4000bce - 399
400 - 1399
1400 - 1499
1500 - 1599
1600 - 1699
1700 - 1799
1800 - 1899
1900 - 1999
By virtue of article 5 of the decree of the Fuehrer concerning the exercise of Governmental authority in the Netherlands, of May 18, 1940 (RGBl. I, p. 778) I order as follows:
(1) Jewish real estate, as defined in this order is any real estate which belongs in whole or in part:
1. To a Jew, as defined in Section 4 of Order No. 189/1940, concerning the registration of enterprises;
2. To an enterprise which is required to register by virture of Order No. 189/1940;
3. To a private corporation, an association, an institution, a foundation or any other endowment, if one of the conditions of Section 2 of Order No. 189/1940 is fulfilled, although the organization in question is not an enterprise within the meaning of that order.
(2) Jewish real estate for the purpose of this order is, further, any right in real estate, as well as any mortgage, to which a person, an enterprise, an association, an institution, a foundation or any other endowment, as defined in paragraph (1), is entitled in its entirety or in part.
(3) The owner or beneficiary, for the purpose of this order, is the holder of title to the property, the possessor of a right in the real estate, or the mortgage creditor.
The provisions of this order shall not apply to real estate covered by the provisions of Order No. 102/1941, concerning the registration and treatment of agricultural real estate in Jewish hands (Order for the Exclusion of Jews from Agriculture).
REQUIREMENT OF REGISTRATION
(1) Jewish real estate must be registered in writing with the Netherlands Real Estate Administration, The Hague, Juliana van Stolberglaan 45, by the use of a form which may be obtained from the Chambers of Industry and Commerce.
(2) Registration must be made before September 15, 1941. Any real estate acquired only after this order has become effective, must be registered within one month after such acquisition.
(3) The owner or beneficiary of real estate must register it. Any person who is entitled to represent the owner or beneficiary, or who is entitled to administrate such real estate, must also register it.
(1) A person required to register must fill out the registration form completely and truthfully.
(2) Copies of the following documents must be field with registration form, if they are in the possession of the person registering:
1. Excerpts from the Land-Register and the Mortgage-Register;
2. Contracts of sale and other documents concerning the acquisition of the real estate;
3. Contracts of lease or tenancy, or other documents showing an existing use.
(3) The Netherlands Real Estate Administration is empowered to require further information and the production of books, vouchers, and any other documents.
(1) Every parcel of real estate, every right in real estate and every mortgage which on or before May 9, 1940, belonged to a person, an enterprise, an association, an institution, a foundation or any other endowment, as defined in Section 1, paragraph 1, or to which such person, enterprise, association, institution, foundation or other endowment was entitled, and which, before this order has become effective, has been transferred to any other person, must likewise be registered.
(2) The owner or beneficiary as defined in paragraph I, and his representative, as well as his immediate successor in title and the representative of the latter, are required to perform this registration.
(3) Registration must be field in writing before September 15, 1941, with the Netherlands Real Estate Administration. The registration must be accompanied by excerpts from the Land-Register and the Mortgage-Register, as well as by the contracts of sale and other documents concerning the legal transfer to which reference was made in paragraph 1. Section 4, paragraph 3, shall not be applicable.
The registration requirements shall not apply to real estate:
1. Which has been registered pursuant to Order No. 26/1940, concerning the handling of enemy property;
2. Which belongs or did belong to an association or foundation which has been registered by virtue of Order No. 145/1940, concerning the registration of non-commercial associations and endowments;
3. Which has been reported in the registration of an enterprise, pursuant to Section 6 of Order No. 189/1940.
(1) The Netherlands Real Estate Administration shall be empowered to take over Jewish real estate for administration.
(2) It shall be empowered to appoint third persons for such administration.
(1) As soon as real estate has been taken over for administration, the Netherlands Real Estate Administration shall be empowered to execute all transactions, by court procedure or otherwise, which are necessary in the regular course of administration; it may alienate real estate in its entirety or in part, and may also mortgage it. The Netherlands Real Estate Administration shall be empowered to transfer these powers in their entirety or in part to the persons whom it has appointed for the administration of the real estate.
