Full text: Der Wirtschaftskrieg

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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