Order concerning the Utilization of Jewish property
- Published: 01 May 2010 01 May 2010
- Last Updated: 07 April 2012 07 April 2012
Document Number: 1409-PS
Date: 3 Dec 1938
Signed by: Funk, Frick
TRANSLATION OF DOCUMENT 1409–PS
1938 REICHSGESETZBLATT, PART I, PAGE 1709
Order concerning the Utilization of Jewish Property of 3 December 1938
On the basis of Article 1 of the Second Regulation by the Administrator for the Four Year Plan based on the Decree of November 24, 1938 for the Reporting of Jewish-owned Property (RGB1. I, 1668), the following is decreed in cooperation with the competent Reich Ministers :
Chapter I Industrial Enterprises
The owner of a Jewish industrial enterprise (Third Regulation under the Reich Citizenship Law of 14 June 1938, RGB1 I 627) may be ordered to sell or liquidate the enterprise within a definite time. Certain conditions may be stipulated in the order.
1. A trustee may be appointed for Jewish industrial enterprises, the owners of which have been ordered to sell or liquidate (Article 1), for the temporary continuation of the enterprise and for the completion of the sale or liquidation, especially if the owner of the enterprise has not complied with the order within the definite period and his application for an extension of time has been rejected.
2. The trustee is empowered to undertake all judicial and extra-judicial actions and legal measures, which the business of the enterprise, its liquidation or sale require. His authority replaces any legally required power of attorney.
3. The trustee must exercise the care of a responsible businessman and is subject to State control.
4. The owner of the enterprise is to pay the expenses of the trustee in connection with his work.
1. The owner of the Jewish industrial enterprise is to be notified of the instructions specified in Articles 1 and 2.
2. In case of absence of the person affected, notification may take place through publication in the Deutsche Reichsanzeiger and Preussische Staatsanzeiger. In these cases the day of publication is to be considered the day of notification.
As soon as the owner of the enterprise is notified of the order through which a trustee is appointed according to Article 2, he loses the right to dispose of the property for the administration of which the trustee has been appointed. He regains this right only if the appointment of the trustee expires.
The consent for the sale according to Article 1 of the Decree based on the Decree of April 26, 1938, for the Reporting of Jewish-owned Property (RGB1 I, 415) is necessary also in such cases in which the sale has been ordered ; this also applies to the sale by a trustee.
Chapter II Land and Forest Enterprises Real Estate and other Property
A Jew (Article 5 of the First Regulation under the Reich Citizenship Law of November 14, 1935) (RGB1 I, 1333), may be ordered to sell wholly or partly his land or forest enterprise, his other land or forest properties, his other real estate or other properties within a definite time. Certain conditions may be stipulated in the order. The regulations of Article 2 to 4 are to be applied accordingly.
1. Jews cannot legally acquire real estate and mortgages.
2. The regulations of Article 2, 4, 5 and 6 of the Decrees based on the Decree of 26 April 1938, for the Reporting of Jewish-owned Property (RGB1 I, 415) are to be applied accordingly.
3. At the foreclosure of real estate, the court ordering such sale must reject bids if there is reason to suspect that the bidder is a Jew.
4. The rejection according to Paragraph 3 loses its force if the bidder protests against it immediately (Article 72, Paragraph 2 of the Law Regarding Foreclosure) and if he proves that he is not a Jew.
5. If, as is provided in (4) the bidder protests the rejection of an offer, the decision on the public adjudication must not be made before two weeks after the conclusion of the auction.
1. Jews require authorization to dispose of real estate and mortgages. They require authorization to dispose of other prop-
erty if the sale has been ordered according to Section 6 of this decree. This also applies in the case of a trustee disposing of said property.
2. The regulations of (1) also apply to contracts in which an obligation to sell is assumed.
3. The regulations of Article 1 (2) and Article 2 of the Regulation under the Decree of 26 April 1938 for the Reporting of Jewish-owned Property (RGB1. I, 415) are to be applied accordingly. In disposing of immovable property, the regulations of Articles 4, 5 and 6 of said Decree are also to be applied accordingly.
4. In case of foreclosure of a piece of land, the bidder requires authorization for his bid; a bid for which the necessary authorization is not proven immediately is to be rejected. Where the Reich Law regarding Foreclosure and Forced Administration is in force, in cases of Article 81, (2) of said law, public adjudication to a person other than the highest bidder is permissible only if the person can prove that consent was given for this deal.
