The Holocaust Historiography Project

Translation of document 3333-PS

           OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH
                   TERRITORIES, YEAR 1940
            [Verordnungsblatt fuer die besetzten
                 Niederlaendischen Gebiete]
                     Part 33, Page 546.
                             189

Decree of the Reich commissioner for the occupied
Dutch territories concerning registration of
business enterprises.

In accordance with article 5 of the decree of the
Fuehrer on exercise of governmental authority
dated 18 May 1940 [Reichsgesetzblatt I, p. 118] I
decree the following:

                           Point 1
          Enterprises Under Obligation To Register

                          Article 1
                 Definition of an Enterprise

Enterprises in the sense of this decree are:
1.   Enterprises which according to the law on Commercial
  registration of 1918 [Handelsregistergesetz -
  Handelsregister Wet 1918] must be registered in the General
  Commercial Register;

2.   Enterprises of other associations of persons,
  furthermore enterprises of non-profit corporations,
  foundations and others formed for definite purposes insofar
  as they pursue economic objects;

3.   Farm and forestry enterprises as well as horticultural
  and fishing enterprises, insofar as a commercial enterprise
  is connected with them;

4.   Enterprises of craftsmen and peddlers are not included.

                          Article 2
                   Obligation to Register

Under obligation to register is every enterprise
that on 9 May, 1940 corresponds or will correspond
at a later date to the following definition

1.   An enterprise which is operated by a person, if the
  owner is a Jew;

2.   An enterprise which is operated by a company [Offene
  Handelsgesellschaft] or a corporation in which the liability
  is limited to one or more partners [Kommanditgesellschaft],
  if at least one personally liable partner [persoenlich
  haftender Gesellschafter] is a Jew.

3.   An enterprise which is operated by a corporation or a
  stock corporation with limited liability.

a.   if at least one of the persons appointed to the legal
  representation or at least one of the members of the board
  of directors is a Jew.

b.   if Jews own essential interest in the capital or votes.
  It is considered to be an essential interest in the capital
  if more than a quarter of the capital belongs to Jews; it is
  considered to be an essential interest in votes, if the
  votes of the Jews reach the half mark of the number of the
  total votes:  do votes exist which contain preferential
  voting rights, it suffices if half of these votes belong to
  Jews;

4.   an enterprise which is operated by an association of
  persons, a non-profit corporation formed for a definite
  purpose in the sense of article 1, section 2, if one of the
  definitions according to sections 2 or 3  of this article is
  applicable;

5.   An enterprise, if it actually is under the controlling
  influence of Jews, the obligation to register will not be
  eliminated in case of property of the particular enterprise
  must be registered in accordance with order No. 26/1940
  concerning the treatment of enemy property.

                          Article 3
                        Branch Office

1.   Branch office must be registered

  1.   if the enterprise to which they belong, must be
     registered itself;
  2.   if the enterprise to which they belong, doesn't have to
     be registered, but if at least one manager of the branch
     office is a Jew.

2.   The regulations pertaining to the registration of
  enterprises apply to the branch offices mentioned in article
  1.

                          Article 4
                     Definition of a Jew

1.   A Jew is one who is descended from at least three
  racially pure Jewish grandparents.

2.   As a Jew is also considered one who is descended from
  two purely Jewish greatparents and

  1.   either belonged to the Jewish religious community on 9
    May, 1940 or will be admitted to it after this date, or
2.   was married to a  Jew on 9 May, 1940 or marries a Jew
after this date.

3.   As pure-Jewish is automatically considered a
  greatparent if he belonged to the Jewish religious
  community.

                           Point 2

                          Article 5
                  Execution of registration

Persons who are under obligation to register.

1.   In case of an enterprise which is operated by a person,
  the owner and the person authorized to manage the
  enterprise, are under obligation to register; in case of
  enterprises in the sense of article 2, section 1, number 2-
  5, every person authorized to represent them.

2.   Should all persons who, in accordance with article 1,
  are under obligation to register an enterprise, have their
  permanent or temporary residence in a foreign country or
  should they otherwise be prevented from executing their
  powers, all those persons who actually manage the enterprise
  also are under obligation to register the enterprise.

                          Article 6
                Contents of the Registration

1.   In making the registration, the total property-at home
  and in foreign countries-of the enterprise has to be stated,
  separated according to assets and debits.  As property of
  the enterprise is also to be considered everything which is
  intended or suitable to serve, directly or indirectly, the
  purposes of the enterprise.

2.   Enterprises which fall under the regulations of article
  2, section 1 on May 9th 1940, must in making the
  registration base it upon the assets.  Enterprises which
  fall under the regulations of article 2, section 1, at a
  later date, must state the assets as of the last balance set
  up before that date.  The balance sheet in question is to be
  submitted upon registration.

                                         [Page 61]

3.   Should a balance from the enterprise which is under
  obligation to register, not be regularly set up, the
  property must be appraised according to its general value,
  which it had on 9 May, 1940, or in case the enterprise came
  under obligation to register at a later date, the one which
  it had on this date.  Upon request of the Economy
  Examination Agency [Wirtschaftspruefstelle] an appraisal by
  a certified  appraiser must be added within a term set by
  said agency.

                          Article 7
                    Form of Registration

1.   The registration must be submitted to the Agency of
  Economy Examining, Den Haag by 30 November, 1940 on an
  official form which will be available at the office of the
  Chamber if Industry and Commerce that has jurisdiction over
  the enterprise according to its location.

2.   Insofar as an enterprise came under obligation to
  register only after the key-date named in article 2, section
  1, the registration must be made within two weeks after the
  obligation to register was uncovered.

                          Article 8
               Obligation to Give Information

1.   Upon request, the Agency of Economy Examining must be
  given information on the enterprises which are under
  obligation to register; it can also be requested to submit
  books and other documents.

2.   The Agency of Economy examining may delegate the powers
  give by Paragraph 1.

                           Point 3
              Regulations concerning Penalties

                          Article 9
                          Penalties

1.   Who intentionally does not fulfill or not on time
  fulfill the obligation to register and give information
  according to the above regulations, will be punished with
  imprisonment or with one of these penalties, insofar, the
  act is not subject to heavier penalty according to another
  regulation.

2.   Who, by negligence, does not fulfill or not on time
  fulfill the obligation to register or give information, will
  be punished with imprisonment not to exceed one year, or
  with a fine not to exceed ten thousand guilders.

3.   The punishable acts, mentioned in articles 1 and 2, are
  crimes.

                                         [Page 62]

                         Article 10
                        Confiscation

Besides the penalty according to article 9,
confiscation of the assets to which the punishable
act applies, may be ordered by the court.

                           Point 4
                      Final Regulations

                         Article 11
                      Further Measures

1.   The Reich Commissioner for the Occupied Dutch
  Territories will take the measure necessary for the
  execution of this decree and will issue the regulations
  necessary for its execution or supplementation.

2.   The Reich Commissioner for the Occupied Dutch
  Territories may make general legally binding decisions on
  questions of doubt which may result from the application of
  the regulations of this decree.

He may delegate the powers mentioned in articles 1
and 2.

                         Article 12
                    Time for enforcement

This decree will become valid on the day of its
promulgation.

The Hague
22, October, 1940
                    The Reich Commissioner for the
                        Occupied Dutch Territories
                                     SEYSS-INQUART