Accounting Amendment Act 2014 - Räg 2014

Original Language Title: Rechnungslegungs-Änderungsgesetz 2014 – RÄG 2014

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22. Federal Law, with which the Company Code, the Stock Corporation Act, the GmbH Act, the Cooperative Act, the Cooperative revision Act 1997, the SE Act, the Law of Associations and the Income Tax Act 1988 will be amended (Accounting Amendment Act 2014-RÄG 2014)

The National Council has decided:

table of contents

Article 1

Amendment of the Company Code

Article 2

Amendment of the Stock Corporation Act

Article 3

Change of the GmbH-Act

Article 4

Amendment of the Cooperative Law

Article 5

Amendment of the Cooperative revision Act

Article 6

Amendment of the SE Act

Article 7

Amendment of the Vereinsgesetz

Article 8

Amendment of the Income Tax Act 1988

Article 1

Amendment of the Company Code

The Company Code of Law-UGB, dRGBl. 219/1897, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 83/2014 (GesbR-RG), shall be amended as follows:

(1) § 131 is amended as follows:

(a) Z 3 is:

" 3.

by the final opening of the bankruptcy proceedings concerning the assets of the company, by the amendment of the name of the reorganisation procedure in bankruptcy proceedings or by the final non-opening or annulment of the insolvency proceedings lack of cost-covering assets; "

(b) Z 5 is:

" 5.

by the final opening of the bankruptcy proceedings relating to the assets of a shareholder, by the amendment of the name of the reorganisation procedure in bankruptcy proceedings or by the final non-opening or annulment of the Insolvency proceedings in the absence of cost-covering assets; "

1a. In Section 189 (1), the text of the Z 2 is given the number designation "3" , the Z 1 and 2 are:

" 1.

Capital companies;

2.

Partnerships in which:

a.

all direct or indirect shareholders, with otherwise unrestricted liability, are in fact liable only to a limited degree because they are either capital companies within the meaning of Annex I to Directive 2013 /34/EU on the annual accounts, the Consolidated financial statements and related reports of companies of certain types of law and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing Directives 78 /660/EEC and 83 /349/EEC, OJ L 73, 14.3.2006, p. No. OJ No L 182, 29. 6. 19 ('the Balance Sheet '), are or are companies which are not governed by the law of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, but which are not subject to the law of a Member State of the European Union. legal form which is comparable to that referred to in Annex I to Directive 2013 /34/EU; or

b.

no unrestricted shareholder is a natural person and who is engaged in business activities; "

2. In § 189 (2), the reference " 1 Z 2 " by reference " 1 Z 3 " and in Section 189 (4), the reference " 1 Z 1 " by reference " 1 Z 2 " replaced.

3. In accordance with § 189, the following § 189a and title is inserted:

" Definitions

§ 189a. The following definitions shall apply to the third book:

1.

Companies of public interest:

a.

Undertakings whose transferable securities are admitted to trading on a regulated market of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, as defined in Article 4 (1) (21) of the Directive 2014 /65/EU on markets in financial instruments and amending Directives 2002/92/EC and 2011 /61/EU, OJ L 136, 31.5.2002, p. No. OJ No L 173, 12. 6. 349, are approved;

b.

Capital companies which credit institutions within the meaning of Article 4 (1) (1) of Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 646/2012, OJ L 124, 20.5.2012, p. No. OJ No L 176, 27. 6. 1-with the exception of the provisions of Article 2 (5) of Directive 2013 /36/EU on access to the activities of credit institutions and the supervision of credit institutions and investment firms, amending Directive 2002 /87/EC and repealing the Directives 2006 /48/EC and 2006 /49/EC, OJ L 124, 20.4.2006, No. OJ No L 176, 27. 6. 338, referred to as credit institutions;

c.

Capital companies, the insurance undertakings within the meaning of Article 2 (1) of Directive 91 /674/EEC on the annual accounts and consolidated accounts of insurance undertakings, OJ L 327, 31.12.1991, p. No. OJ No L 374, 31. 12. P. 7, or

d.

undertakings which, irrespective of their legal form, are referred to as such in a federal law with reference to that provision;

2.

Participation: shares in another undertaking intended to serve its own business operation by establishing a permanent link with that undertaking, whether or not the shares are securitised in transferable securities or not; participation in another undertaking shall be presumed if the share of the capital is 20% or above; § 244 (4) and (5) on the calculation of the shares shall be applied; the participation as an unlimited liable Shareholders in a personal company shall always be considered as participating;

3.

The amount to be paid by an acquirer of the entire undertaking as part of the total purchase price for the property in question or the debt in question; it is to be assumed that the acquirer is the undertaking continue;

4.

fair value: the exchange rate or market value; in the case of financial instruments, the market value of which cannot readily be determined as a whole from the market values of the individual components of the financial instrument or the market value for an instrument Similar financial instrument derived value; if a reliable market cannot easily be identified, the value determined by means of generally accepted valuation models and methods, provided that such models and methods are appropriate ensuring convergence of market value;

5.

sales revenue: the amounts resulting from the sale of products and the provision of services after deduction of revenue and turnover taxes and other taxes directly related to turnover;

6.

Parent undertaking: a company which has one or more subsidiaries in the sense of section 244;

7.

subsidiary: an undertaking which is directly or indirectly controlled by a parent undertaking within the meaning of section 244;

8.

Related undertakings: two or more undertakings within a group, one group forming the parent undertaking and all its subsidiaries;

9.

associated undertaking: an undertaking in which another undertaking holds a holding and whose business and financial policies are significantly influenced by the other undertaking; it is presumed that a company is a key undertaking influence on another undertaking, provided that the company owns 20% or more of the voting rights of the shareholders or members of that company;

10.

