Law on compensation under the law on the regulation of open property (Compensation Act-Deg)

Unofficial table of contents

DefG

Date of completion: 27.09.1994

Full quote:

" 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. 920).

Status:	New by Bek. v. 13.7.2004 I 1658;
	Last amended by Art. 1 G v. 23.5.2011 I 920

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.12.1994 + + +) 

  

The G was decided as Article 1 G III-19-6-1 v. 27.9.1994 I 2624 (EALG) of 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. Unofficial table of contents

§ 1 Principles of compensation

(1) Is not 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 entitled compensation (Section 6 (7), Section 8 (1) and § 11 para. 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 will be remunerated with six of the hundred annually from 1 January 2004. The interest rates are due on an annual basis, for the first time on 1 January 2005. The debt securities will be redeemed in 2004 in five equal annual instalments by draw-for the first time on 1 January 2004. Compensation for compensation fixed after 31 December 2003 shall be fulfilled by cash, which shall be discounted from 1 January 2004 until the calendar month prior to the date of notification of the date of the date of notification. The interest rate of 1 January 2004 shall be 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 Law in the version valid until 22 July 1992 shall be satisfied by cash performance in accordance with the assets of the decision-making. § 3 of the Compensation Performance Act applies accordingly. (1a) A right to compensation consists in the case of the confiscation of assets situated in the accession territory by a decision of a foreign court also, if with regard to the assets of the (2) Paragraph 1 also applies if the asset excluded from the retransmission according to § 3 para. 2 of the Property Law from the Retransmission had been acquired in a redly 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 previously loaded asset or because of the return pursuant to § 6 of the Property Law 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 granted. The final decision on the claim for compensation shall give rise to the claim. (3) For land within the meaning of section 1 (2) of the property law, which is taken over by property waiver, gift or inheritance in people's property. , no compensation shall be granted. (4) Compensation shall not be granted

1.

for private monetary value claims within the meaning of § 5, in which the amount of the damage does not exceed 10,000 Reichsmarks in accordance with § 245 of the Act on Compensation and for the compensation benefits for the beneficiaries or their total right-to-day pension the burden-balancing act. 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;

2.

for losses in assets where the sum of the tax bases does not reach a total of 1,000 Deutsche Mark, with the exception of amounts of money that have been read out in the accounts;

3.

for the loss of assets for which the person entitled or his or her total subject has already received compensation in accordance with a flat-rate compensation agreement between the former German Democratic Republic or the Federal Republic of Germany, or for which the person entitled to compensation has been paid for that he is entitled to compensation under those agreements;

4.

for a moving moving thing,

a)

for which the proceeds of the proceeds of their recovery have been added to the person entitled or to his total rights; in the case of a household item, the exclusion shall extend to the household household to which he has been entitled, provided that the proceeds from the recovery are the subject of the the amount of the tax base for household goods reached;

b)

who has been part of a company that is to be compensated;

c)

in respect of which there is a protocol of dismissal or a comparable proof of destruction, except where, in the event of recognition of all circumstances, there are overriding reasons for the value of the destroyed cause, irrespective of the proof of extermination;

5.

for household goods for which benefits were granted to the righthed or to his total rights in accordance with the provisions of the law on the law of the last.

(5) In the cases of Section 1 (6) of the Property Law, there is a claim for compensation in accordance with the NS Persecution Compensation Act.
-----

*)

§ 1 (3) is in accordance with the decision of the Federal Constitutional Court of 10. October 2001-1 BvL 17/00-(BGBl. 3920) are incompatible with Article 3 (1) of the Basic Law and void.

Footnote

§ 1 para. 3: In accordance with the decision formula, Article 3 (1) of the GG is incompatible with the law. Niche. BVerfGE v. 10.10.2001 I 3920-1 BvL 17/00- Unofficial table of contents

§ 2 Calculation of the amount of compensation

(1) The amount of the compensation shall be determined on the basis of the tax base (§ § 3 to 5a), from which, if applicable,

1.

