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Holocaust Victims' Assets Law (Restitution to Heirs and Dedication for Purposes of Assistance and Commemoration), 5766-2006

חוק נכסים של נספי השואה (השבה ליורשים והקדשה למטרות סיוע והנצחה), תשס"ו-2006

Published: 2006-01-03Consolidated Hebrew text as of 2025-08-14 · Last amended 2024-08-14✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter I: Interpretation

Purposes of the Law§

1.

The purposes of this Law are:

(1)to act to increase efforts to trace assets located in Israel that there is reason to believe are owned by persons who perished in the Holocaust, and to trace the heirs and other holders of rights in such assets, which are managed or held by the General Guardian or by another party, and to restore these assets to the heirs and holders of rights who have been traced;
(2)to bring about that assets referred to in paragraph (1), whose heirs and other holders of rights have not been traced despite efforts made to trace them, shall serve the purpose of providing assistance to Holocaust survivors and also the purposes of commemorating the memory of the Holocaust, transmitting it to future generations and perpetuating the memory of those who perished in the Holocaust, while giving priority to the purpose of assistance to Holocaust survivors.

Definitions§

2.

In this Law –

"managing person" means a person managing an asset by virtue of an Order issued under section 8 of the General Guardian Law;

"other holders of rights in assets" means excluding a creditor of a person who perished or of his heirs;

"transfer of an asset to the Company" means the transfer of an asset to the ownership of the Company or to the management of the Company, as the case may be, as detailed in the provisions of this Law;

"the Company" means the Company for the Tracing and Restitution of Assets of Holocaust Victims Ltd., established for the purpose of implementing the purposes of this Law, in accordance with the provisions of section 3;

"the Authority" means as defined in the Government Companies Law, 5735-1975;

"the Appointing Committee" means the committee established under the provisions of section 45;

"the Linkage Differentials and Interest Committee" means the committee established under the provisions of section 16;

"appeals committee" means the committee established under the provisions of section 27;

"General Guardian Law" means the General Guardian Law, 5738-1978;

"Companies Law" means the Companies Law, 5759-1999;

"Government Companies Law" means the Government Companies Law, 5735-1975;

"Trust Law" means the Trust Law, 5739-1979;

"commencement day" means the day of commencement of this Law;

"real property" means a right in real property or a right with respect to real property;

"securities" means as their meaning in the Companies Law, even if issued by a corporation that is not a company;

"asset" means real property, movable property and rights, including monies and securities;

"asset of a Holocaust victim" means an asset in which one of the following applies, excluding a German asset, as defined in section 2(e) of the German Assets Law, 5710-1950:

(1)it is located in Israel and the last known holder of rights therein is a person whose last known place of residence was in a territory which, on the 17th of Elul 5699 (1 September 1939), belonged to one of the states listed in the First Schedule, and it is not known whether the said holder of rights survived after the 27th of Tevet 5706 (31 December 1945), or it is known that he perished during the period from the 17th of Elul 5699 (1 September 1939) to the 27th of Tevet 5706 (31 December 1945) in such a territory;
(2)it is an asset which, pursuant to the provisions of section 21 of the General Guardian Law, is deemed as if a management Order has been issued in respect of it, excluding an asset in respect of which the General Guardian or the Company has determined that what is stated in paragraphs (1) and (3) does not apply; for this purpose, paragraph (1) shall be read as if after "and the last known holder of rights therein" it were stated "before it was vested in the Custodian of Enemy Property under the Trading with the Enemy Ordinance, 1939";
(3)it is the proceeds of an asset in which what is stated in paragraph (1) applied, provided that what is stated in paragraph (1) applies to such proceeds;

"Companies Ordinance" means the Companies Ordinance [New Version], 5743-1983;

"the special tracing process" means as its meaning in Section B of Chapter IV;

"the Minister" means the Minister of Justice.

