Die Preußische Treuhand GmbH & Co. KG a. A.
Prussian Claims Inc.
Office: Werstener Dorfstr. 187,
40591 Duesseldorf, Ph. 0211-39 57 63
Fax. 02964-94 54 59
The current situation
The collapse of the totalitarian communist system of the Eastern Block
countries in 1989/1990 has created a new situation for all displaced
persons, their organizations, and all those involved in the matters of
the expulsion territories. The main question of returning to ones
home, and especially the return of the property ownership to the
rightful owners, has up to now been left unresolved by the German
government. The current German administration even openly declines to
represent the rights of the displaced persons to their property;
while, this right is actually being granted by public international
law. In this situation, the German administration can, perhaps, be
forced by legal and political means to represent rightful owner's
rights. Some organizations of displaced persons are currently pursuing
just that. But this pursuit may have a long way to go; and, in the
meantime claims may become infeasible, i.e., because deceased leave no
heirs or the details have not been communicated sufficiently to the
heirs. Claims may also become unmanageable in tangled communities of
heirs.
The basic idea
What is needed is an organization to be set up capable of securing and
maintaining the ownership rights of individual displaced persons and
administrating these rights on a fiduciary basis, legally and
commercially, for the respective displaced persons and their heirs.
The Preu_ische Treuhand, the self-help organization of displaced
persons from private German properties in the expulsion territories;
shall, as authority, certified by power of attorney, assert individual
claims against the expulsion nations.
The power of attorney can prevent the early failure of a restitution
due to a lack of activity on the part of the owners. This authorized
organization provides the displaced persons with a strategic
instrument to secure and execute the restitution of their confiscated
properties. The mere existence of such a self-help organization,
capable of representing individual plaintiffs commercially, serves to
promote the demand for restitution in European politics. This
organization will be taken more seriously, also, since it may be
capable of accumulating considerable wealth.
The legal realization of the concept
The Landsmannschaft Ostpreu_en (organization of displaced persons from
East-Prussia) has intensively pondered the question of property
ownership, especially with respect to the best possible method for the
displaced persons to reclaim their confiscated property under the
current set of circumstances. The result was the current 4Preu_ische
Treuhand4, founded legally as a limited liability corporation (GmbH)
which in turn joins a limited partnership based on shares (KG a.A.).
The reasons for selecting this type of setup were as follows:
The Preu_ische Treuhand shall be fit to not only represent and promote
the ownership rights of single individuals but to assert them legally
and commercially as well. In order to realize this goal the legal form
of an enterprise was preferred over that of a society.
An association or society founded for business purposes requires a
special federal permit as a commercial society, while corporations and
partnerships are both legal entities suitable for commercial
activities. Once officially registered, such organizations can start
operating their business right away.
The effectiveness of the Preu_ische Treuhand will depend it's
financial basis. A realistic way to set up such a financial basis
under the current circumstance is a limited partnership by shares (KG
a.A.). In this setup each partner can contribute to the financial
basis by buying shares as a silent partner and thus promote the
purpose of the Preu_ische Treuhand - without being actually involved
in the management of the organization. The Preu_ische Treuhand GmbH as
the general partner, takes care of management; and, in this way
effectively limits the liability to the capital of the limited
liability corporation (GmbH).
Business operations
In order to preserve the financial base the business operations of the
Preu_ische Treuhand GmbH & KG a.A. shall be financed by the interest
earned on the proceeds from selling shares. For the time being the
workload is relying on volunterr's time only. The current position of
the CEO of the GmbH is unsalaried. The same holds true for the office
management position.
The management activities concentrate on:
Administrating and securing the claims on real estate and other assets
in the Prussian provinces east of the rivers, Oder and Neisse.
The Preu_ische Treuhand shall be a strategic instrument supported by
and for all the organizations of displaced persons or victims and all
others who are in some way involved. Purchase of property and other
assets in the Prussian provinces east of the Oder and Neisse rivers.
Securing assets from and in the Prussian provinces east of the Oder
and Neisse rivers.
Safe-keeping and securing the claims begins with the entry of the data
and a description of each claim (for real estate especially the land
registry data), requires the submission or acquisition of
documentation (e.g. land registry excerpts) and finally ends in
asserting the claims against the authorities of the displacing
country. Administrating and securing the claims also involves the
demand for support and diplomatic protection by the German
administration and authorities, the involvement of European
authorities, taking legal action where feasible and, last but not
least, public relation activities in order to gain public support.
The claimants need to pay a one-time trust enrolment fee plus extra
charges for special services, e.g. procurement of documents or
notarizations. Unfortunately the current financial situation limits
activities to the most important issues. These are, in short, the
registration and administration of claims, procurement of documents,
taking assertive action on behalf of the claimants against the
authorities of the expulsion countries and gaining the support of
additional claimants and shareholders by advertising activities.
In the cases of return or repurchase of confiscated properties a trust
administration of the process will be required. This can be done
either by the management or - as a more practicable approach - by
local partners. The costs incurred will have to be paid by the owners
who regain their property. A possibly subsequent trust administration
may involve the leasing of the property, perhaps to the latest
beneficiary. The proceeds from the lease would at least have to cover
all administrative expenses. Any profits beyond that would have to be
either administrated for the rightful owners or paid out to them.
Future activities
Once the first 1000 shareholders have joined, part-time employees may
be employed to support the management and general business activities.
Considering the number of possible prospects and supporters of our
organization the accumulation of sufficient capital seems achievable.
Yet it remains to be seen if enough people will join and how the
organization will develop. There is no extra risk in joining for
anybody. The already existing limited liability corporation, as the
general partner of the 4Preu_ische Treuhand GmbH & KG a.A., is liable
only to the extend of the liable equity. The partner-shareholders have
no risk except for the fees paid for shares and services.
Since the current German government openly refuses any support and
even intends to jeopardize the rightful demand for restitution by the
German displaced persons or their heirs, taking matters into our own
hands has simply become a necessity for everybody involved. In
addition, all supporters of the basic human homeland right for the
displaced persons and their heirs are called upon to support our
self-help organization.
The Preussische Treuhand shall, however, be a strategic instrument for
all displaced persons organizations, the victims themselves, and, all
others who are involved in this matter.
E-Mail:
email to Preussische Treuhand