Essential: the status of information if it is reasonably expected that their omission or erroneous indication will affect decisions taken by users on the basis of the annual or consolidated financial statements. The materiality is dependent on the size or the specific property of the item or the accuracy of the indication. Even if a single item may be considered to be insignificant in itself, several insignificant similar items may be considered to be essential together;

11.

Investment firms:

a.

undertakings whose sole purpose is to invest their funds in transferable securities or immovable property of different types or in other values with the sole aim of distributing the risk of investments and of their shareholders or members in the profit from the management of their assets;

b.

Companies that have been with companies after lit. a with fixed capital, provided that the sole purpose of these associated companies is fully paid-in shares, which are made by the companies according to lit. (a), without prejudice to Article 22 (1) (h) of Directive 2012/30/EU on the coordination of safeguards which, within the meaning of Article 54 (2) of the Treaty, shall be applied in the Member States to companies the functioning of the European Union, in the interests of members and third parties, are required for the formation of the public limited liability company and for the maintenance and alteration of its capital in order to make these provisions equivalent, OJ L 327, 31.12.2002, p. No. OJ No L 315, 14. 11. 2012 p. 74;

12.

Holding company: undertakings whose sole purpose is to acquire holdings in other undertakings and to administer and exploit such holdings without being directly or indirectly involved in the management of such holdings; of these companies, without prejudice to the rights which they are entitled to in their capacity as shareholders. "

4. In accordance with § 196, the following § 196a together with the heading is inserted:

" Economic Content, Materiality

§ 196a. (1) The items in the annual accounts shall be accounted for and presented, taking account of the economic content of the transactions concerned or of the agreements concerned.

(2) The requirements for the annual accounts in respect of presentation and disclosure do not have to be fulfilled if the effect of their compliance is insignificant. "

5. In § 198 (1) the turn-of-the-turn "the untaxed reserves," .

6. In § 198 (7) the first sentence reads as follows:

"If the repayment amount of a liability at the time of its establishment is higher than the amount of the expenditure, the difference in the balance of the accounts shall be recorded on the assets side and shall be disclosed separately."

7. In § 198 (8) Z 3 the phrase "Amounts of minor importance" through the phrase "non-essential amounts" replaced.

8. § 198 (9) and (10) are:

" (9) The existence of differences between the corporate and tax-legal value of assets, provisions, liabilities and accounting items, which are likely to be held in subsequent financial years. , in the event of a total tax burden resulting from this, it shall be used as a provision for deferred tax liabilities in the balance sheet. In the event of a tax relief, medium-sized and large companies have in the sense of § 189 (1) (1) and (2) (2) (2) (2). a) as active deferred taxes (§ 224 para. 2 D) in the balance sheet; small companies within the meaning of section 189 (1) (1) and (2) may only do so in so far as they decode the uncalculated loading and unloading operations in the appendix. For future tax claims arising from tax loss presentations, deferred taxes may be applied to the extent to which adequate passive deferred taxes are present or where there are convincing substantial indications that: a sufficient taxable result will be available in the future; in this case, the substantial information justifying the approach is also included in the indication in accordance with Section 238 (1) (3).

(10) The assessment of the differences referred to in paragraph 9 shall be based on the amount of the estimated tax and discharge of subsequent financial years; the amount shall not be deducted from the amount. An offsetting of active deferred taxes with passive deferred taxes is not to be carried out in so far as an offsetting of the actual tax refund claims with the actual tax liabilities is not legally possible. Deferred taxes are not to be taken into account as far as they arise

1.

from the first-time approach of a business (firms); or

2.

from the initial recognition of an asset or a debt in the event of a business incident that

a)

is not a spin-off within the meaning of section 202 (2) or acquisition in the sense of Section 203 (5), and

b)

at the time of the transaction, neither the accounting result before tax nor the taxable result (the tax loss);

3.

in connection with shares in subsidiaries, associates or joint ventures in the sense of Section 262 (1), if the parent undertaking is able to control the temporal course of the dissolution of the temporary differences, and it is probable that the temporary difference will not dissolve in the foreseeable future.

The designated items shall be disbursed in so far as the tax or discharge is no longer to be expected or no longer to be reckon with. The expense or income from the change of deferred taxes accounted for in the profit and loss account shall be shown separately under the heading "Tax on income and income". "

9. The title of the third title is:

"Approach and evaluation"

10. In the heading to § 201 the word order is deleted "the evaluation" .

11. In § 201 para. 2 Z 1 the word "valuation methods" through the phrase "Accounting and evaluation methods" replaced.

12. According to § 201 (2) Z 6 the following Z 7 is inserted:

" 7.

Where the determination of a value is possible only on the basis of estimates, it shall be based on a prudent assessment. If there are statistically significant empirical values from the same facts, they must be taken into account. "

13. The final sentence in § 201 (2) is deleted; the following paragraph 3 is added:

" (3) A deviation from these principles is only in the presence of special circumstances and in compliance with the objective described in § 195 third sentence, in the case of companies within the meaning of section 189 (1) (1) and (2) only in compliance with the provisions of section 222 (2). the first set of circumscribed objectives shall be allowed. The companies listed shall indicate the deviation in the Annex and shall justify their influence on the assets, financial position and performance of the enterprise. "

14. In § 203 (3), the second sentence reads:

"In the calculation of the production costs, appropriate parts shall also be included in the individual product only indirectly attributable to fixed and variable overhead costs, to the extent to which they are accounted for during the production period."

15. § 203 (4) reads:

' (4) Interest on debt which is used to finance the production of assets of the plant or the orbiting assets may be applied within the limits of production costs, insofar as they are accounted for by the period in which the goods are manufactured. The application of this right to vote shall be indicated in the Annex; medium-sized and large companies (Article 221 (2) and (3)) shall also indicate in the Annex the total amount activated in the financial year after that provision. "

16. The following sentences are added to § 203 (5):

" In cases where the useful life of the business (companies) value cannot be estimated reliably, the business (companies) value is to be written off evenly over 10 years. The appendix shall explain the period of time on which the business (firms) value is written off. "

17. According to section 204 (1), the following paragraph 1a is inserted:

"(1a) The cost of the purchase or production of low-value assets of the abuseable fixed assets may be fully written off in the year of purchase or manufacture."