Liabilities in accordance with § 3 (4),

2.

received compensation or compensation pursuant to § 6,

3.

the time value of assets returned pursuant to section 6 (6a) of the property law pursuant to § 4 (4) or

4.

Abbreviations in accordance with § 7

is deducted. The tax base, which is shortened in accordance with points 1 to 4, is deducted from the burden of compensation in accordance with § 8. (2) Compensation over 1,000 Deutsche Mark is rounded down to thousands or the next multiple of thousands downwards. The conversion to euro takes place without further rounding. (3) Compensation claims to be fulfilled by debt securities shall be paid as from 1 January 1999 through allocation of a nominal value of 100 euros or a whole multiple thereof. Debt securities are fulfilled. Residual amounts remaining open shall be fulfilled by cash payment from the compensation fund. Unofficial table of contents

§ 2a Calculation of the payment entitlement in case of a failed settlement of liabilities

(1) If the sum of the amounts pursuant to section 2 (1), first sentence, no. 1 to 3 exceeds the tax base and the crediting of the liabilities in accordance with section 3 (4) therefore fails in whole or in part (failed crediting), the person entitled to the calculation shall have the right to Creditors of these liabilities in accordance with Section 3 (4) shall pay an amount equal to 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 beneficiary over the waiver of the granting of the compensation certificate. By way of derogation from the fourth sentence, the due date shall be due on 1 December 2005 if, at that date, the stock of the decision on the amount of the compensation has already been taken or the person entitled to the award of the decision to grant the compensation has already taken the decision. Compensation for compensation has been waived. The original liabilities pursuant to § 3 (4) sentence 1 shall be extinguisher with the creation of a claim according to sentence 1. In case of hardship, 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 again. (3) The ordinary courts in whose district the asset returned pursuant to Section 6 (6a) of the Property Law shall be responsible for disputes over claims under the first sentence of paragraph 1 shall be the responsibility of the ordinary courts. (4) Section 27 (4) sentence 1 of the Property Law shall apply to the compensation notice as well as in the case of the waived of the preparation of the compensation certificate by the beneficiary for the waived declaration accordingly. Unofficial table of contents

§ 3 Tax base of the indemnity for property and agricultural and forestry assets

(1) The basis for the assessment of the indemnity for basic assets, including property, as well as for agricultural and forestry assets, is:

1.

in the case of agricultural and forestry areas, 3 times,

2.

in the case of rental housing plots with more than two apartments, 4,8fold,

3.

in the case of mixed plots of land used for more than 50 of the hundreds of residential purposes, 6.4 times,

4.

in the case of business premises, two-apartment rental properties, mixed land not covered by point 3, single-family houses and other built-up land plots, 7fold,

5.

in the case of unbuilt real estate, 20 times

of the unit value which was found last before the injury; if only partial areas of a property are to be compensated, the duplicator shall be determined on the basis of the type of use of the total land at the time of the injury. In the case of land for which a repayment amount is required under the Regulation on the cancellation of the building debt tax of 31 July 1942 (RGBl. 501), it is to be added to the unit value. If the amount of repayment is no longer known, the unit value must be increased by one fifth. (2) A unit value has not been established or is no longer known, but in the proceedings under the law on the protection of evidence and the law on the provision of evidence. If a substitute unit value has been determined, it shall be the decisive factor. It shall be notified to the competent authority by the compensation authority by means of mutual assistance. (3) If there is neither a unit value nor a substitute unit value, or between the time of assessment and the injury, there are no changes in the the actual conditions of the property, the consideration of which results in a deviation of more than one-fifth, but at least 1,000 Deutsche Mark, the Office or the State Office for the regulation of open property issues shall calculate a Auxiliary value according to the provisions of the Reichsvaluation Act of 16. October 1934 (RGBl. 1035), as amended by the German Democratic Republic's valuation law of 18 September 1970 (Special Pressure No 674 of the Official Journal). The second and third sentences of paragraph 1 shall apply mutatily. In the event of remission reasons 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 at the time of damage with assets within the meaning of the first sentence of paragraph 1, are to be made in the event of damage. are to be deducted at the level of the amount which is to be valued at that time, or were secured in rem on such assets. 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. (5) In the case of property, replacement or auxiliary value for agricultural and forestry assets, assets or buildings owned by the owner of the land and land are included in the (6) In the case of agricultural and forestry assets, Section 4 (4) and (8) (6) shall apply mutas to the value of the total value. Unofficial table of contents

