Agriculture Adjustment Act
| Basic data | |
|---|---|
| Title: | Agriculture Adjustment Act |
| Previous title: | Law on the structural adjustment of agriculture to the social and ecological market economy in the German Democratic Republic |
| Abbreviation: | LwAnpG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Private law |
| References : | VI-1 |
| Original version from: | June 29, 1990 ( Journal of Laws I p. 642) |
| Entry into force on: | July 20, 1990 |
| New announcement from: | July 3, 1991 ( BGBl. I p. 1418 ) |
| Last change by: |
Art. 40 G of 23 July 2013 ( Federal Law Gazette I p. 2586, 2708 ) |
| Effective date of the last change: |
August 1, 2013 (Art. 50 G of July 23, 2013) |
| GESTA : | C130 |
| Please note the note on the applicable legal version. | |
The Agriculture Adjustment Act regulates the dispute between LPG members and the LPG or the successor company.
The legal text originally passed by the last, already freely elected, People's Chamber on June 29, 1990, only provided for the conversion of LPGs into cooperatives (eG). It was only with the first amendment by the Bundestag , which was then the first freely elected by all of Germany , that the possibility was created that the successor companies could also transform themselves into GbR , OHG , KG , AG , GmbH or other forms of corporations . Although the legal form of the registered cooperative has disadvantages for the new companies in negotiations with the banks due to the limited liability law, and also for the individual members only little say under the cooperative law, they were chosen almost only as a new legal form on a par with GmbHs. There are assumptions that a key point was the members' previous experience with collective cooperatives.
The law also regulates how retiring members are to be reimbursed for their contributed assets. One problem that gave rise to many perceived injustices was the proper preparation of an initial DM balance sheet . The law regulated in § 44 LwAnpG that leaving members are entitled to part of the equity and not just to their shares. As long as capital was available, former members were first reimbursed for the inventory they had brought in (exchange rate GDR Mark : D-Mark 1: 1). If there was still capital, the land brought in was remunerated and interest was paid on the equity capital, which was usually brought in as inventory. If capital was still available, leaving members also received part of the equity of the former LPG.
In practice it was often the case that no capital was available to compensate departing members. At the latest after there was a rethink in agricultural policy between 1991 and 1992 and when the old large farms continued to be seen as worth preserving after they had been viewed as not sustainable in the months before, they urgently needed equity capital, to renew the outdated machines and stables. Manfred Köhne had already remarked in 1990: "... that it is not economically possible to cope with the injustices of the past and the problems of the future at the same time."
Later, there was less criticism of the law itself than of the fact that after reunification in many areas, especially the exiting comrades, were being overreached by board members in the LPGs who were mostly already supported by Western advisors and who, with incorrect balance sheets, formal errors, inadequacies, and semi-legal ones Machinations and massive fraud prevented a fair settlement of assets. later, the obvious intervention of politics, the cooperative associations and most of the leading East German media in favor of the cooperative enterprises was criticized.
See also
Web links
Individual evidence
- ↑ a b c d Halvor Jochimsen: 20 Years of Green Building East in the Federal Ministry of Food and Agriculture : Reports on Agriculture , Issue 2, 2010, pp. 207–231 pdf 4.21 MB
