one fifth, but at least 1,000 marks is different from the unit value or the replacement unit value.(2) Where a unit value or a substitute value is not available, it shall be replaced by the difference between the assets and liabilities of the undertaking and those of the total or individual parts of the undertaking and the debt, of the company in economic terms (net assets). The net assets shall be determined on the basis of the balance sheet for the final date of the injury, or any other evidence of final evidence, in accordance with the following measures:
- Operating land as well as mineral extraction rights are to be used with the unit value, the replacement unit value or an auxiliary value in accordance with § 3 (3). Section 3 (4) shall apply accordingly.
- Value-out items for the loss of economic goods in the wake of the war events remain out of approach.
- Exposures, securities and money stocks are to be converted to 1 to 1.
- Other asset-and Circulation capacity shall be taken into account at 80% of the value of the value of the balance sheet in balance sheets or other documents which have been received, provided that it has been in value terms since the 1. January 1952.
- In the case of economic goods referred to in points 3 and 4, operational debts are directly related to the relationship referred to in paragraph 1. .
In so far as there is no direct link between certain economic goods and certain operating debts, the debt is to be attributed in part to the individual economic goods. If the company is entitled to the dissolution of the company and if a share of the company has been managed or transferred to the public property prior to the transfer of the company into national property, this share shall be based on the last balance sheet or for the final date of the date of the injury to be calculated, the proportion of which shall be taken out of the public share at the time of the injury to the undertaking. For the rest of the company's shares, their value shall be determined on the basis of the balance sheet or other evidence submitted for the last cut-off date prior to the transfer of the company into national property. The values determined in accordance with sentences 4 and 5 shall be combined.(2a) In the case of a company with a maximum of ten employees, including members of the family, no more than one operating property, the calculation basis shall be equal to seven times at the request of the person entitled to work. the unit value of the property plus the other operating assets to be assessed in accordance with the second sentence of the second sentence of paragraph 2, point 2 to 5 and the third sentence; paragraphs 1 and 2 shall not be applied in this case.(3) Where a basis of assessment under paragraphs 1 and 2 is not to be determined, it shall be estimated.(4) If, pursuant to Section 6 (6a) sentence 1 of the Property Law, the person entitled has returned individual assets, the value of the assets shall be deducted from the tax base for the compensation of the company at the time of return. This is to diminish the value of the debt acquired under Section 6 (6a), second sentence, of the Property Law. If the beneficiary is entitled to the proceeds of the sale or the right to payment of the transport value as a result of legal provisions or contractual agreements instead of the return of individual assets pursuant to § 6 (6a) of the Assets Act or the claim for payment of the traffic value, the Sentences 1 and 2 accordingly. Non-official table of contents
§ 5 Tax base of compensation for claims and property rights
(1) Tax base of the compensation of private monetary claims, e.g. B. Account balances, mortgage-backed receivings, deposit amounts and business assets of cooperatives which have been expropriated by being paid to the state budget shall be subject to the second sentence of the ratio of 2 to 1 on Deutsche Mark the booked amount at the time of the injury. For amounts shown in Reichsmark, § 2 para. 2 of the Compensation Performance Act applies if the injury is before the 24. It was made in June 1948. Is that in the case of the repeal of the state administration or the 31. The amount shown in December 1992 shall be higher, unless the increase stems from the sale of an asset which has now been transferred back to the person entitled to the asset. A retroactive return does not take place. Public-law liabilities, which were incurred before the inadministration, subsequently incurred inheritance tax as well as private-legal liabilities, in particular maintenance debts of the account holder, remain deducted. For unpaid account balances, the tax base of the compensation shall be equal to the corresponding difference.(2) Up to 31 In accordance with the available funds of the compensation fund, the amount of compensation fixed in December 2003 will be fulfilled up to the amount of 10,000 Deutsche Mark in money.(3) Claims from after the 23. In the case of the German Federal Reserve, or Mark of the German Federal Reserve, or Mark of the German Democratic Republic, life insurance is to be calculated at 50 percent of the repurchase value, which is denominated in the German Federal Reserve, Mark of the German Federal Reserve. If a repurchase value cannot be shown at the time of the intervention, the basis of assessment shall be a ninth of the amounts paid in Reichsmark or one third of the amounts paid in Mark of the Deutsche Notenbank.(4) Claims arising from the use of funds and from rights to pensions, old parts as well as other recurring uses and benefits are to be applied with the capital value in accordance with § § 15 to 17 of the valuation law referred to in § 3 (3).(5) Industrial property rights, copyrights and related rights are to be compensated with the amount which, on the basis of the average annual income and the actual period of utilisation after the injury, is the capital value after § 15 of the valuation law referred to in § 3 (3). Non-official table of contents
§ 5a Tax base of compensation for movable property.