§ 4 Tax base of compensation for companies

(1) The basis for the assessment of the compensation to undertakings or shares in undertakings other than agricultural and forestry holdings which have been expropriated up to and including 31 December 1952 shall be 1.5 times the amount of the compensation for undertakings or shares in the undertaking concerned. The main reference period prior to the injury last recorded unit value. If a unit value has not been established or is no longer known, or if the enterprise has been expropriated from 1 January 1953, and a substitute unit value has been determined in accordance with the law on the protection of evidence and the determination of the determination of the evidence, the value of the unit shall be 1.5 times this value; the equivalent value shall be communicated to the competent State Office for the settlement of open property matters 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 not less than 1,000 marks is different from the unit value or equivalent unit value. (2) If there is no unit value or equivalent value which can be used, it shall be calculated on the basis of the difference between the assets and liabilities of the undertaking and those of the debt, with the whole or individual parts of the undertaking in the economic context (reassets). The net assets shall be determined on the basis of the balance sheet for the final date of the injury or any other evidence which has passed the final date, in accordance with the following measures:

1.

Operating land and mineral extraction rights shall be used with the unit value, the substitute unit value or an auxiliary value in accordance with section 3 (3). Section 3 (4) shall apply accordingly.

2.

Promotional items for the loss of economic goods in the wake of the war events remain out of approach.

3.

Claims, securities and money stocks are to be revalued at a ratio of 1 to 1.

4.

Other equipment and circulatory assets shall be taken into account at 80 per cent of the value of the balance sheet in balance sheets or other documents which have been received by the court, provided that they relate to value terms since 1 January 1952.

5.

The ratio referred to in points 3 and 4 in the case of industrial property in direct relation to the assets referred to in points 3 and 4 shall be reduced.

To the extent that there is no direct link between certain economic assets and certain operating debts, the debt is to be attributed in part to the individual economic assets. 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 proof-of-evidence documents 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 are to be combined. (2a) The operating assets of a company with a maximum of ten employees, including members of the family, are no longer considered to be an operating base. Application by the beneficiary to determine the basis of assessment with the seven-fold unit value of the land 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 of paragraph 2, paragraphs 1 and 2 of this Article shall be not to be applied. (3) If a tax base under paragraphs 1 and 2 is not to be used, (4) If, pursuant to Article 6 (6a) sentence 1 of the Property Law, the beneficiary has recovered individual assets, its value at the time of return shall be the basis of the assessment for the compensation of the property. to withdraw the company. 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. Unofficial table of contents

§ 5 Tax base of compensation for claims and protective rights

(1) The basis for the assessment of the compensation of private monetary claims, e.g. B. Account balances, mortgage-backed claims, deposit amounts and business assets of cooperatives, which have been expropriated by abduction to the national budget, is subject to the second sentence of the two to 1 Mark converted amount at the time of injury. For amounts shown in Reichsmark § 2 para. 2 of the Compensation Performance Act applies if the injury occurred before 24 June 1948. If the amount shown in the cancellation of the public administration or the amount shown on 31 December 1992 is higher, it shall apply, unless the increase stems from the sale of an asset which is now transferred back to the person entitled has been made. 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. In the case of unpaid account balances, the amount of compensation shall be based on the corresponding difference. (2) Compensation for compensation fixed by 31 December 2003 shall be determined in accordance with the available funds of the Compensation fund up to the amount of 10,000 Deutsche Mark in money fulfilled. (3) Claims from life insurance expropriated after 23 June 1948 are 50 per cent of their life on Deutsche Mark of the Deutsche Notenbank, Mark of the German Federal Reserve or Mark of the German Democratic Republic to be measured. 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 (5) Commercial property rights, copyrights, and 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). as well as related rights shall be compensated by the amount which shall be On the basis of the average annual income and the actual utilization period after the injury as a capital value according to § 15 of the valuation law referred to in § 3 (3) of the valuation law. Unofficial table of contents