18. In § 204 (2), the first sentence reads:

" Assets of fixed assets are expected to be deducted from the lower value at the lower end of the reporting date in the event of an impairment loss which is likely to be permanent, regardless of whether its use is limited in time; in financial assets, which are not participations, the depreciation shall take place at the lower fair value. "

19. § 205 shall not be taken with the title.

20. § 206 (3) reads:

" (3) In exceptional cases, the prohibition of the inclusion of the costs of the general administration and distribution (§ 203 (3) last sentence) leads to the fact that an image of the assets, financial position and profit situation as faithfully as possible also with additional attachment details (Section 222 (2)), it is not possible to arrange for appropriate parts of the administrative and distribution costs for contracts for which the execution extends over more than twelve months, if a reliable cost accounting is available and as far as the further order processing does not threaten any losses. The application of this provision shall be indicated in the Annex and shall be justified and its influence on the assets, financial position and performance of the company; at the same time, the total amount of the costs of production costs shall be: "

21. § 207 reads:

" § 207. In the case of circulatory assets, depreciation must be carried out in order to be used with the lower time value which is to be attached to them at the end of the closing date. If the fair value is not to be established and the cost of the acquisition or production exceeds the fair value, the property shall be written down to this value. "

22. § 208 (2) reads:

"(2) Paragraph 1 shall not apply to depreciation of the business (companies)."

Section 208 (3) is deleted.

24. In Section 209 (1), the phrase "of minor importance" through the turn "not essential" replaced.

25. § 211 reads:

" § 211. (1) Liabilities are at their fulfilment amount to set pension obligations to the cash value of future disbursements. Provisions shall be made with the amount of the amount to be estimated in the best possible way. Provisions for handling obligations, pensions, jubilee commitments or comparable long-term obligations shall be based on the amount resulting according to actuarial principles.

(2) reserves with a residual maturity of more than one year shall be subject to a market rate interest rate. In the case of provisions for handling obligations, pensions, jubilee commitments or comparable long-term commitments, an average market interest rate may be applied, with an assumed residual maturity of 15 years, provided that there are no significant concerns in the individual case. "

26. In § 212 (1), the reference "§ 189 (1)" by reference "§ 190" replaced.

27. In § 216 the reference "§ 189 (3)" by reference "§ 190 (5)" replaced.

28. In the title of the second section, the parenthesis is omitted. "(limited liability companies and companies with limited liability)" .

29. In § 221 (1) the amount shall be "4.84 million" by the amount "5 million" and the amount "9.68 million" by the amount "10 million" replaced.

30. According to Article 221 (1), the following paragraph 1a is inserted:

" (1a) Micro-capital companies are small capital companies which are not investment companies or investment companies and do not exceed at least two of the following three characteristics:

1.

EUR 350,000 balance sheet total;

2.

EUR 700,000 in sales revenue in the twelve months preceding the closing date;

3.

an annual average of 10 employees. "

31. In § 221 (2) the amount shall be "19.25 million" by the amount "20 million" and the amount "38.5 million" by the amount "40 million" replaced.

32. In § 221 (3), the second sentence reads:

"A company of public interest (§ 189a Z 1) is always regarded as a large capital company."

Section 221 (4) reads as follows:

" (4) The legal consequences of size characteristics (par. 1 to (3) first sentence) shall occur from the following financial year, if these characteristics are exceeded or no longer exceeded on the closing dates of two consecutive financial years. In the case of the re-establishment and re-establishment (merger, transformation, introduction, merger, reallocation or division), except in the case of a change in the legal form, the legal consequences are already established if the size characteristics at the first The closing date after the re-establishment or re-establishment shall be available, including in the case of the operation of a holding or a partial operation, if the size characteristics are undershot by at least half. "

34. According to Article 221 (4), the following paragraph 4a is inserted:

"(4a) Companies which are parent companies (§ 189a Z 6) shall have to calculate the thresholds in accordance with paragraphs 1 to 2 on a consolidated or aggregated basis."

Article 221 (5) reads as follows:

" (5) A personal company within the meaning of section 189 (1) (2) is subject to the legal form of its unlimited shareholder with regard to the facts regulated in § § 222 to 227, § 229 (1) to (3), § § 230 to 243b and § § 268 to 285 , the provisions applicable to companies with limited liability shall apply. '.

36. In § 221, paragraph 7, the reference " 1 and 2 " by reference " 1 to 2 " replaced.

37. In the title of the second title, after the word order "Corporate Governance Report" the phrase "and the report on payments to public authorities" inserted.

38. In Section 222 (1), the wording of the text shall be deleted. "(§ 243b)" and become after the word order "a Corporate Governance Report" the phrase "and a report on payments to public authorities" as well as following the phrase "the Corporate Governance Report" the phrase "and the report on payments to public authorities" inserted.

39. The following paragraph 3 is added to § 222:

" (3) In exceptional cases, the application of a accounting rule laid down in this Federal Act leads to the fact that an image as faithfully as possible of the assets, financial position and earnings situation of the company also with additional information pursuant to paragraph 2 does not apply. , it may be ordered by Regulation that the provision in question is not to be applied in so far as it is necessary to give as true a picture as possible of the assets, financial position and profit situation of the undertaking mediating. Such a regulation must be adopted by the Federal Minister of Justice in agreement with the Federal Minister of Finance; it has to define the exceptional cases and to specify the nature and extent to which the provision must be waived, as well as the necessary apportions. "

40. In Section 223 (3), in the first sentence, the line point shall be replaced by a period, the following half-sentence shall be deleted, and the second sentence shall read:

"Companies which are not small shall specify and justify the addition in the Annex."

