Der Wirtschaftskrieg

Bibliographic data

Monograph

Identifikator:: 1024656551

URN:: urn:nbn:de:zbw-retromon-49829

Document type:: Monograph

Title:: Der Wirtschaftskrieg

Edition:: Zweite, nach dem Stande vom 31. Juli 1915 ergänzte Auflage

Place of publication:: Wien

Publisher:: Verlag der Niederösterreichischen Handels- und Gewerbekammer

Year of publication:: 1915

Scope:: 1 Online-Ressource (II, 171, V Seiten)

Digitisation:: 2018

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: XI. Britisches Reich

Collection:: Economics Books

transfer any money held by Mm under tMs Act to the Custodian of another part thereof. 2. Payment of dividends, & c. payable t o e n e m y. (1) Any sum which, bad a state of war not existed, would have been payable and paid to or for the benefit of an enemy, by way of dividends, interest or share of profits, shall be paid by the person, firm or Company by whom it would have been payable to the Custodian to hold Subject to the provisions of this Act and any Order in Council made thereuuder, and the payment shall be accompanied by such parti- culars as the Board of Trade may prescribe, or as the Custodian, if so authorised by the Board of Trade may require. Any payment required to be made under this subsection to the Custodian shall be made — (a) within fourteen days after the passing of this Act, if the sum, had a state of war not existed, would have been paid befere the passing of this Act; and (b) in any other case within fourteen days after it would have been paid. (2) Where before the passing of this Act any such sum has been paid into any account with a bank, or has been paid to any other person in trust for an enemy, the person, firm or Company by whom the payment was made shall, within fourteen days after the passing of this Act, by notice in writing, require the bank or person to pay the sum over to the Custodian to hold as aforesaid, and shall furnish the Custodian with such particulars as aforesaid. The bank or other person shall, within one weck after the receipt of the notice, comply with the requirement and shall be exempt from all liability for having done so. (3) If any person falls to make or require the making of any payment or to furnish the prescribed particulars within the time mentioned in this section, he shall, on conviction under the Summaiy Juris diction Acts, be liable to a fine not exceeding one hundred pounds or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment, and in addition to a further fine not exceeding fifty pounds for every day during which the default continues, and every director, manager, secretary or officer of a Company, or any other person who is knowingly a party to the default shall, on the like conviction, be liable to the like penalty. (4) If, in the case of any person, firm or Com pany whose books and documents are liable to inspection under subsection (2) of section two of the Trading with the Enemy Act, 1914 (hereinafter referred to as the principal Act), any question arises as to the araount which would have been so payable and paid as aforesaid, the question shall be determined by the person who may have been or who may be appoin- ted to inspect the books and documents of the person, firm or Company, or, on appeal, by the Board of Trade, and if, in the course of determining the question, it appears to the inspector or the Board of Trade that the person, firm or Company has not distributed as dividends, interest or profits the whole of the amount properly available for that purpose, the inspector or Board may ascertain what amount was so available and require the whole of such amount to be so distributed, and, in the case of a Company, if such dividends have not been declared, the inspector or the Board may himself or themselves declare the appropriate dividends, and every auch declaration shall be as effective as a declaration to the like effect duly made in accordance with the Constitution of the Company: Provided that where a Controller has been appoin- ted under section three of the principal Act this sub section shall apply as if for references to the inspector there were substituted references to the Controller. (5) For the purposes of this Act the expression “dividends, interest or share of profits” means any dividends, bonus or interest in respect of any shares, stock, debentures, debenture stock or other obligations of any Company, any interest in respect of any loan to a firm or person carrying on business for the pur poses of that business, and any profits or share of profits of such a business, and, where a person is carrying on any business on behalf of an enemy, any sum which, had a state of war not existed, would have been transmissible by a person to the enemy by way of profits from that business shall be deemed to be a sum which would have been payable and paid to that enemy. 3. Duty of trustees for enemies to notify the Custodian. (1) Any person who holds or manages for or on behalf of an enemy any property, real or personal (in- cluding any rights, whether legal or equitable, in or arising out of property, real or personal), shall, within one month after the passing of this Act or if the pro perty comes into his possession or under his control after the passing of this Act, then within one month after the time when it comes into his possession or under bis control, by notice in writing communicate the fact to the Custodian, and shall furnish the Custo dian with such particulars in relation thereto as the Custodian may require, and if any person fails to do so he shall, on conviction under the Summary Juris diction Acts, be liable to a fine not exceeding one hundred pounds or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such a fine and imprisonment, and in addition to a further fine not exceeding fifty pounds for every d uring which the default continues. (2) Every Company incorporated in the United Kingdom and every Company which, though not in corporated in the United Kingdom, has a share trans fer or share registration office in the United Kingdom

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