§ 5a Tax base of the compensation for movable property

(1) The basis of the compensation for movable property is the value of the item converted to Deutsche Mark in the ratio of 2 to 1 at the time of the withdrawal. 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 is estimated. (2) The basis for the tax on 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). Not belonging to the house council:

1.

Motor vehicles,

2.

collections, objects of art and luxury, as well as objects that serve as a lover;

3.

Items used for the purpose of professional practice.

(3) The basis for the assessment of motor vehicles shall be at the age of the vehicle at the time of withdrawal of

20 and more years	500
15-19 years	1.000
10-14 years	1.500
5-9 years	2.000
3-4 years	2.500
0-2 years	3.000	Deutsche Mark.

For motorcycles and scooters, the tax base is one-half, for small and light-weight wheels a quarter; for heavy goods vehicles of three tonnes or more and buses it increases by a quarter. (4) The maximum limit of the sum of the tax base 40,000 Deutsche Mark for all movable property of a person entitled to be compensated. (5) Compensation shall be granted only if the loss of movable property is caused by a time-related injury, (6) Before 22 September 2000, the final date of the final decision is valid. (b) procedures concluded in which a right to compensation for movable property has been refused for impossibility of retransmission, may be made at the request of 22 March 2001. Unofficial table of contents

§ 6 Invoice of a received consideration or compensation

(1) If the beneficiary has received a consideration or compensation in accordance with Section 2 (1) of the Property Law or his entire legal person in respect of the asset to be defoamed, this shall be subject to interest, including interest received under To take into consideration the conversion ratio of two marks of the German Democratic Republic to a German mark from the tax base. 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 is only partially, allocated to the beneficiary, a shareholder or its total rights, this shall be taken into account in the calculation of the deduction amount; amounts which shall be (2) If the person entitled is a legal person or a legal person, the person entitled to the right of legal liability shall be deemed to have been subject to a non-discriminatory fee or tax. private company of commercial law and is the consideration or the Compensation granted to a shareholder has been granted for the purposes of crediting as the person entitled to the settlement. Unofficial table of contents

§ 7 Cinning amounts

(1) The sum of the sum of the tax base and deductions pursuant to § 3 (4), § 4 (4) and § 6 of the amount of the sum of 10,000 German marks shall be reduced by the amount of the amount of the amount of the amount of the sum of the amount of the sum of the sum of the sum of the sum of the sum of the sum

-

the 10,000 German mark, which is up to 20,000 Deutsche Mark, by 30 of the hundred,

-

the 20,000 German mark, which is up to 30,000 Deutsche Mark, is 40 of the hundred,

-

the 30,000 Deutsche Mark, up to 40,000 Deutsche Mark's amount by 50 per cent,

-

the 40,000 Deutsche Mark, up to 50,000 Deutsche Mark, was 60 of the hundred,

-

the 50,000 German mark, which is up to 100,000 Deutsche Mark, reaching 70 per cent,

-

the 100,000 Deutsche Mark, up to 500,000 Deutsche Mark's amount by 80 of the hundred,

-

The 500,000 Deutsche Mark is an amount of up to 1 million Deutsche Mark reaching 85 percent of the hundred,

-

the 1 million German mark surpassing the amount of up to 3 million German marks by 90 per cent,

-

of the 3 million German mark surmounting amount by 95 of the hundred.