41. In § 223, para. 4, second sentence, after the word order "Additional items" the phrase "and subtotals" inserted.

42. In Section 224 (2), the following item is added:

" D. Active deferred taxes. "

43. In Section 224 (3), the item is deleted "B." and the immediately following items "1." and "2." ; the item "C." is given the name "B." , the post "D." is given the name "C." and the post "E." the designation "D." .

Section 225 (3) reads as follows:

" (3) The amount of claims with a residual maturity of more than one year shall be recorded in the balance sheet for each item shown separately. Where the item 'other assets and assets' includes income which becomes effective only after the closing date, companies which are not small shall explain these amounts in the Annex if they are not Information is essential. "

45. In § 225 (4) the word "is" through the phrase "have societies that are not small," replaced.

Section 225 (5) reads as follows:

"(5) shares in parent companies are to be shown in a separate item entitled" Shares in parent companies ", depending on their intended purpose in fixed assets or in the circulation capacity. At the same level, a reserve is to be shown separately on the liabilities side. This reserve may be constituted by dedicating freely available capital and profit reserves to the extent that such reserves exceed a profit loss. It shall be disregarded in so far as these shares are eliminated from the assets or a lower amount is paid for them. "

47. § 225 (6) reads:

" (6) The amount of the liabilities with a remaining maturity of up to one year and the amount of liabilities with a remaining maturity of more than one year shall be given separately for items C 1 to 8 and for those items as a whole. Payments received on orders are, in so far as payments to inventories are not dismissed from individual items of inventories, to be disclosed separately under the liabilities. If the item "other liabilities" includes expenses which become effective only after the closing date, companies which are not small shall explain these amounts in the Annex if such information is essential is. "

48. § 225 (7) reads:

"(7) Companies which are not small shall, in the case of land, indicate the basic value in the balance sheet or indicate in the Annex."

Section 226 (1) reads as follows:

" (1) In the Annex, the development of the individual assets of the fixed assets shall be presented. For the various items of fixed assets, the following shall be stated separately:

1.

the cost of acquisition or production at the beginning and end of the financial year;

2.

the access to and departure and rebookings during the course of the financial year;

3.

the accumulated amortisation at the beginning and end of the financial year;

4.

the annual and attributions of the financial year;

5.

the movements in depreciation and amortisation associated with access to and departure and changes in the course of the financial year; and

6.

the amount activated in the course of the financial year, if interest is activated in accordance with Section 203 (4). "

Section 226 (2) is deleted.

51. In § 226 (3) the phrase is deleted "and according to § 205 (1) there is no proof of an untaxed reserve in this respect" .

52. In § 226 (5), the first sentence reads:

"Companies which are not small shall indicate the amount of a flat-rate adjustment to claims for the corresponding item of the balance sheet in the Annex."

53. In § 227, the second sentence reads:

"Societies which are not small shall specify lending periods with a residual maturity of up to one year in the Annex."

54. § 228 deleted with title.

55. In § 229, the subparagraphs 1.1a and 1b are:

" (1) The nominal capital is to be used on the liabilities side with the amount of deposits taken. The outstanding deposits which have not been requested shall be disburted by this item. Companies that use a green-duty alloy (§ 10b GmbHG) also have to expel the amount that the shareholders are not obliged to do pursuant to Section 10b (4) of the GmbHG (German Act on the Founding of the German Founding Member). The amount requested, but not yet paid, shall be indicated separately under the claims and shall be designated accordingly.

(1a) The nominal amount or, if such a non-existence is not present, the calculated value of acquired own shares is to be deducted in the pre-column from the item of nominal capital. The difference between the nominal value or the calculated value of these shares and their acquisition costs shall be offset by the unbound capital reserves and the free profit reserves (Section 224 (3) A II Z 2 and III Z 3). Expenses incurred by the acquisition costs are the expense of the financial year. An amount corresponding to the nominal value or to the calculated value of the acquired own shares shall be set in the bound reserves. § 192 para. 5 AktG is to be applied.

(1b) After the sale of the company's own shares, the identity card of the first sentence of the first sentence shall be omitted. A difference in the nominal value or the calculated value from the disposal proceeds shall be adjusted up to the amount of the amount of the available reserves as referred to in paragraph 1 (a) of the second sentence in the respective reserves. An additional difference shall be set in the capital reserve referred to in paragraph 2 Z 1. The additional costs of the divestment are expenses of the financial year. The reserve referred to in the fourth sentence of paragraph 1a shall be resolved. "

56. In Section 229 (3), the word order is deleted "after taking into account the change of untaxed reserves" .

57. In § 229 (4), after the word "have" the twist "in accordance with the following paragraphs 5 to 7" inserted.

58. In § 229 (6), the word order is deleted "after taking into account the change of untaxed reserves" .

59. § 230 shall not be included in the title.

60. In § 231 (2) (4), after the order of the word "Operating Income" A dash and the twist "whereby companies which are not small shall be obliged to depart the following amounts:" inserted.

61. In § 231 (2) the Z 6 reads:

" 6.

Personnel expenses:

a)

wages and salaries, with non-small companies having to be separated from each other by wages and salaries;

b)

social expenditure, of which expenditure on retirement provision, whereby companies which are not small must also have the following amounts in addition separately:

aa)

expenses for the delivery of goods and services to employee pension funds;

bb)

Expenses for statutory social charges and charges related to remuneration and compulsory contributions; "

62. In § 231 (2) the Z 8 reads:

" 8.

other operating expenses, where non-small companies do not have to pay taxes, in so far as they do not fall under Z 18; "

63. In § 231 (2), the introduction rate of the Z 14 is:

" 14.

