Archive/File: imt/nca/nca-06/nca-06-3333-PS Last-Modified: 1996/11/06 Nazi Conspiracy and Aggression, Volume 6 [Page 58] TRANSLATION OF DOCUMENT 3333-PS OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH TERRITORIES, YEAR 1940 [Verordnungsblatt fuer die besetzten Niederlaendischen Gebiete] Part 33, Page 546. 189 Decree of the Reich commissioner for the occupied Dutch territories concerning registration of business enterprises. In accordance with article 5 of the decree of the Fuehrer on exercise of governmental authority dated 18 May 1940 [Reichsgesetzblatt I, p. 118] I decree the following: Point 1 Enterprises Under Obligation To Register Article 1 Definition of an Enterprise Enterprises in the sense of this decree are: 1. Enterprises which according to the law on Commercial registration of 1918 [Handelsregistergesetz - Handelsregister Wet 1918] must be registered in the General Commercial Register; 2. Enterprises of other associations of persons, furthermore enterprises of non-profit corporations, foundations and others formed for definite purposes insofar as they pursue economic objects; 3. Farm and forestry enterprises as well as horticultural and fishing enterprises, insofar as a commercial enterprise is connected with them; 4. Enterprises of craftsmen and peddlers are not included. [Page 59] Article 2 Obligation to Register Under obligation to register is every enterprise that on 9 May, 1940 corresponds or will correspond at a later date to the following definition 1. An enterprise which is operated by a person, if the owner is a Jew; 2. An enterprise which is operated by a company [Offene Handelsgesellschaft] or a corporation in which the liability is limited to one or more partners [Kommanditgesellschaft], if at least one personally liable partner [persoenlich haftender Gesellschafter] is a Jew. 3. An enterprise which is operated by a corporation or a stock corporation with limited liability. a. if at least one of the persons appointed to the legal representation or at least one of the members of the board of directors is a Jew. b. if Jews own essential interest in the capital or votes. It is considered to be an essential interest in the capital if more than a quarter of the capital belongs to Jews; it is considered to be an essential interest in votes, if the votes of the Jews reach the half mark of the number of the total votes: do votes exist which contain preferential voting rights, it suffices if half of these votes belong to Jews; 4. an enterprise which is operated by an association of persons, a non-profit corporation formed for a definite purpose in the sense of article 1, section 2, if one of the definitions according to sections 2 or 3 of this article is applicable; 5. An enterprise, if it actually is under the controlling influence of Jews, the obligation to register will not be eliminated in case of property of the particular enterprise must be registered in accordance with order No. 26/1940 concerning the treatment of enemy property. Article 3 Branch Office 1. Branch office must be registered 1. if the enterprise to which they belong, must be registered itself; 2. if the enterprise to which they belong, doesn't have to be registered, but if at least one manager of the branch office is a Jew. 2. The regulations pertaining to the registration of enterprises apply to the branch offices mentioned in article 1. [Page 60] Article 4 Definition of a Jew 1. A Jew is one who is descended from at least three racially pure Jewish grandparents. 2. As a Jew is also considered one who is descended from two purely Jewish greatparents and 1. either belonged to the Jewish religious community on 9 May, 1940 or will be admitted to it after this date, or 2. was married to a Jew on 9 May, 1940 or marries a Jew after this date. 3. As pure-Jewish is automatically considered a greatparent if he belonged to the Jewish religious community. Point 2 Article 5 Execution of registration Persons who are under obligation to register. 1. In case of an enterprise which is operated by a person, the owner and the person authorized to manage the enterprise, are under obligation to register; in case of enterprises in the sense of article 2, section 1, number 2- 5, every person authorized to represent them. 2. Should all persons who, in accordance with article 1, are under obligation to register an enterprise, have their permanent or temporary residence in a foreign country or should they otherwise be prevented from executing their powers, all those persons who actually manage the enterprise also are under obligation to register the enterprise. Article 6 Contents of the Registration 1. In making the registration, the total property-at home and in foreign countries-of the enterprise has to be stated, separated according to assets and debits. As property of the enterprise is also to be considered everything which is intended or suitable to serve, directly or indirectly, the purposes of the enterprise. 2. Enterprises which fall under the regulations of article 2, section 1 on May 9th 1940, must in making the registration base it upon the assets. Enterprises which fall under the regulations of article 2, section 1, at a later date, must state the assets as of the last balance set up before that date. The balance sheet in question is to be submitted upon registration. [Page 61] 3. Should a balance from the enterprise which is under obligation to register, not be regularly set up, the property must be appraised according to its general value, which it had on 9 May, 1940, or in case the enterprise came under obligation to register at a later date, the one which it had on this date. Upon request of the Economy Examination Agency [Wirtschaftspruefstelle] an appraisal by a certified appraiser must be added within a term set by said agency. Article 7 Form of Registration 1. The registration must be submitted to the Agency of Economy Examining, Den Haag by 30 November, 1940 on an official form which will be available at the office of the Chamber if Industry and Commerce that has jurisdiction over the enterprise according to its location. 2. Insofar as an enterprise came under obligation to register only after the key-date named in article 2, section 1, the registration must be made within two weeks after the obligation to register was uncovered. Article 8 Obligation to Give Information 1. Upon request, the Agency of Economy Examining must be given information on the enterprises which are under obligation to register; it can also be requested to submit books and other documents. 2. The Agency of Economy examining may delegate the powers give by Paragraph 1. Point 3 Regulations concerning Penalties Article 9 Penalties 1. Who intentionally does not fulfill or not on time fulfill the obligation to register and give information according to the above regulations, will be punished with imprisonment or with one of these penalties, insofar, the act is not subject to heavier penalty according to another regulation. 2. Who, by negligence, does not fulfill or not on time fulfill the obligation to register or give information, will be punished with imprisonment not to exceed one year, or with a fine not to exceed ten thousand guilders. 3. The punishable acts, mentioned in articles 1 and 2, are crimes. [Page 62] Article 10 Confiscation Besides the penalty according to article 9, confiscation of the assets to which the punishable act applies, may be ordered by the court. Point 4 Final Regulations Article 11 Further Measures 1. The Reich Commissioner for the Occupied Dutch Territories will take the measure necessary for the execution of this decree and will issue the regulations necessary for its execution or supplementation. 2. The Reich Commissioner for the Occupied Dutch Territories may make general legally binding decisions on questions of doubt which may result from the application of the regulations of this decree. He may delegate the powers mentioned in articles 1 and 2. Article 12 Time for enforcement This decree will become valid on the day of its promulgation. The Hague 22, October, 1940 The Reich Commissioner for the Occupied Dutch Territories SEYSS-INQUART
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