(2) If a right to compensation has a right to compensation or to compensation in accordance with the Compensation 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 person entitled to do so, the person concerned is only entitled to their share of the compensation paid in accordance with paragraph 1. (3) Is the reduction referred to in the first sentence of paragraph 2 above, in particular because of the responsibility of various offices or national offices for the settlement of the scheme; open property, the competent authority which has recently decided shall determine the total amount of the compensation. Unofficial table of contents

§ 8 Compensation for the deduction of burden-sharing

(1) If the beneficiary has received the principal compensation under the burden-compensation law in accordance with § 2 (1) of the Property Law or his entire legal person for assets to be compensated for, the Authority shall issue a communication on the provisions of § 7 reduced tax base. 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 German Act on Equalisation of the Load. (2) The Federal Compensation Office 2 months after the date of purchase of the person referred to in paragraph 1, an amount equivalent to the reduced tax base minus a provisional estimated recovery amount in accordance with Section 349 of the Late Compensation Act shall be disbursed in advance as a result of the payment , at the same time, the beneficiary shall receive interest from 1 January 2004 up to the calendar month of the notification of the date 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 being paid. Payment shall be made subject to the reservation of recovery of the difference referred to in the second sentence of paragraph 5. (3) If the compensation administration has become aware of the recovery status before 1 July 2009, the competent compensation and/or compensation body shall be responsible for the payment of the compensation. National compensation and the recovery amount determined in accordance with the provisions of the burden-equalisation act. If the compensation administration has gained knowledge after 30 June 2009, the Federal Compensation Office shall determine the amount of the recovery. 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 finalised, and the difference shall be rounded off in accordance with the first sentence of Article 2 (2). The compensation shall be galvanissed from 1 January 2004 until the calendar month prior to the notification of the date referred to in paragraph 1. (4) The Federal Compensation Office shall provide compensation and interest and, in the case referred to in the third sentence of paragraph 3, the (5) In accordance with paragraph 4, the sum of the compensation and interest shall be offset by the advance payment 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. (6) § 6 (2) shall apply to the deduction of the balance of the burden of the goods. (7) On 28 May 2011 the compensation administration shall have a communication on the Provisions of the burden-equalisation act already determined recovery amount , the procedure for the withdrawal of burden-sharing shall be determined in accordance with the version of this Act which has been in force until that date. Unofficial table of contents

§ 9 Compensation Fund

(1) Compensation under this Act, compensation in accordance with § § 1 and 2 of the Compensation Performance Act, compensation under the Nazi Prosecution Compensation Act as well as benefits under the Displaced Persons ' Law of the Displaced Persons shall be made from a non- Special assets of the Federal Republic of Germany (compensation fund). The compensation fund is a special fund within the meaning of Article 110 (1) and Article 115 (2) of the Basic Law; the second sentence of Article 115 (1) 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 legal trade. The general place of jurisdiction for the special assets is Berlin. (4) The compensation fund is entitled to issue bonds through registration in the Bundesschuldbuch (Federal Debt). The issuance of pieces is excluded for the entire term. (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 shall be entitled to issue bonds in accordance with § 1 (1) sentence 2 for the purpose of market care in the amount of (7) The bodies responsible for issuing or managing the debt securities shall be entitled to control the bodies responsible for the implementation of the law for control purposes. Information on the debt securities allocated if: The Federal Ministry of Finance is authorized to provide details of a double performance or an overpayment, in particular on account of a reduction pursuant to § 7 or a deduction pursuant to § 8. 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. Unofficial table of contents

Section 10 Revenue of the compensation fund

(1) To be deducted from the compensation fund:

1.

by the Treuhandanstalt 3 billion Deutsche Mark from their divestment. The Federal Ministry of Finance shall fix the flat-rate annual amounts, taking into account the financial requirements of the compensation fund;

2.