Expenses from financial assets and from securities of circulation, of which companies which are not small have to be identified separately: "

64. In § 231 (2) the Z 17 to 26 are:

" 17.

Earnings before taxes (subtotal from Z 9 and Z 16);

18.

Taxes on income and income;

19.

Result after tax;

20.

other taxes, unless included in items 1 to 19;

21.

Annual surplus/annual error,

22.

the resolution of capital reserves;

23.

the resolution of retained earnings;

24.

Allocation to profit reserves;

25.

Profit/loss lecture from the previous year;

26.

Balance sheet profit (balance sheet loss). "

65. In § 231 (2), the Z 27 to 29 are deleted.

66. In § 231 (3), the Z 4 to 6 are:

" 4.

distribution costs;

5.

general administrative costs;

6.

Other operating income, whereby companies which are not small shall depart from the following amounts:

a)

income from the demise of and the amortiation of fixed assets other than financial assets,

b)

Proceeds from the dissolution of provisions,

c)

rest; "

67. In Section 231 (3), the entry rate of Z 13 is:

" 13.

Expenses from financial assets and from securities of circulation, of which companies which are not small have to be identified separately: "

68. In § 231 (3), the Z 16 to 25 are:

" 16.

Earnings before taxes (subtotal from Z 8 and Z 15);

17.

Taxes on income and income;

18.

Result after tax;

19.

other taxes, unless included in items 1 to 18;

20.

Annual surplus/annual error,

21.

the resolution of capital reserves;

22.

the resolution of retained earnings;

23.

Allocation to profit reserves;

24.

Profit/loss lecture from the previous year;

25.

Balance sheet profit (balance sheet loss). "

69. In § 231 (3), the Z 26 to 28 are deleted.

70. According to Article 231 (3), the following paragraphs 4 and 5 are added:

" (4) The formation of subtotals (with the exception of those according to paragraph 2 (2) (19) and (3) (3) (18)) shall not be allowed for small companies.

(5) As an alternative to the statement in the profit and loss account, changes in the capital and profit reserves may also be shown in the Annex. In this case, the profit and loss account shall end with the item "net income/year of absence". "

71. § 232 (1) deleted.

72. In Section 232 (2), the point of reticle shall be replaced by a point; the half-sentence shall be deleted after the line-point.

73. In § 232, paragraph 3, the reference "§ 231 (2) (28) or § 231 (3) (3) (27)" by reference "§ 231 para. 2 Z 25 or § 231 para. 3 Z 24" replaced.

74. § 232 (4) is deleted.

75. § 233 shall not be taken with the title.

76. In § 234, the second sentence reads:

"Companies which are not small shall have separately issued income from tax credits and from the liquidation of tax provisions which are not used in accordance with their determination, insofar as they are essential (§ 189a Z 10)."

§ 235 reads:

" Section 235. (1) Profits shall not be distributed as far as they arise from the liquidation of capital reserves which, by means of conversion, shall be based on the fair value of the difference between the carrying amount and the higher value of the difference between the carrying amount and the higher value of the profit. the value to be provided. This amount shall be reduced to the extent that the difference in consequence shall, in particular, be caused by depreciation or amortisation, in accordance with § § 204 and 207 or by book-value offsets, irrespective of the resolution of the underlying Capital reserves are reduced.

(2) In the case of activation of deferred taxes in accordance with § 198 (9), profits may also be distributed only to the extent that the remaining reserves which remain open at any time plus a profit and minus a profit before the activation are activated. Amount at least equal to. "

§ § § 236 to 238 are together with the headings:

" Presentation of the balance sheet and of the profit and loss account

§ 236. The Annex shall explain the balance sheet and the profit and loss account, as well as the accounting policies applied thereto, in such a way as to give as true a picture as possible of the assets, financial position and profit situation of the enterprise. A small company does not need to make any of the requirements laid down in this Federal Act, in so far as they do not apply to accounting rules for companies of certain types of law, which are governed by the acts of the European Union. The statements of attachment shall be made in the order in which the items are presented in the balance sheet and in the profit and loss account.

Content of the Annex for all companies

§ 237. (1) In addition to the information provided pursuant to other provisions of this Federal Law, each company shall provide the following information in the notes:

1.

accounting policies; these include, in particular, the basis for assessment of the various items, an indication of the compliance of these accounting policies with the concept of corporate management, and significant changes in accounting policies, including the bases for the conversion into euro, to the extent that the items are based on amounts denominated or originally denominated in a different currency;

2.

in place of the endorsement under the balance sheet, the total amount of liability conditions (§ 199) as well as other essential financial obligations which are not to be shown on the liabilities side, even if they are equivalent to equivalent recourse claims , as well as the nature and form of any collateral security granted; any pension obligations and obligations to affiliated or associated undertakings shall be noted separately;

3.

the amounts of advances and loans granted to the members of the Management Board and the Supervisory Board, indicating the interest, the essential conditions and, where appropriate, the sums repaid or adopted, and the amounts paid in favour of such persons the liability conditions received. This information shall be summed up for each of these categories of persons;

4.

the amount and nature of the individual items of income or effort of extraordinary magnitude or of exceptional importance;

5.

the total amount of liabilities with a remaining maturity of more than five years and the total amount of liabilities for which collateral assets are ordered, specifying the type and form of security;

6.

the average number of employees during the financial year;

7.

Name and registered office of the parent company of the company, which establishes the consolidated financial statements for the smallest circle of companies.

(2) In addition, small public limited liability companies have to make an indication in accordance with Section 238 (1) (11) of the Annex.

Commitments for medium-sized and large companies

§ 238. (1) In addition, medium-sized and large companies shall indicate in the Annex:

1.

for each category of derivative financial instruments:

a)

the nature and extent of the financial instruments;

b)

the fair value of the financial instruments concerned, in so far as it can be reliably determined in accordance with Article 189a (4), specifying the valuation method used and any existing book value and the balance sheet, in which is the carrying amount of the book;

2.

