Article 4 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. Article 5 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 (RGBI 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 A Jew (Article 5 of the First Regulation under the Reich Citizenship Law of November 14, 1935) (RGBI 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. Article 7 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 Jewishowned Property (RGBI 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. Article 8 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 (RGBl. 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. Article 9 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 (RGBI 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. Article 10 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 preemption 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. Article 4 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. Article 5 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 (RGBI 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 Article 6 A Jew (Article 5 of the First Regulation under the Reich Citizenship Law of November 14, 1935) (RGBI 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. Article 7 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 Jewishowned Property (RGBI 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. Article 8 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 (RGBl. 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. Article 9 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 (RGBI I, 659), the First Decree for the Execution of the Law of 17 August 1937, Regarding the Protection of the Reich Frontiers and Reprisals (RGBI 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. Article 10 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 preemption 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 Article 11 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 exchange 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. Article 12 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. Article 13 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. |