Register of Nationally Owned Economy

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In the GDR, the register of state-owned businesses was a legal directory for registering state- owned businesses, similar to a commercial register . This register was kept at the competent district contract courts , that is, the establishments had to be entered in the district in whose territory they were based. There was a legal obligation to register.

Registered economic entities

In the field of economics, the following were registered:

Registration

The application for registration was made by the head, the director or specialist director of the company or combine at the district contract court . In the case of a combine, this had to deposit its statute with the district contract court. The same applied to amendments to the Articles of Association. When creating a combine, the companies from which the combine still had to take on outstanding claims and liabilities had to be entered. The following were entered in the register:

  • the name of the establishment (for VVB including the establishment number)
  • the seat of the company
  • the directly superordinate body (in the case of combine operations, affiliation to the combine)
  • the competent central or local state body (e.g. economic management body ) to whose management the company (combine) belonged
  • all persons authorized by law to represent the company and to expire the corresponding authority to represent, whereby the persons had to indicate their first and last names and their function (in the case of VVB, the termination of legal capacity and legal succession or the opening of liquidation proceedings)

Certain applications required a written confirmation from the head of the organ above the company. For companies in the combine, the written confirmation was generally given by the director of the combine. Only in the case of entries about the formation of new companies in the combine and the amalgamation of companies in the combine was written confirmation of the facts that had to be registered by the head of the body superordinate to the combine necessary.

Inspection

Upon request, the register was to be presented to authorized representatives of the state and governing bodies as well as to the representatives of the state-owned credit institutions for inspection.

However, this entry objectively established or revoked the power of representation. However, the entry in the register entitles third parties who had to insist on this proof of power of representation for certain actions (as in the case of purchase contracts for land, trademark applications, foreign patent applications) to assume that the entry alone corresponded to the facts.

The corresponding application for registration had to be made immediately after the occurrence or change of the facts that were subject to registration. The register entries were not available to the public. Only those who had the appropriate authorization or demonstrated a legitimate interest could inspect the register in accordance with the statutory provisions. The entries made were considered evidence for all domestic and foreign offices, courts and the like. a. about the relevant facts.

A copy or an extract of the entry could be made as written evidence in certified form. But if there was knowledge that certain facts of an entry in the register were no longer given, then one could no longer refer to them.

After the end of the GDR

After the reunification , all companies entered in the register of the state-owned economy were converted into corporations. The legal basis was Section 11, Sentence 1 in conjunction with Section 1 (4) of the Trust Act . Section 15 of the law stipulates that corporations should be registered ex officio in the commercial register with reference to this law. With that the register of the state-owned economy had found its completion.

literature

  • Uwe-Jens Heuer, G. Klinger, W. Panzer, G. Pflicke, Socialist Economic Law - Instrument of Economic Management, Berlin 1971, p. 119 ff.
  • Central Institute for Socialist Economic Management at the Central Committee of the SED (Ed.): Leading with the Right - Current Issues in the Implementation of Socialist Law in Companies and Combines , Dietz Verlag, Berlin 1974.
  • R. Klinkert: For entry in the register of the nationally owned economy , in: Wirtschaftsrecht , 1/1974, p. 26

Legislation

  • Regulation on the keeping of the register of the state-owned economy - Register.VO - of 17 September 1970 ( GBl II 1970 p. 573)
  • Regulation on keeping the register of the state-owned economy of April 10, 1980 ( Journal of Laws I 1980 No. 14 p. 115)
  • Regulation on the procedure for founding and merging state-owned enterprises of October 16, 1968
  • Author collective under the direction of Prof. Dr. Günther Klinger, commentary on the regulation on the tasks, rights and obligations of the state-owned enterprises, combines and VVB of March 28, 1973 (Journal of Laws of I No. 15 p. 129) in the version of the regulation amending the regulation on tasks, rights and duties of the state-owned enterprises, Kombinate and VVB of August 27, 1973 (Journal of Laws of 1973 No. 39 p. 405), Staatsverlag der DDR, Berlin 1975

Individual evidence

  1. ↑ Central Institute for Socialist Economic Management at the Central Committee of the SED (ed.): Lead with the Right - Current Issues in the Implementation of Socialist Law in Companies and Combines , Dietz Verlag, Berlin 1974.
  2. ↑ Trust Act