Financial instruments belonging to the financial assets which are shown above their fair value if an off-schedule depreciation is not carried out in accordance with Section 204 (2), second sentence:

a)

the carrying amount and fair value of the individual assets or appropriate groupings, and

b)

the reasons for the ominating of a depreciation pursuant to section 204 (2) and those indications indicating that the impairment is not likely to be permanent;

3.

which differences or tax losses are based on deferred taxes and on which tax rates the valuation has been carried out; the movements of the deferred tax balances during the course of the financial year must also be disclosed;

4.

The name and registered office of other undertakings in which the company or for whose account a different person holds a holding (Article 189a (2)); the amount of the share in the capital, the equity and the result of the last financial year of the latter shall also be: indicate the undertaking for which an annual financial statement is available;

5.

the existence of forms of participation, right of enjoyment, convertible bonds, warrants, options, certificates or similar securities or rights, indicating the number and rights they have;

6.

the name, registered office and legal form of the undertakings, the unrestricted members of which are the company;

7.

the name and registered office of the parent company of the company, which shall establish the consolidated financial statements for the largest group of undertakings;

8.

in the case of disclosure of the consolidated financial statements drawn up by the parent companies pursuant to Z 6 and Section 237 (1) Z 7, the places where they are available;

9.

the proposal to use the result or, where appropriate, the use of the result;

10.

The nature, purpose and financial impact of the transactions not included in the balance sheet and also not to be issued in accordance with Article 237 (1) (2) (2), provided that the risks and benefits arising from such transactions are essential and the disclosure of such transactions is essential. the risk and benefits of assessing the financial position of the company is necessary;

11.

the nature and financial impact of major events after the closing date, which are not taken into account either in the profit and loss account or in the balance sheet;

12.

Business of the company with related undertakings and persons in the sense of the rules laid down in Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards, OJ L 327, 30.1.2002, p. No. 1, international accounting standards adopted, including information on the value of the accounting standards, on the nature of the relationship with the related parties and persons, as well as further information on the transactions carried out for the purposes of the To assess the financial position of the company, provided that such transactions have been concluded substantially and in accordance with normal market conditions. Information on individual transactions can be summarised by business type, provided that no separate information is required for the assessment of the impact of these transactions on the financial situation of the company. Transactions between affiliated undertakings shall be excluded if the subsidiaries involved in the operations are directly or indirectly owned by their parent undertaking;

13.

in the application of the sales cost procedure (section 231 (3)), the expenses of the financial year for material and other related manufacturing services, broken down in accordance with section 231 (2) (5), and the personnel expenses of the financial year, broken down according to § 231 2 (2) (6);

14.

the breakdown of the liability conditions and explanations to be issued in accordance with section 237 (1) (2); moreover, significant obligations arising from the use of property, plant and equipment not shown in the balance sheet (Section 224 (2) (2) (II)) must be disclosed separately, where the amount of the commitments of the following financial year and the total amount of the following five years is to be stated;

15.

provisions which are not shown separately in the balance sheet where they have a significant degree; these provisions shall be explained;

16.

the amount of the deposits of silent partners not shown separately in the balance sheet;

17.

in the case of the application of an evaluation method in accordance with Article 209 (2), the difference amounts for the respective group if the valuation is compared with an assessment on the basis of the last exchange rate known before the closing date, or the market price has a substantial difference;

18.

the expenses incurred by the auditor for the financial year, broken down by expenditure for the audit of the annual accounts, for other audit services, for tax advisory services and for other benefits. This information may not be specified if the company is included in a consolidated financial statements and such information is included in the consolidated financial statements;

19.

in the balance sheet, intangible assets acquired by a related undertaking or by a shareholder with a shareholding (§ 189a (2) (2)) shall be included;

20.

relations with related undertakings; it must also be reported on contracts which oblige the company to transfer, in whole or in part, to other persons its profit or loss or to other persons to be transferred to other persons. ;

21.

the income contained in Section 231 (2) (10) and (3) (9) and (2) (2) (2) (14) and (3) (3) (13) (13) of profit communities.

(2) As derivative financial instruments within the meaning of paragraph 1 (1) (1), contracts shall also apply to the acquisition or sale of goods in which each of the contracting parties is entitled to pay in cash or through another financial instrument, unless: the contract has been concluded in order to secure a demand for the acquisition, sale or use of the contract, provided that the purpose of this intended purpose is from the outset and is still in existence and the contract with the delivery of the goods as is fulfilled. In the application of generally accepted valuation models and methods (§ 189a Z 4), the central assumptions used in each case to determine the fair value are to be stated.

(3) Medium-sized companies may restrict the information provided for in paragraph 1 (1) (12) to those transactions which, with their shareholders, which hold a holding (Article 189a (2)), with undertakings in which the company itself is a party, or with shall be closed to the members of the Management Board or of the Supervisory Board. "

79. In § 239 (1), the introduction rate as well as the Z 1 and 2 are:

" § 239. (1) The annex of medium-sized and large companies must, in particular, be used by institutions and workers:

1.

the breakdown of the average number of employees during the financial year by workers and employees;

2.

Article 231 (2) (6) (6) (2). b sublit. aa or in the corresponding indication in accordance with section 238 (1) (13) 13 of the expenses for the disposal or an indication that the amount is only made up of benefits to company employee pension funds; "

80. In § 239 (1), in Z 5 lit. c the phrase "Publicly Listed Companies" through the turn "Companies according to § 189a Z 1 lit. a" replaced.