(1) Tax base of compensation for movable property Things are the value of the item converted to Deutsche Mark in the ratio of 2 to 1 at the time of the deprivation. The price-law provisions of the German Democratic Republic are decisive. If the value cannot be determined in accordance with the second sentence or in paragraphs 2 or 3, it shall be estimated.(2) The tax base for household goods is 1,200 Deutsche Mark. Household items are the totality of all movable property intended for personal, private life, including furniture, electrical and mechanical appliances, clothes, household linen, and all movable property in an apartment, including the adjoining rooms. Tableware and porcelain, leather and fur wares, carpets, clocks, writing utensiles, wall decorations, bicycles (household items). Do not belong to the household board:
- Motor vehicles,
- Collections, art and luxury items, as well as a love-making object,
(3) The basis for the assessment of motor vehicles at the age of the vehicle at the time of withdrawal of
|20 and more Years||500|
| 5-9 years||2,000|
|3-4 years|| 2.500|
|0-2 years||3,000||Germans Mark.|
For motorcycles and scooters, the tax base is one-half, for small and light-weight wheels a quarter; for trucks of three tonnes and more, it is increased by a quarter.(4) The ceiling of the sum of the taxable amount for all movable property of a person entitled to be compensated shall be 40,000 Deutsche Mark.(5) Compensation shall only be granted if the loss of movable property is demonstrated by a written document drawn up in a time-related relationship with the injury.(6) Before the 22. On the request of 22 September 2000, a final procedure for rejecting a right to compensation for movable property on grounds of impossibility of retransmission has been completed. March 2001 may be re-accessed. Non-official table of contents
§ 6 Invoice of a compensation received or compensation.
(1) If the person entitled to benefit has the right to receive compensation, the person entitled to the agreement shall be entitled to In the case of an asset or its general interest in respect of the asset to be compensated for a consideration or compensation, the amount of the interest, including interest, shall be taken into consideration in the light of the conversion ratio of two Mark the German Democratic Republic to a German mark from the base of the tax. This does not apply if the compensation or compensation to the right of disposal or in the cases of § 2 para. 4 of the Administrative Law Rehabilitation Act the compensation has already been issued to the compensation fund or to be released. If the compensation or compensation is not, or only partially, allocated to the beneficiary, a shareholder or their total rights, this shall be taken into account in the determination of the deduction amount; amounts which shall be Legal liabilities of the beneficiary, such as maintenance debts, loan receivables, non-discriminatory fees or taxes, shall be deemed to have been paid to him.(2) Where the person entitled is a legal person or a civil society of commercial law and the consideration or compensation has been granted to a shareholder, the person concerned shall be deemed to be the beneficiary for the purposes of crediting I. Non-official table of contents
§ 7 Calling amounts
(1) exceeds the sum of the sum of the tax base and deductions as per § § 3 (4), 4 (4) and 6 (6) the amount of 10,000 Deutsche Mark, the compensation shall be reduced by the following amounts:
- the 10,000 German mark over-the-top, up to 20,000 Deutsche Mark-reaching 30 percent of the hundred,
- the 20,000 German mark over-the-top, up to 30,000 Deutsche Mark-reaching 40 percent of the hundred,
- the 30,000 German mark over-the-top, up to 40,000 Deutsche Mark-reaching 50 percent of the hundred,
- the 40,000 Deutsche Mark overrising, up to 50,000 Deutsche Mark reaching 60 percent by the hundred,
- the 50,000 German mark over-the-top, up to 100,000 Deutsche Mark-reaching 70 percent of the hundred,
- the 100,000 Deutsche Mark surmounting amount, up to 500,000 Deutsche Mark, by 80 percent by the hundred,
- the 500,000 Deutsche Mark overrising amount, up to 1 million Deutsche Mark, by 85% of the hundred,
- the 1 million German mark over-the-top, up to 3 million German mark-reaching amount by 90 of the hundred,
- the amount surpassing 3 million Deutsche Mark by 95 percent of the hundred.
