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The words “Vorstand” and “Direktorium” were used
interchangeably in documents in evidence. Both terms refer to the small group
of men in the Krupp concern in whom management was centralized,
“Direktorium” is the name given to that body after the reorganization
in December 1943. There was, in fact, no difference in responsibility and
activities within the concern.
In December 1943, pursuant to the
provisions of the “Lex Krupp” as stated above, the Fried. Krupp
Aktiengesellschaft was converted into the individually owned firm of Fried.
Krupp with headquarters in Essen. On the same date 15 December 1943
simultaneously and on establishment of articles of incorporation of the Fried.
Krupp, the firm was vested in the sole ownership of the defendant Alfried Krupp
von Bohlen und Halbach. Upon registration in the commercial recording office
the family enterprise had the name Fried. Krupp, and the branch enterprise
Fried. Krupp, Aktiengesellschaft, Friedrich-Alfred-Huette and Krupp-Stahlbau,
Fried. Krupp, Aktiengesellschaft thereafter had the trade names of Fried.
Krupp, Friedrich-Alfred-Huette and Fried. Krupp, Stahlbau. Thereafter, the
defendant Krupp had the name of Alfried Krupp von Bohlen und Halbach, whereas
heretofore, his name had been Alfried von Bohlen und Halbach. After the
conversion in December 1943 the owner of the family enterprise, Alfried Krupp
von Bohlen und Halbach, had the full responsibility and direction of the entire
enterprise. To assist him he appointed a business management with the name,
“Das Direktorium.” The regular and deputy members of the former
Vorstand, with the exception of the defendant Loeser, who had resigned,
continued to be the regular and deputy members of the Direktorium. Thereafter,
they had authority to sign for the firm in place of the owner, and without
mention of “Prokura.”
The authority to sign for the
individually owned firm by the others who were formerly the authorized agents
of the Fried. Krupp Aktiengesellschaft was confirmed. No change was made with
regard to the subsidiary companies which were continued to be managed as
independent legal entities.
Control and management of the subsidiary
companies was maintained in a number of ways. At least one member of the
Vorstand was on the Aufsichtsrat of each of the principal subsidiary companies.
The defendants Krupp, Loeser, and Janssen were members of the Aufsichtsrat at
the Germaniawerft and the Grusonwerk, during various periods. The members of
the Vorstand of the principal subsidiaries were required to and did submit
regular reports of their activities to the parent company at Essen. Financial
questions of consequence were decided by the Vorstand |
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