50 of the total value of the financial assets in trust administration of the federal government under Article 22 (1) of the agreement, payable in annual installment in accordance with the proceeds from the sale of property. The Federal Ministry of Finance shall determine the level of the rates;

3.

by local authorities or other public administration bodies, 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 are not restitutable or are not restituted due to the choice of compensation;

4.

the assets of former public credit institutions having their head office in the territory of accession, which are administered by the President of the Federal Compensation Office pursuant to Article 19 (2) of the Westwealth Resolution Act;

5.

non-otherwise attributable assets in the area of the former Office for the Legal Protection of the Assets of the German Democratic Republic and transfers of the deposit accounts in accordance with Section 4 (2) of the Debt Accounting Law;

6.

Value compensation in accordance with § 7 of the Property Law and countermeasures or compensation to be issued in accordance with Section 7a (2) sentence 4 of the Property Law;

7.

Disposal proceeds pursuant to § 11 (4) of the Assets Act and other unclaimed assets, which were under state administration until 31 December 1992, if the owner or proprietor is not according to the public offering according to § 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;

8.

Claims against state managers pursuant to Section 13 (3) of the Property Law;

9.

Claims pursuant to Section 18b (1) of the Assets Act and those redeeming shares arising from disposals pursuant to Section 16 (1) of the Investment Priority Act, which are not entitled to the entitled, to the right of disposal or to a private third party;

10.

from 1 January 1994, reflows under Section 349 of the Burden-Equalisation Act;

11.

Disposal proceeds from the sale of formerly popular land after 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 proprietors of rem Rights of use for own homes, if the transfer is excluded according to § 4 of the Property Law or due to the choice of compensation is not required. For divestments which were assessed after 17 December 2003, at least the purchase price in force at the time of the sale in accordance with Section 68 of the Law on the Law of the Law of Saxony;

12.

assets allocated to the compensation fund in accordance with Section 1b of the Capital Allocation Act, as amended by Article 16 (4) of the Register Procedure Acceleration Act;

13.

Subsidies from the federal budget as from 1 January 2004.

A claim by the beneficiaries against the compensation fund for the recovery of its revenue does not exist. (2) In order to bridge any liquidity shortfalls, the Federal budget can provide interest-free liquidity loans in accordance with the respective requirements. Budget. The repayment to the federal government will take place on income surpluses. The Federal Ministry of Finance is responsible for details.

Footnote

§ 10: Retaken 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 miterds are affected Unofficial table of contents

Section 11 Management of the compensation fund

(1) The revenue and expenditure of the compensation fund shall be entered in an economic plan for each accounting 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 add them as an annex to the accounts of the budget. Federal government. The annual accounts must show in a clear way the stock of the special assets, including the assets and liabilities, as well as the revenue and expenditure. (3) The obligation of the compensation fund, taxes The Federal Government, the Länder, the municipalities (associations) and the public authorities are required to apply the rules generally applicable to federal authorities. (4) The costs for the management of the compensation fund are borne by the Federal Government. the federal government. Unofficial table of contents

§ 12 Jurisdiction and procedure

(1) The provisions of the Assets Act shall apply mutas to the implementation of this Act. § 32 (4) sentence 1 of the Property Law does not apply to decisions taken under 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 indisputably for the reasons of Section 3 (2) of the Property Law, the Office, Landesamt or Federal Office for Central Services and Open Property Issues shall decide at the request of 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 stock or legal force of the decision under the property law (exclusion period). The application period ends at the earliest with the expiry of the sixth month following the entry into force of the law. (2) In the cases of § 10 nos. 3, 7, 8, 9 and 11, the authorities responsible for the decision on the compensation shall set the order as representative of the Compensation fund shall determine the amount to be deducted from the pledge by administrative act in relation to the pledge. The compensation fund may set the amount to be deducted. The amount to be deducted in accordance with 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 has reached the stock before 16 December 2004, at the latest by 31 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 § 13 para. 2 of the Property Law. (3) According to § 10 (1) No. 11, the obligation to sedate the The sale proceeds or the remuneration for use to the compensation fund, the compensation fund has to notify the compensation fund immediately the conclusion of 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, provided that the notification has been made before 16 December 2004 and no later than 31 December 2009.