(2) Has a right to compensation or compensation after the amount of the compensation The Equalization Performance Act for a number of assets, paragraph 1 shall apply to the sum of these assets. The reduction will be made in the following communication. Where an asset is to be compensated for which, at the time of withdrawal, a number of beneficiaries are entitled to fractions or to the whole of the hand, paragraph 1 shall be applied separately to each of the shares. In the case of a number of rightholders of a beneficiary, they shall be entitled only to their share in the compensation paid in accordance with paragraph 1.(3) Where the reduction referred to in the first sentence of paragraph 2 has been maintained, in particular on account of the responsibility of different offices or national offices for the regulation of open property matters, the competent authority which has last decided shall set the total amount of compensation for compensation . Non-official table of contents
§ 8 Compensation for the deduction of burden-sharing
(1) If the beneficiary is or is entitled to the asset law, the person entitled to pay compensation shall be entitled to In the case of total compensation for assets to be compensated for principal compensation under the burden-compensation law, the authority shall issue a decision on the assessment basis, which is abbreviated in accordance with § 7. A reduced tax base, notified to the compensation administration or determined by the authority referred to in the first sentence, shall be deemed to be compensation in cash within the meaning of Section 349 (3) of the Act on Equalisation of the Burden Compensation.(2) The Federal Compensation Office has two months after the assets of the defendant in accordance with paragraph 1, an amount equivalent to the reduced tax base minus a provisionally estimated return amount according to § 349 of the Last compensation law in advance for payment; at the same time, the person entitled to this will receive interest from the first. 1 January 2004 to the calendar month of notification of the date of notification referred to in paragraph 1. The recovery amount is estimated by the competent authority of the compensation administration in accordance with Article 312 (2), second sentence, of the Burden-Equalisation Act, on the basis of the main compensation. Payment shall be made subject to the recovery of the difference referred to in the second sentence of paragraph 5.(3) Has the compensation management before the 1. The competent compensation office or the Land Compensation Office shall determine the recovery amount determined in accordance with the provisions of the German Burden Balancing Act by a notice of the recovery of the refund. If the compensation management is aware of the 30. The Federal Compensation Office shall determine the amount to be recovered in June 2009. In order to determine the compensation, the Federal Compensation Office shall, in both cases, withdraw the recovery amount from the credited base, which has been finalized, and the difference shall be rounded off in accordance with the first sentence of Article 2 (2). The compensation shall be from 1. 1 January 2004 until the calendar month before the date of notification of the person referred to in paragraph 1.(4) The Federal Compensation Office shall determine the amount of the refund and interest and, in the case referred to in the second sentence of paragraph 3, the amount of the recovery of the recovery by a communication.(5) In accordance with paragraph 4, the amount of compensation and interest shall be charged on the basis of the amount of the advance referred to in paragraph 2. The Federal Compensation Office shall return a difference in the amount of the beneficiary; if the beneficiary is a community, a legal person, a civil society of the commercial law or a family foundation, the person concerned shall be entitled to: In addition, members shall be subject to repayment as a full debtor. The Federal Compensation Office shall pay a difference in favour of the beneficiary, and the person entitled shall receive the interest on the difference between the compensation and the amount referred to in the first sentence of paragraph 2, half-sentence 1 from the calendar month of the announcement. the decision referred to in paragraph 1, until the calendar month prior to the notification of the date of notification referred to in paragraph 4.(6) § 6 (2) shall apply mutatily to the deduction of the burden-sharing.(7) The compensation management is 28. The procedure for the withdrawal of a burden-sharing scheme shall be determined in accordance with the version of this Directive, which has already been notified in accordance with the provisions of the Burden Balancing Act, in May 2011. Law. Non-official table of contents
§ 9 Compensation Fund
