Decree No. 310 / 1948 Coll.
Decree published by the National Bank of Czechoslovakia on the inventory of claims and other claims against former Reich-German assets and former Reich-German owners of such assets
Valid
Effective from 30.12.1948
310.
Order of the Minister of Finance
of 23 December 1948
publishing the measure of the Czechoslovak National Bank on the inventory of claims and other claims on former Reich-German assets and former Reich-German owners of such assets.
According to Section 27, paragraph 6 of the Act of 11 April 1946, No 92 Coll., on the Bound Foreign Exchange Economy (Foreign Exchange Act), I declare the attached measure of the Czechoslovak National Bank of 8 December 1948. This measure shall take effect on the day of its publication.
Dr Dolansky v. r.
Measures
Czechoslovak National Banks
on the inventory of claims and other claims on former Reich-German assets and former Reich-German owners of such assets.
According to § 26 of the Foreign Exchange Act, the National Bank of Czechoslovakia provides:
(1) The inventories under this measure are subject to claims and other claims (in other "claims only") which, as a result of the provisions of Article 6 of Part I. of the German Reparation Agreement of 21 December 1945, No 150 Coll. of 1947, burden the former Reich-German assets located in the Czech Republic, namely:
1. taxes, levies and charges due,
2. burdens and administrative expenses,
3. other material burdens on certain pieces of former Reich-German property,
4. contractual claims for any reason arising against former German owners of this property, even if the library is not secured.
(2) The former ReichsGerman property referred to in paragraph 1 shall mean property of any kind (for example, property, movable property, claims, property rights, participations, etc.) which, prior to confiscation, was the direct or indirect property of the German Empire, public law persons under ReichsGerman law or other ReichsGerman legal and physical persons, including their businesses, institutions and funds (in other words "ReichsGerman person").
(3) Reich-German property under this measure shall not be considered as:
(a) property owned by the Czechoslovak Republic or by Czechoslovak members (physical and legal persons) on 16 September 1938;
(b) property owned by a person who was a national of a State whose territory was occupied or annexed by Germany, or by a State which entered into war with Germany, if that person was already a national of that State at the time of his occupation, annexation or entry into war, and if at the same time he was neither a national of Germany nor acquired German nationality by marriage;
(c) property acquired in the territory of the Czechoslovak Republic during the occupation by the Reich-German persons referred to in paragraph 2 without payment (excluding inheritance), for the Reich marks or for other values provided under the pressure of the occupation.
(4) The claims referred to in Article 1 (1) shall be reported at nominal value with all the accessories (interest, late payment interest, etc.) as on 9 May 1945, even if the claim has been settled in any way after that date.
(1) The report shall be made by persons who are physical and legal persons who are creditors or entitled to claims referred to in Article 1 (1), as well as managers and holders of former Reich-German assets burdened with such claims, and persons to whom such assets have been allocated (assignations).
(2) The report shall be submitted by 24 January 1949. Postal savings bank in Prague or its regional institution in Bratislava, if possible by a joint submission signed by the creditor (creditor) and the trustee, after the case by the holder or allocation of former Reich-German property. In the absence of a joint submission, both the creditor (entitled) and the administrator shall report separately, in the case of the holder or allocation within the specified time limit.
(3) The declaration must be made by non-postal (letter), in two copies (preferably by machine), containing the following particulars, if they are known to the applicant or if they are taken into account:
(a) the name and surname (company) of the creditor (creditor), profession (business subject), residence (seat) and nationality. If a change has been made to the person of the original creditor (creditor), this information shall be provided for each creditor (creditor) with a supplement indicating the legal reason for the change;
(b) the name and surname (company) of the debtor (debtor), profession (business subject), residence (seat) and nationality on 16 September 1938 and 9 May 1945. Changes in the person of the debtor (s) shall be reported according to the equivalent of the provisions of point (a);
(c) the name and surname (company), residence (seat) of the administrator, after the holder or realtor of the former Reich-German property burdened by the claim;
(d) the name and surname (company), address (registered office) of the applicant, unless it is identical to either the creditor (creditor) or the administrator, holder or realtor of the former Reich-German property, and an indication of the reason for the notification (e.g. as legal representative, etc.);
(e) the amount of the claim on former Reich-German assets, according to the condition on 9 May 1945, in the currency to which the claim relates, separately the principal (basic) claim and the accessories (interest, late payment interest and so on) until 9 May 1945;
(f) details of when and how the claim arose (the reason for the event) and its maturity, and, as regards accessories, its name, its legal reason, the rate and the period for which the accessories are calculated;
(g) if, after 9 May 1945, there have been changes in the status of the principal (principal) claim and its amount, it is due to indicate when and for what reason the changes occurred and how large the principal (principal) claim is at the reporting date;
(h) a description of the former Reich-German property encumbered by the claim, stating the name, residence (seat) of the former Reich-German owner of the property, his nationality on 16 September 1938 and on 9 May 1945, the type of property, the place where the property is situated, and the details of when and how that property was acquired by the former Reich-German owner and the value of that property on 9 May 1945;
(ch) the manner in which the former Reich-German property is subject to the claim, after the reference to the relationship of the reported claim to the former Reich-German property;
(i) an indication of the documents by which the applicant can prove the accuracy of his data. These documents shall not yet be attached to the report;
(j) further explanations which the applicant considers to be useful.
(4) The report drawn up for each individual former Reich German substance shall separately contain the individual data in the order set out in paragraph 3. Where the applicant is not aware of or is not aware of the declaration, the applicant shall note that fact in his report, referring to the relevant provision of paragraph 3.
Done at Prague, 8 December 1948.
National Bank of Czechoslovakia
Dr. Heavens v. r.
Dr Chmela v. r.
Oliva v. r.
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Regulation Information
| Citation | Decree No. 310 / 1948 Coll., which publishes the measure of the National Bank of Czechoslovakia on the inventory of claims and other claims on former ReichsGerman property and former ReichsGerman owners of such property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1948 |
|---|---|
| Effective from | 30.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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