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Chapter II: Establishment of the Company, its Purposes and Functions

Establishment of the Company§

3.
(a)For the purpose of implementing the purposes of this Law, a company shall be established under the provisions of the Companies Law, 5759-1999, which shall operate solely for the public purposes and functions detailed in section 4; the Company shall not be entitled to change its name or its purposes and functions, to add to them or to derogate from them.
(b)The Company shall not be entitled to distribute profits to its shareholders or to carry out a distribution in any other manner; for this purpose, "distribution" means as defined in the Companies Law, 5759-1999.
(c)The Company shall operate in accordance with the provisions of this Law, and the provisions of the Government Companies Law, 5735-1975, shall apply to it as stated in section 65, as well as the provisions of the Companies Law, 5759-1999, subject to what is stated in that section.
(d)The Registrar of Companies shall not register the Company in the companies register within the meaning of the Companies Law, 5759-1999, unless a certificate from the Authority has been submitted to him, confirming that the articles of association of the Company are consistent with the provisions of this Law.

Purposes and Functions of the Company§

4.
(a)The Company shall act and do all that is necessary in order to realise the purposes of this Law and to carry out its functions as detailed below:
(1)to carry out actions to trace assets of Holocaust victims and to transfer the assets traced to its possession, and to manage them in accordance with the provisions of this Law;
(2)to carry out actions to obtain information regarding assets of Holocaust victims and regarding the last known holders of rights therein, and also actions to trace the heirs and other holders of rights in such assets;
(3)to restore assets of Holocaust victims or their fair value to those entitled thereto, in accordance with the provisions of this Law;
(4)to provide assistance to Holocaust survivors who are in need thereof, including assistance in the areas of medicine, nursing care, welfare, psychological and financial support, and to support institutions and bodies whose purpose is assistance to Holocaust survivors (in this Law – the assistance purpose);
(5)to support institutions, bodies, activities and initiatives whose purposes are the commemoration, documentation, education and dissemination of the memory of the Holocaust, its transmission to future generations and the perpetuation of the memory of those who perished in the Holocaust, in accordance with the provisions of section 34(c) (in this Law – the commemoration purpose).
(b)In carrying out its functions as referred to in paragraphs (4) and (5) of subsection (a), the Company shall give priority to the use of assets for the assistance purpose over the use of assets for the commemoration purpose, and no assistance or support for these purposes shall be given to a State institution, including a local authority.
(c)The Company shall act to realise its purposes and to carry out its functions in accordance with the rules binding upon a person fulfilling a public function by law.

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Chapter III: Transfer of Assets of Holocaust Victims to the Ownership or Management of the Company

Section A: Transfer of Assets Managed under the General Guardian Law

Transfer of Assets to the Company by the General Guardian or a Managing Person§
5.
(a)
(1)An asset of a Holocaust victim, other than real property, which is managed on the commencement day by the General Guardian or by a managing person, shall be transferred to the ownership of the Company within a period of three months from the date of its establishment (in this Chapter – the transfer period);
(2)An asset referred to in this subsection that consists of monies or securities shall be transferred to the ownership of the Company together with linkage differentials and interest as determined by the Linkage Differentials and Interest Committee, and net of the management fees collected pursuant to the provisions of section 12 of the General Guardian Law up to the date of its transfer to the Company; notwithstanding what is stated in paragraph (1), the General Guardian or a managing person shall be entitled, with the consent of the Company, to transfer the linkage differentials and interest to the ownership of the Company in periodic instalments at dates different from those stated in paragraph (1), if the consent of the Company has been obtained;
(3)An asset referred to in this subsection that is not monies or securities shall be transferred to the ownership of the Company together with the fruits that accrued from it and were credited to the asset, and net of losses charged against the asset and of the management fees collected pursuant to the provisions of section 12 of the General Guardian Law.
(b)An asset of a Holocaust victim that is real property, which is managed on the commencement day by the General Guardian or by a managing person, shall be transferred to the management of the Company within the transfer period, together with the fruits that accrued from it and were credited to the asset, and net of losses charged against the asset and of management fees within the meaning of section 12 of the General Guardian Law, applicable to the asset, provided that no fee exceeding two per cent of the total value of the managed asset at the date of its transfer to the Company shall be paid; as long as the management fees referred to have not been paid, they shall constitute a first charge (security interest) on the said asset.
(c)An asset that the General Guardian or a managing person is required to transfer to the Company pursuant to the provisions of this section shall be transferred together with the documents and accounts relating to the asset that are in his possession, and any other information in his possession that may assist in tracing the heirs and other holders of rights in the asset.
(d)The Company shall assist the General Guardian in the process of transferring the assets to its possession as referred to in this section.
Late Transfer§
6.

