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| As the present version stands, the Articles are independent of the
Convention. Legally, the corporation is promoted first and then, subsequent to
the promotion, agreements are made between the partners. The reasons for
collaboration, which are very sharply defined in the “exposé,”
may, under certain conditions, with a change of circumstances, cause the French
group to demand the termination of the Convention. Then the Convention will
collapse but the corporation will stand. Should the Convention, however,
continue to stand, it will bring important advantages to the French group.
Thus, there is little to incite the French group to denounce the Convention for
the reasons mentioned above. The corporation itself can only be dissolved
against our will by a legislative act which would constitute a plainly hostile
action. The question whether, according to French law, a stock corporation can
be dissolved for some important reason and whether, in certain circumstances, a
change in political conditions would constitute such an important reason, has
yet to be clarified with Maître Loncle. (Cf. Art. 1871, Civil Code.) From
the legal point of view, therefore, the misgivings of MaÎtre Loncle do
not carry much weight. There is also the fact that the previous history is not
only revealed by the “exposé” but can also be proved at any
time by the declarations of witnesses. Should it be impossible, therefore, to
have the “exposé” struck out, we can still accommodate
ourselves to the situation legally. |
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| * * * * * * * * * * * |
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| [Signed] DR. KUEPPER |
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| |
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PARTIAL TRANSLATION OF
DOCUMENT NI-8077
PROSECUTION EXHIBIT
1177 |
| |
| EXTRACT FROM THE MINUTES OF THE MEETING OF FARBEN'S MANAGING BOARD,
10 JULY 1941, CONCERNING DEFENDANT VON SCHNITZLER'S REPORT ON THE SUCCESSFUL
CONCLUSION OF THE FRANCOLOR NEGOTIATIONS |
| |
| Minutes of the 26th Meeting of the Vorstand on 10 July 1941, at
0930 hours in Frankfurt A. M., Grueneburgplatz |
| |
| The meeting was attended by all the members of the Vorstand, with the
exception of Messrs. Brueggemann, Weber-Andreae; Buergin, Jacobi, ter Meer
(came in the afternoon). Dencker was present in the morning. |
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| * * * * * * * * * * |
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11. Commercial committee
Von Schnitzler gave a report
on the negotiations which had been successfully concluded with respect to
“Francolor”; from the capital of “Francolor,” which amounts
to 800,000,000 francs, the IG will take over 51 percent in return for the
ceding of IG shares, reckoned at a |
138 |
. 
