Legal Entity Settlement Act
| Basic data | |
|---|---|
| Title: | Law to regulate the legal relationships of no longer existing public legal entities |
| Short title: | Legal Entity Settlement Act |
| Abbreviation: | RTrAbwG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Public law |
| References : | 653-4 |
| Issued on: | September 6, 1965 ( Federal Law Gazette I p. 1065 ) |
| Entry into force on: | November 1, 1965 |
| Last change by: |
Art. 215 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1353 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Legal Entity Liquidation Act is a German law that regulates the liquidation of certain corporations , institutions and foundations under public law (public legal entities ) that were established before May 9, 1945. These are predominantly, but not only, organizations from the time of National Socialism . The law also regulates the winding up of legal entities established by the British military government . The other areas of regulation included a. the transfer of assets located in federal territory from regional authorities with their seat outside the scope of this Act, but within the borders of the German Reich according to the territorial status of December 31, 1937 , into the administration of the federal government.
Reasons for the law
In the government draft, the justification is given:
“As a result of the collapse of the German Reich in 1945, numerous corporations, institutions and foundations under public law - public legal entities - ceased their activities. In fact, these public legal entities no longer exist, but most of them still exist legally. They could not lose their legal existence, because according to the prevailing view in legal doctrine and jurisprudence, public legal entities only come to an end with the dissolution by a sovereign act that is issued in the form of a law or is based on a legal norm and is enacted by the regional authorities that make this public Have established legal entities or, insofar as they have ceased to exist, by the regional authorities which are now authorized to dissolve in their place. "
“The present draft law fulfills the mandate of the legislature in Section 3 Paragraph 1 No. 3 of the General Law on Consequences of War ; it is a further step on the way to rectifying the situation that has arisen as a result of the war and the consequences of the war. "
The law only applied to those legal entities whose processing was not regulated by special law, such as B. the Reichsversicherungsanstalt for salaried employees , the Reichsnährstand or the Deutsche Reichsbank . The legislative competence of the federal government resulted from Art. 135 Abs. 5 GG as well as from other competence norms. Among the entities that were resolved by the law, were among the Foundation Prussia house , the Reichsluftschutzbund , the Reich Research Council and the Reich Office for fish .
In the file plan for the (federal) financial administration , the files relating to the law are classified under VV 1230 .
Outline of the law
The law is structured as follows:
- First section: No longer existing public legal entities established before May 9th with their seat in the scope of this law (§§ 1–24)
- Second section: no longer existing public legal entities established after May 9th with their seat in the scope of this law (§ 25)
- Third section: Transitional and final provisions (§§ 26–31)
- Annex I (to Section 1 Paragraph 1)
- A. Federal Ministry of Food, Agriculture and Forests
- B. Federal Ministry of Finance
- C. Federal Ministry of Health
- D. Federal Ministry of the Interior
- E. Federal Ministry of Transport
- F. Federal Ministry of Defense
- G. Federal Ministry of Economics
- H. Federal Ministry for Housing, Urban Development and Regional Planning
- Annex II (to Section 25)
- 1. Main offices of the food industry
- 2. Seed center for the British zone
- Regulations for the application of Tables I to V to Section 19 Paragraph 3
- Tables I through V
Treatment in the Unification Treaty
According to the Unification Treaty, the law and the ordinances issued for its implementation are excluded from the entry into force of federal law in accordance with Article 8 of the treaty in the acceding area . The corresponding assets are likely to have been transferred to public property and divided according to the relevant provisions of the Unification Treaty.
However, No. 12 of Annex III to the Unification Treaty specified the following:
"The assets of legal entities under public law that exist or have existed in the territory of the GDR, which are managed in trust by government agencies of the Federal Republic of Germany on the basis of the Legal Entities Liquidation Act, are transferred to the beneficiaries or their legal successors."
Ordinances
- First regulation according to § 1 Paragraph 2 of June 4, 1969 ( Federal Law Gazette I p. 537 )
- Second regulation according to § 1 paragraph 2 of February 18, 1972 ( BGBl. I p. 191 )
- Third regulation according to § 1 Paragraph 2 of April 6, 1976 ( Federal Law Gazette I p. 916 )
- Regulation for the implementation of Section 11 Paragraph 3 of May 12, 1967 ( Federal Law Gazette I p. 538 )