An asset transferred to the management of the General Guardian or a managing person after the end of the transfer period, and the General Guardian or a managing person has found that the asset is an asset of a Holocaust victim, shall be transferred to the Company forthwith in accordance with the provisions of section 5.

Submission of an Account and Termination of the Period of Liability§
7.
(a)Within three months from the date on which the General Guardian or a managing person transferred an asset to the Company, he shall submit to the Company an account and shall deliver to it audited reports, as prescribed under section 15(b) of the General Guardian Law, in respect of the documents and accounts relating to the asset that were in his possession.
(b)The liability of the General Guardian and of a managing person in respect of an asset of a Holocaust victim shall terminate at the date of its transfer to the Company, and at that date the General Guardian or the managing person, as the case may be, shall be deemed to have received a certificate of discharge pursuant to section 15(c) of the General Guardian Law, provided that the reports have been submitted in accordance with the provisions of subsection (a); if the reports were submitted late – the liability of the General Guardian or of the managing person shall terminate upon submission of the reports.
Consequences of the Transfer of an Asset to the Company§
8.

Without derogating from the provisions of section 7(b), from the date of transfer of an asset to the Company, the Company shall stand in the place of the General Guardian or the managing person, as the case may be, in all matters relating to the asset and its management, including an application or proceeding for the release of the asset, and including a proceeding pending before a court in connection with rights in the asset or in respect of the asset.

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Section B: Transfer of Assets Not Managed under the General Guardian Law

