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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.
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.
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