81. In § 239 (2), after the word "Annex" the phrase "a large or medium-sized society" inserted.

82. § § § 240 to 242 are together with the headings:

" Anhangangifts for large companies

§ 240. In addition, large companies shall indicate in the Annex the breakdown of turnover by activity and by geographic market, in so far as, taking into account the organisation of the sale of products and the sale of products, the The provision of services, the fields of activity and geographically distinct markets differ considerably among themselves. However, in so far as the breakdown by a reasonable business assessment is likely to cause a significant disadvantage to the undertaking, the application of this derogation shall not be broken down by the breakdown of turnover. Annex.

Mandatory data for public limited liability companies

§ 241. In the annex to large or medium-sized public limited companies, information should also be provided on:

1.

the amount of the share capital falling on each share of the shares, the nominal amounts in the case of par value shares and the number of shares in each par value, the number of shares in each par value and, if there are several genera, the number of shares of each class;

2.

the stock and access to shares held by a shareholder for the account of the company or of a related undertaking or of an affiliated undertaking as the founder or draftsman or in the exercise of a conditional capital increase; If such shares have been used in the financial year, the proceeds shall also be reported on the basis of the redemption and the use of the proceeds;

3.

shares drawn from a conditional capital increase or an authorized capital in the financial year;

4.

the authorized capital;

5.

the amount of the subordinated capital shown under the liabilities;

6.

the existence of mutual participation (§ 189a Z 2), indicating the company involved.

Refrain from disclosures

§ 242. (1) Micro-capital companies do not need to draw up an annex if they make the information required under section 237 (1) (2) and (3) below the balance sheet. In the case of micro-capital companies, it is assumed that the annual financial statements prepared in accordance with the provisions of this Federal Law shall provide as true as possible an image of the assets, financial position and earnings situation in accordance with section 222 (2), which is why section 222 para. 2 second sentence and section 222 (3) shall not apply.

(2) In the case of all other capital companies, the information provided for in Section 238 (1) (4) may not be provided, insofar as it is

1.

are not essential (§ 189a Z 10), or

2.

by a reasonable business assessment, are likely to cause a significant disadvantage to the undertaking or to the other undertaking, in which case the application of this derogation must be mentioned in the Annex.

The indication of the equity and the annual result can be lost if the company, which is to be reported in accordance with § 238 Z 4, does not disclose its annual financial statements and it is not controlled by the reporting company.

(3) In the case of reporting in accordance with § 238 (1) Z 20, details need not be given, provided that the information is suitable for a reasonable business assessment, the company or an affiliated company has a significant amount of information. To add a disadvantage. The application of the derogation shall be indicated in the Annex.

(4) In accordance with Section 239 (1) (3) and (4), the breakdowns shall be subject to less than three persons, and shall not be allowed to remain in the cases of Section 243b (2) Z 3. "

Section 243 (3) reads as follows:

" (3) The situation report shall also be based on:

1.

the expected development of the company;

2.

activities in the field of research and development;

3.

the stock of own shares of the company which it acquired, acquired or taken as a deposit by an affiliated undertaking or another person for the account of the company or of a related undertaking, the number of such shares being: the amount of the share capital, as well as the share of the share capital, to indicate for acquired shares the date of acquisition and the reasons for the acquisition. If such shares have been acquired or sold in the financial year, the acquisition or disposal shall also include the number of these shares, the amount of the share capital, the share of the share capital and the acquisition. or the selling price and the use of the proceeds;

4.

existing branches of the company;

5.

the use of financial instruments, provided that this is essential for the assessment of the assets, financial position and earnings situation;

a)

risk management objectives and methods, including methods of hedging all relevant types of planned transactions, which are applied in the context of accounting for hedging operations; and

b)

existing price-change, outage, liquidity and cash flow risks. "

84. In Section 243a (2), the turn "Company whose shares or other securities issued by it are admitted to trading on a regulated market within the meaning of Article 1 (2) BörseG," through the turn "Gesellschaft nach § 189a Z 1 lit. a" replaced.

85. According to § 243b the following § 243c is inserted:

" Report on payments to public authorities

§ 243c. (1) Large companies and public-interest undertakings active in the extractive industries or in the field of logging in primary forests shall have a yearly report on payments to public authorities create. Companies in which payments are made to public authorities in the consolidated report of a parent company established in a Member State of the European Union or a State Party to the Agreement on the European Economic Area , which has been drawn up and disclosed in accordance with the requirements of Article 44 of the balance sheet Directive, shall be exempt from the fact that, in the Annex to the annual accounts, they indicate the undertaking in which they are included in the consolidated report and where: is available.

(2) As an activity in the extractive industries, an activity in the field of exploration, prospecting, discovery, development and extraction of minerals, oil or natural gas or other substances in the economic activities shall be carried out. , Section B, Sections 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and Amendment of Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain areas of statistics, OJ C 327, 22. No. OJ No L 393, 30. 12. 2006 p. 1. Primary forests are naturally regenerated forests with native species, in which there are no clearly visible signs of human intervention and the ecological processes are not significantly disturbed.

(3) The report shall indicate the cash and benefits in kind for activity in the extractive industries or in the area of logging in primary forests to a public authority per financial year. Public authorities are national, regional or local government authorities, or of such controlled departments, agencies or in the sense of § 244 of the dominant company. The total value of the benefits in the financial year should be specified per government body and additionally broken down, the total amount of which shall be eliminated in each case

1.

Production payment entitlements,

2.

taxes levied on the income, production or profits of undertakings, with the exception of taxes levied on consumption (such as turnover taxes), payroll taxes or taxes linked to turnover,

3.

usage fees,

4.

Dividends

5.

Signatory, discovery and production bonuses,

6.

licence, rental and access fees as well as any other consideration for licences and/or concessions and

7.

Contributions to the improvement of infrastructure.

(4) Where services are dedicated to a particular project, it should be stated which part of the amounts to be allocated under paragraph 3 is accounted for by the project. In addition, the total value of the services provided for the project shall be indicated. The project shall be regarded as the totality of the operational activities, which shall be governed by a single agreement or by a number of mutually related agreements which form the basis for the performance referred to in paragraph 3; or .

