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Book 4 · Commercial transactions  ›  Division 1 · General provisions › Section 367

Section 367

(1) Where a bearer instrument that has been stolen from the owner, has been lost or is otherwise missing is sold or pledged to a merchant who operates a banking or money changing business, the good faith of such merchant is considered to be excluded if, at the time of the sale or pledge, notice of the loss of the instrument had been given by publication in the Federal Gazette and not more than one year has elapsed since the end of the year in which the announcement was made. In the case of publications before 1 January 2007, the Federal Gazette in paper form takes the stead of the Federal Gazette. Where endorsed in blank, debenture bonds made out to order, as well as registered shares and interim certificates are equivalent to bearer instruments.

(2) The good faith of the acquirer is not excluded by the publication pursuant to subsection (1) if, owing to special circumstances, the acquirer had no knowledge of the publication and their lack of knowledge is not due to gross negligence.

(3) These provisions do not apply to interest coupons, annuity coupons or dividend coupons which fall due no later than the next redemption date following the sale or pledge, to interest-free bearer instruments payable on demand, or to banknotes.

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