| from documents which will be offered in evidence later. However, it
is not intended that the Basic Information itself be considered as evidence.
|
| |
SOME MAIN FORMS OF GERMAN BUSINESS
ENTERPRISES INVOLVED IN
CASE NO. 6 |
| |
I. SOME COMPARISONS WITH AMERICAN FORMS
AND AMERICAN
LAW |
| |
1. The German law of business associations, like the American,
distinguishes between forms of enterprise which are juristic persons and those
which are not, such as partnerships. The latter, however, may have some of the
characteristics of enterprises which are juristic persons. Under each of these
two principal categories, there are various forms of enterprises in which the
responsibility and the liability of the sponsors of the enterprise may vary.
German enterprises which are juristic persons are hereinafter referred to as
corporations. Like American corporations, German corporations can hold legal
rights and powers in the same general way as a natural person, but the
liability of the owners or shareholders is limited to the amount of their
investment in the enterprise.
2. Among the principal forms of business
enterprise which are corporations or juristic persons under German law are: The
Aktiengesellschaft or "A.G." (roughly translated as "stock corporation") ; the
Gesellschaft mit beschraenkter Haftung or "G.m.b.H." (company with limited
liability) and the Bergrechtliche Gewerkschaft (roughly translated as
"corporation under mining law"). The main forms of German business enterprises
which are not juristic persons or corporations include the Offene
Handelsgesellschaft or "o.H.G." (roughly, a general partnership), and the
Kommanditgesellschaft (roughly, a limited partnership). I.G. Farben was
established as an "A.G." in December 1925. |
| |
II. FORMS OF GERMAN ENTERPRISE WHICH
ARE JURISTIC
PERSONS |
| |
| A. Aktiengesellschaft (A.G.) |
| |
| I. The A.G. is most similar to an American stock corporation. It is
created by the filing and recording of articles of incorporation generally
called the "Gesellschaftsvertrag" (before 1937) and the "Satzung" (after 1937).
Ownership of the A.G. is divided into shares (Aktien) made evident by stock
certificates which are either registered or bearer shares. Under the German law
both common and preferred shares are guaranteed a voting right and
|
. 
