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F. Commentary on the Law on Joint Stock Corporations by
Officials of the Reich Ministry for Justice, 1939 |
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PARTIAL TRANSLATION OF
DOCUMENT NI-10159
PROSECUTION EXHIBIT
388 |
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PUBLISHED COMMENTARY ON THE LAW OF JOINT STOCK
CORPORATIONS (30
JANUARY 1937) BY OFFICIALS OF
REICH MINISTRY FOR JUSTICE (3d EDITION,
1939). |
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| STOCK CORPORATION LAW |
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Law on Joint Stock Corporations [Aktiengesellschaften] and Joint
Stock Corporations en Commandite [Kommanditgesellschaften
auf Aktien]
of 30 January 1937 |
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Commentary
by |
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Dr. Franz Schlegelberger
Staatssekretaer |
Leo
Quassowski
Ministerialdirektor |
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Gustav Herbig
Amtsgerichtrat |
Ernst Gessler
Landgerichtsrat |
Wolfgang Hefermehl
Landgerichtsrat |
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all in the Reich
Ministry of Justice
Third supplemented and expanded edition
Berlin 1939
Publisher Franz Vahlen |
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| * * * * * * * *
* * |
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| 2. The basic duties of the
Vorstand The exclusive right of the Vorstand to manage the corporation
establishes for it also the duty of management.* The Vorstand, with the care of
an honest and conscientious business manager (par. 84, subpar. 1), is to
further the corporation to the best of its ability and to attend to the
protection of its interests. To the interests of the corporation belong
not only the interests of the enterprise "as such," but also the interests
of the stockholders as Proprietors" of the enterprise (cf. official
explanation). While |
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* Reference is made to the Law on Joint Stock
Corporations and Joint Stock Corporations en Commandite (Aktiengesellachaften
and Kommanditgeaeilsehaften auf Aktien) of 30 January 1937 (NI-l0037 Pros. Ex.
387). extracts of which are reproduced in subsection E immediately above.
401 |
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