(1) Compensation under this Act, compensation in accordance with § § 1 and 2 of the Compensation payments law, compensation according to the NS-persecution compensation law as well as benefits according to the sales tax law are provided from a non-legal special fund of the federal government (compensation fund). The Compensation Fund is a special fund within the meaning of Article 110 (1) and Article 115 (2) of the Basic Law; Article 115 (1), second sentence, of the Basic Law does not apply to the compensation fund. The special assets are to be kept separate from the remaining assets of the federal government, its rights and liabilities. The Federal Government is liable for the liabilities of the compensation fund.(2) The Federal Office for Central Services and Open Property Issues administers the special assets under the supervision of the Federal Ministry of Finance.(3) The special fund may act, sue or be sued under its name in the course of commercial transactions. The general place of jurisdiction for the special assets is Berlin.(4) The compensation fund is entitled to issue debt securities through registration in the Bundesschuldbuch (Bundesschuldbuch). The output of pieces is excluded for the entire duration of the project.(5) Bonds of the compensation fund shall be equal to those of the Federal Government. The debt of the compensation fund shall be administered in accordance with the principles applicable to the general federal debt.(6) The compensation fund is entitled to purchase debt securities in accordance with § 1 (1) sentence 2 for the purpose of market care of up to ten of the hundreds of the revolving debt securities.(7) The bodies responsible for the issuance or management of the debt securities shall be entitled to submit to the authorities responsible for the implementation of the law, for purposes of control, information on the debt securities allocated; where there is evidence of double performance or overpayment, in particular on the grounds of dismissal of a reduction pursuant to § 7 or a deduction in accordance with § 8.(8) The Federal Ministry of Finance is authorized, by means of a legal regulation, to give details of the performance of the claim for compensation and of the procedure (such as: B. Begiveness and design of debt securities, interaction of the parties involved, cash payment of residual amounts in the changeover to euro) to be regulated. Non-official table of contents
§ 10 Revenue of the compensation fund
(1) The compensation fund is to be deducted:
- from the Treuhandanstalt 3 billion Deutsche Mark from its divestment redeeming. The Federal Ministry of Finance shall fix the flat-rate annual amounts, taking into account the financial requirements of the compensation fund;
- 50 of the hundred of the Total value of the financial assets in trust management of the federal government pursuant to Article 22 (1) of the agreement, due in annual rates according to the proceeds from the sale of property. The Federal Ministry of Finance shall determine the level of the rates;
- of local authorities or other public administration institutions, e.g. B. Social security, train, post, 1.3-fold prior to the injury of the last fixed unit value of land which is due to membership of its administrative assets under Article 21 of the Unification Treaty according to § § 4 and 5 of the Asset law is not restitutable or that is not restituted because of the choice of compensation;
- which is based on § 19 para. 2 of the Westasset settlement act Assets managed by the President of the Federal Compensation Office of former public credit institutions having their head office in the accession area;
- not Assets in the area of the former Office for the Legal Protection of the Property of the German Democratic Republic and transfers of the deposit offices in accordance with § 4 (2) of the Debt Book Purification Act;
- Value equalization pursuant to § 7 of the Property Law and countermeasures or compensation to be issued in accordance with § 7a (2) sentence 4 of the Asset Law;
- Revenue in accordance with Section 11 (4) of the Assets Act and other unclaimed assets, which are up to 31 December 2008. In December 1992, under the state administration, the owner or proprietor was not informed according to the public offer in accordance with § 15 of the Basic Book Purification Act. Non-claimed assets within the meaning of the first sentence shall also be the rights to which the non-known or untraceable co-owners or co-owners are entitled. § § 1936, 1964 and 1965 of the Civil Code and Section 369 of the Civil Code of the German Democratic Republic of 19. June 1975 (GBl. N ° 27 p. 465) are not applicable. A bid procedure is not required if the disposal proceeds or the value of the other unclaimed assets does not reach the amount of 1,000 Deutsche Mark;
- Recourse Claims to State Managers pursuant to Section 13 (3) of the Property Law;
- exposures in accordance with Section 18b (1) of the Property Law as well as the redemption shares arising from disposals pursuant to § 16 (1) of the Investment Priority Act, which is not the person entitled to If you have a third party or a private third party;
- from 1. Return flows collected in accordance with Section 349 of the German Burden Equalization Act (LGG);
- Disposal proceeds from the sale of formerly volkseigenem ground and soil after the 27. July 1990 to the holders of rights of use for home ownership and charges for the use of former fully-owned land and land by the holders of rights of use for home ownership, if the retransmission according to § 4 of the Property Law excluded or due to the choice of compensation. For divestitures, which are after the 17. At least the purchase price at the time of sale in accordance with § 68 of the Law on the Law of the Law;
- Assets, which according to § 1b of the Property Allocation Act, as amended by Article 16 (4) of the Register Procedure Acceleration Act, to be assigned to the compensation fund;
- Grants from the federal budget from 1. January 2004.