1. The authorization according to Article 8 replaces those authorizations required according to the Regulation regarding Traffic in Real Estate of 26 January 1937 (RGB1 I, 35), the Settlements (RGB1 I, 659), the First Decree for the Execution of the Law of 17 August 1937, Regarding the Protection of the Reich Frontiers and Reprisals (RGB1 I, 905) as well as according to price fixing regulations.
2. At the sale of land or forest enterprises or the granting of usufruct in such enterprises, the authorization according to Article 8 replaces the authorization according to Article 1 of the decree based on the Decree of 26 April 1938 for the Reporting of Jewish-owned Property.
1. If a Jew sells a piece of land which is situated within the confines of Berlin, the Reich Capital Berlin has a right of pre-emption for the purpose of carrying out the measures of the General Building Inspector for the rebuilding of the City.
2. Articles 12 and 13 of the Decree of 5 November 1937 Regarding the Reconstruction of the Reich Capital Berlin (RGB1 I, 1162) are to be applied accordingly.
3. The right of preemption does not exist if the Reich, one of the German States, or the National Socialist Party is involved in the legal transaction as a buyer.
Chapter III Compulsory Deposit of Securities
1. Within a week after this decree goes into effect, Jews must deposit all their stocks, shares in mines, bonds, and similar securities at a foreign exchange bank. New securities must be deposited within a week after their acquisition. The holder of securities belonging to a Jew may not deliver them to anyone but a foreign exchange bank for the account of the Jew.
2. Insofar as securities are already deposited at a foreign ex-change bank on behalf of Jews or titles registered or coupons deposited with an administrative authority for which preferred annuities will be granted, the Jews must immediately notify the said bank, the Administration of Public Loans or the administrative authority by a written declaration of the fact that they are Jews. In case of (1) Sentence 3, this declaration must be made to the said holder.
3. The deposits and the registered titles are to be marked as Jewish.
The disposing of securities deposited as Jewish, as well as the release of such securities require the consent of the Reich Minister of economics or an authority named by him.
The provisions of Articles 11 and 12 do not apply to foreign Jews.
Chapter IV Jewels, Gems and Objects of Art
1. Jews are forbidden to acquire, pawn or sell objects of gold, platinum or silver as well as precious stones and pearls. Such objects, except in the case of existence of attachments on behalf of a non-Jewish creditor at the time when this decree goes into effect may only be acquired by public purchasing offices, established by the Reich. The same applies to other jewels and objects of art insofar as the price of the individual objects exceeds one thousand Reichsmarks.
2. The provisions of (1) does not apply to foreign Jews.
Chapter V General Regulations
1. The authorization for the sale of Jewish enterprises, Jewish real estate, or other Jewish property can be given under conditions that may consist in the payment of money by the buyer on behalf of the Reich.
2. Authorizations of the kind mentioned in Paragraph 1 may also be granted with the proviso that the Jewish seller is to receive obligations of the German Reich or registered titles against the German Reich instead of the total or partial consideration as provided for in the sales contract.
The regulations specified for Jews in Article II also apply to industrial enterprises as well as organizations, foundations, institutions, and other enterprises which are not industrial, insofar as they are to be considered Jewish according to the Third Regulation under the Reich Citizenship Law of 14 June 1938 (RGB1 I, 627).
1. The higher administrative authorities are qualified to issue instructions based on the regulations of Article I and II insofar as the special provisions of Paragraphs 3 and 4 are not to be applied. The higher administrative authorities are also to supervise the appointed trustees.
2. Section 6 of the Decree of 26 April 1938 determines which authorities are higher administrative authorities within the meaning of this Decree Regarding the Registration of Jewish Property (Reichsgesetzblatt I, p. 414) with the proviso that the following authorities are qualified :
In Anhalt—the Anhalt State Ministry, Department of Economics ; ,
In Baden—the Baden Minister of Finance and Economics
In Wuerttemberg—the Wuerttemberg Minister of Economics ;
In Austria—the Reich Commissar for the Reunion of Austria with the German Reich or the authorities named by him;
In the Sudeten German territories—the Government Presidents.
3. Insofar as it is a question of agricultural property, the Oberpraesident in Prussia (Agricultural Department) and the Higher Settlement Authorities in the non-Prussian States take the place of the higher administrative authorities. Insofar as it is a question of forest property, the Higher Forest Authorities take the place of the higher administrative authorities.
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[Articles 18 to 23 are not necessary for understanding of law
This decree goes into effect on the day of publication.
Berlin, 3 December 1938
Reich Minister of Economic Affairs
Reich Minister of Interior