Duty of Notification and Investigation§
9.
(a)A person, other than the General Guardian or a managing person, who holds or manages an asset of a Holocaust victim or an asset that he has reasonable grounds to believe is an asset of a Holocaust victim, and also a public servant who became aware, in the course of performing his duties, that an asset is an asset of a Holocaust victim, shall notify the Company thereof within 30 days from the day on which the Company published a notice as referred to in subsection (d) or from the day on which he had reasonable grounds to believe that it is such an asset, whichever is the later, and shall provide the Company with the particulars known to him regarding that asset.
(b)If the General Guardian became aware, before or after the commencement day, of an asset, by way of a notification pursuant to section 5(a) of the General Guardian Law or by way of a notification pursuant to section 2 of the Law for the Protection of Deposited Property, 5725-1965, or in any other manner, and had reasonable grounds to believe that the asset is an asset of a Holocaust victim, he shall notify the Company thereof within 30 days from the date of establishment of the Company or from the day on which he had reasonable grounds to believe that the asset is such an asset, whichever is the later, and shall provide the Company with the particulars known to him regarding that asset.
(c)The Company shall conduct an investigation and collect evidence in order to trace assets of Holocaust victims that have not yet been transferred to it and that are not managed by the General Guardian or by a managing person.
(d)Upon its establishment, the Company shall publish, in two daily newspapers in the Hebrew language with wide circulation in Israel, on its internet website and in other places as it may see fit, a notice that shall include an explanation of the duty incumbent upon a person who holds or manages an asset of a Holocaust victim or an asset that he has reasonable grounds to believe is an asset of a Holocaust victim, pursuant to the provisions of subsection (a).
(e)In this Chapter, "holds" means whether the direct control over the asset is in his hands or whether the direct control over the asset is in the hands of a person holding the asset on his behalf.
Transfer of Assets to the Company by Another Person§
10.
(a)
(1)If the Company received a notification of an asset pursuant to section 9(a) or (b) and found that it is an asset of a Holocaust victim, or if the Company became aware, as a result of an investigation as referred to in section 9(c), of an asset of a Holocaust victim, it shall notify every person known to it to be holding or managing the asset that he is required to transfer the asset to it, pursuant to the provisions of this section, together with the fruits that accrued from it or together with linkage differentials and interest as referred to in paragraph (2), as the case may be, within 60 days; the Company shall state in the notice that upon the expiry of the period for the transfer of the asset, ownership or management thereof shall pass to the Company pursuant to the provisions of section 14;
(2)If the asset of a Holocaust victim is monies or securities, the Company shall specify in its notice the amount of the linkage differentials and interest that must be added to the asset according to the determination of the Linkage Differentials and Interest Committee;
(3)If the asset of a Holocaust victim is proceeds as referred to in paragraph (3) of the definition of "asset of a Holocaust victim", the provisions applicable to a holder of an asset shall apply to the person who received the proceeds;
(4)A person transferring an asset pursuant to this section shall be entitled –
(a)to transfer the linkage differentials and interest to the ownership of the Company in periodic instalments at dates different from those stated in paragraph (1), if the consent of the Company has been obtained;
(b)to deduct from the asset expenses charged against the asset as a result of investment actions he made in it, provided that he has accounts, receipts or other evidence attesting to their expenditure.
(b)A person who has received a notice from the Company pursuant to subsection (a) shall transfer the asset to the Company in accordance with its notice, unless he has notified within 30 days from the date of receipt of the notice that he disputes the asset being an asset of a Holocaust victim, and has set out the claims upon which he relies, together with documents supporting his claims; however, a holder or manager of an asset who has not given such notice shall not be precluded thereby from applying to a court with the claim that the asset is not an asset of a Holocaust victim.
(c)An asset that is real property shall be transferred pursuant to the provisions of this section to the management of the Company, and an asset that is not real property shall be transferred as aforesaid to the ownership of the Company.
(d)An asset that a person is required to transfer to the Company pursuant to the provisions of this section shall be transferred together with the documents and accounts relating to the asset that are in the possession of that person, and any other information in his possession that may assist in tracing the heirs and other holders of rights in the asset.
Application to a Court§
11.
(a)If a person has notified the Company pursuant to the provisions of section 10(b) that he disputes the asset being an asset of a Holocaust victim, and after the Company has examined his claims it was not persuaded of their validity, the Company shall apply to the District Court in Jerusalem by way of originating motion requesting a declaration that the asset is an asset of a Holocaust victim and an order that the holder or manager of the asset transfer it to the Company as required in the Company's notice pursuant to section 10.
(b)
(1)If a person disputes the manner in which the Company calculated the linkage differentials and interest that he is required to add to the asset, and after the Company has examined his claims and notified him that it was not persuaded of their validity, he may appeal against the manner of calculation as aforesaid before the District Court in Jerusalem by way of originating motion; nothing stated in this paragraph shall permit an appeal against the determination of the Linkage Differentials and Interest Committee;
(2)The originating motion shall be filed within 30 days from the date of receipt of the Company's notice that it rejects his claims;
(3)The court shall not hear the originating motion unless it has satisfied itself that the asset and that part of the linkage differentials and interest that is not in dispute have been transferred to the Company.
Termination of the Period of Liability§
12.

The liability of a person who held or managed an asset of a Holocaust victim that was transferred to the Company shall terminate at the date on which possession of the asset was delivered to the Company, together with the fruits of the asset or the linkage differentials and interest, the documents, accounts and information, as referred to in section 10, whichever is the later.

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LawReal Estate & LandWelfare & Social Security

חוק נכסים של נספי השואה (השבה ליורשים והקדשה למטרות סיוע והנצחה), תשס"ו-2006

Holocaust Victims Assets Law

nechesim shel nifgei hashoah

HVA Law

Holocaust restitution law

Shoah victims property law

Holocaust assets restitution

nechesim shoah

Holocaust heirs law

5766-2006

Holocaust commemoration law