A claim of the beneficiaries against the compensation fund for the recovery of its revenue does not exist.(2) In order to bridge any possible liquidity shortfalls, the Federal budget can provide interest-free liquidity loans in accordance with the respective budget. The repayment to the federal government will take place on income surpluses. For details, see the Federal Ministry of Finance.
§ 10: Neucaptured by Bek. v. 13.7.2004 I 1658 &; § 10 para. 1 sentence 1 no. 7 sentence 2: Gem. BVerfGE v. 21.7.2010 I 1195-1 BvL 8/07-compatible with Art. 14 para. 1 sentence 1 GG to the extent that the rights of co-inherit are affected Non-official table of contents
§ 11 Management of the compensation fund
(1) The revenue and expenditure of the compensation fund shall be entered in an economic plan for each financial year. The economic plan shall be in balance in revenue and expenditure.(2) The Federal Ministry of Finance shall, at the end of each accounting year, draw up the annual accounts for the compensation fund and shall attach them as an annex to the federal budget accounts. The annual accounts must show in a clear manner the stock of special assets, including assets and liabilities, as well as the receipts and expenses.(3) The obligation of the compensation fund to pay fees to the Federal Government, the Länder, the municipalities (municipal associations) and public bodies shall apply to the rules generally applicable to federal authorities.(4) The costs for the management of the compensation fund shall be borne by the Federal Government. Non-official table of contents
§ 12 Jurisdiction and procedure
(1) The provisions of the Property Law shall apply to the implementation of this Act. accordingly. Article 32 (4) sentence 1 of the Property Law does not apply to decisions taken pursuant to this Act. Section 32 (1) of the Property Law shall not be applied to the decision to be taken in accordance with Section 8 (4). If a claim for the retransmission of the property has been dismissed from the grounds of Section 3 (2) of the Property Law, the Office, Landesamt or Federal Office for Central Services and Open Property Issues shall decide upon request by the Concerned about his claim for compensation pursuant to § 1 para. 2 sentence 1. Subject to sentence 4, the application may only be made by the end of the sixth month following the entry of the force or legal force of the decision under the property law (exclusion period). The application deadline shall expire at the earliest with the end of the sixth month following the entry into force of the law.(2) In the cases of Article 10 (3), (7), (8), (9) and (11), the bodies responsible for the decision on compensation shall, as representatives of the compensation fund, determine the amount to be deducted from the pledge by means of an administrative act in relation to the pledge. The compensation fund may set the amount to be deducted. The amount to be deducted pursuant to Article 10 (1), first sentence, no. 3 shall be fixed within five years of the stock of the decision on the amount of the compensation, provided that the decision before the 16. by 31 December 2004, at the latest by 31 December 2004. December 2009. In the case of § 10 (1) sentence 1 no. 8, this applies accordingly to the entry of the stock of the decision on the granting of damages in accordance with Section 13 (2) of the Property Law.(3) If, pursuant to Section 10 (1) No. 11, there is a duty to pay the proceeds of the sale or the remuneration for use to the compensation fund, the compensation fund has immediately concluded the contract to the compensation fund. . The obligation to provide information shall also be subject to charges for the use of former fully-owned land by the holders of the right to use the land. The amount to be deducted in accordance with Article 10 (1), first sentence, No. 11 shall be fixed within five years from the date of receipt of the notification in accordance with the first sentence or the second sentence of paragraph 1, provided that the communication before the 16. The Commission shall, at the latest by 31 December 2004, December 2009.