(2) Dispositions by the owner or beneficiary of the real estate shall be void during the period in which such real estate is being administered by the Netherlands Real Estate Administration. During such period payments by a mortgage debtor to the owner or beneficiary shall have no releasing effect.
(1) The taking over of administration by the Netherlands Real Estate Administration shall be recorded in the public register without payment of a fee.
(2) It shall become legally effective on the date on which the request for recording was received by the agency competent to keep the register.
(1) Persons, enterprises, associations, institutions, foundations or other endowments, as defined in Section 1, paragraph 1, may acquire real estate by legal transfer, only with the permission of the Reich Commissioner for the occupied Netherlands Territories (Commissioner General for Finance and Economic Affairs).
(2) Acquisition at an execution sale shall also be considered acquisition by legal transfer.
(1) Jewish real estate can be alienated, mortgaged, leased, or made subject to other changes in ownership or possession, in part or in its entirety, only with the permission of the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finance and Economic Affairs); mortgages in particular can be paid off entirely or in part only with such permission.
(2) Paragraph 1 shall not apply, if real estate:
1. Is being administered by the Netherlands Real Estate Administration;
2. Is being administered by an administrator appointed pursuant to Order No. 26/1940;
3. Is being administered by a trustee appointed pursuant to Order No. 48/1941 (Order concerning the Exclusion of Jews from Economic Affairs);
4. Belongs to an association or foundation registered pursuant to Order No. 145/1940;
(3) The incurring of an obligation to execute any of the legal acts mentioned in paragraph 1, sentence 1, is also subject to the granting of permission. If permission is granted to incur such obligation, said permission shall also extend to legal acts in performance of the obligation.
The request for permission shall be made by the person who intends to conclude a contract subject to permission, or to carry out any legal act subject to such permission.
The permission may be made dependent upon the fulfillment of certain conditions or may be connected with certain requirements.
(1) The procedure pursuant to this order may be subject to costs.
(2) Action on applications may be made dependent on advance payment of such costs in part or in their entirety.
(1) Any person who maliciously violates or circumvents the provisions of this order, or of any order, condition or requirement issued or made by virtue of this order, shall be subject to imprisonment or fine, unlimited as to the amount, or to both of these penalties.
(2) If the act has been committed negligently, the punishment shall be imprisonment not exceeding one year, or a fine not exceeding 100,000 guilders.
(1) In addition to such penalty, the confiscation of the property to which the criminal act referred may be ordered.
(2) If no particular person can be prosecuted or convicted, confiscation may be ordered independently.
(1) Prosecution shall be initiated only upon request of the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General of Finance and Economic Affairs).
(2) The request for prosecution can be withdrawn until sentence has been pronounced in the court of last resort.
Acts punishable pursuant to Section 15 shall be considered criminal acts as defined in Section II, paragraph 2, of Order No. 52/1940, concerning German jurisdiction in Criminal Cases, as revised in Order No. 123/1941.
(1) Property involved in the punishable act pursuant to Section 15 may also be confiscated by administrative procedure.
(2) In this case, confiscation takes place upon order of the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Security); it becomes effective upon general publication or upon notice to the person concerned. If such confiscation involves property or rights which by virtue of a legal provision have been recorded in a public register, such confiscation shall be immediately recorded free of cost in such register, upon request of the Reich Commissioner (Commissioner General for Security).
(3) The Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finances and Economic Affairs) shall decide as to the disposition of confiscated property.
(1) The Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finance and Economic Affairs) shall carry out all measures necessary for the enforcement of this order. He is authorized to delegate his powers.
(2) The Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finance and Economic Affairs) shall have general power to make legally binding final decisions, in doubtful cases arising from the application of the provisions of this order.
This order shall become effective on the day of publication.THE HAGUE
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946