(5) Services, the equivalent value of which is less than EUR 100,000 in the financial year, do not have to be shown. In the case of an existing agreement on regular services, the total amount of the regular services connected shall be cancelled during the reporting period. If, in the case of a breakdown by type of benefit and by project, individual benefits are not shown because of the underwriting of the limit of EUR 100 000, so that the sum of the individual benefits allocated shall be the total amount to be allocated. is not achieved, it shall be pointed out separately to the use of this relief. Where a company engaged in the preparation of a report has not made any payments subject to reporting to a public authority during a reporting period, it shall indicate in the report only that a business activity in the extractive sector shall: industry, or in the field of logging in primary forests, without any burnable payments being made.

(6) In the indication of the benefits, reference shall be made to the content of the payment or activity in question and not to the form of the payment. Payments and activities must not be artificially divided or aggregated with the aim of circumventing the application of this provision. In so far as benefits in kind are provided, their value and, if possible, their scope shall be indicated. Additional explanatory notes shall be attached in order to explain how their value has been set.

(7) If a public authority is a voting shareholder of the company, any paid dividends or profit shares must be taken into account only if:

1.

have not been paid under the same conditions as those of other shareholders with comparable shares of the same class, or

2.

instead of production rights or usage charges.

(8) Companies that draw up a report in accordance with equivalent reporting obligations in a third country and disclose it in accordance with Section 277 shall be exempt from the preparation of a report as referred to in paragraph 1. Whether the reporting obligations of a third country are equivalent shall be assessed in accordance with the implementing acts adopted pursuant to Article 47 of the balance sheet directive. "

86. The section title before § 244 reads:

" THIRD SECTION

Consolidated financial statements, group management report, consolidated corporate governance report and consolidated report on payments to public authorities "

87. In § 244 (1):

' (1) Stehen enterprises under the single management of a capital company (parent company) domicated in Germany, the legal representatives of the parent company shall have a consolidated financial statements, a group management report and, where appropriate, draw up a consolidated corporate governance report and a consolidated report on payments to public authorities, as well as the Supervisory Board and the General Meeting (General Assembly) of the parent company within the of the annual accounts shall be submitted. The consolidated financial statements, the group management report as well as the consolidated corporate governance report and the consolidated report on payments to public authorities are to be signed by all legal representatives and the main or main To submit to the General Assembly, together with the annual accounts of the parent undertaking. Where mentioned in the following provisions of the group management report, this term also covers the consolidated corporate governance report as appropriate. "

88. § 244 (3) reads:

" (3) A personal company within the meaning of section 189 (1) (2) shall be subject to the legal form of its legal form in respect of the facts regulated in Sections 244 to 267b; if the law does not apply to such a company, the company shall not be subject to any legal provisions. The rules applicable to companies with limited liability shall apply. "

Section 244 (4) reads as follows:

" (4) The rights of a parent undertaking shall also be the rights of another subsidiary or of persons acting on behalf of the parent undertaking or of another subsidiary undertaking. Deducting are the rights associated with shares that

1.

be held by the parent undertaking or by a subsidiary undertaking for the account of another person, or

2.

shall be held as collateral, provided that such rights are exercised in the interests of the guarantor, under the direction of the guarantor or, where a credit institution holds the shares as collateral for the granting of a loan. "

90. § 244 (6) is deleted.

91. In § 244 (7) the word order shall be "Entrepreneurial registered partnerships" by "Personal society in the sense of § 189 para. 1 Z 2" replaced.

92. § 245 reads:

" § 245. (1) A parent company (§ 189a Z 6), which is subject to Austrian law, does not need to draw up a partial group closure together with the group management report if the conditions set out in paragraph 2 are fulfilled (exempted company) if it is included in the consolidated financial statements of a parent parent company (exemption from consolidated financial statements); and

1.

the parent parent company is subject to the law of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, and either

a.

has all the shares in the exempted undertaking, or

b.

has at least 90% of the shares in the exempted company and the other shareholders have agreed to the exemption; or

c.

Neither the Supervisory Board nor a qualified minority, whose shares reach 10% of the nominal capital or the proportionate amount of EUR 1 400 000, no later than six months before the end of the Group's financial year, the establishment of the Require a partial group closure or

2.

the parent parent company is not subject to the law of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, and neither the Supervisory Board nor a qualified minority, the 5% of the nominal capital or the proportionate amount of EUR 700 000 shall be required to draw up the partial group financial statements at the latest six months before the end of the Group financial year.

(2) The consolidated financial statements and the group management report of the parent parent company shall have only a liberating effect in accordance with paragraph 1, if all the following conditions are fulfilled:

1.

the exempted undertaking and all its subsidiaries shall be included in the liberating consolidated financial statements, without prejudice to § 249;

2.

The consolidated financial statements and the group management report have been drawn up in accordance with the law applicable to the parent parent company in accordance with the balance sheet directive or in accordance with the international rules adopted pursuant to Regulation (EC) No 1606/2002 Accounting standards are established; in the case of Section 1 (2), it is sufficient for the consolidated financial statements and the group management report to be submitted to the documents or international accounting standards drawn up in accordance with the balance sheet, which are submitted in accordance with Regulation (EC) No 1569/2007 by the Commission on the establishment of a mechanism for the determination of the Equivalence of accounting standards applied by third country issuers in accordance with Directives 2003 /71/EC and 2004 /109/EC OJ L 327, 22.12.2004, p. No. OJ No L 340, 22. 12. 66, adopted in 2007;

3.

the liberating consolidated financial statements of a parent parent undertaking referred to in paragraph 1 (2) have been audited by a statutory auditor approved in accordance with the applicable law;

4.

the Annex to the annual accounts of the exempted undertaking shall contain information on the name and registered office of the parent undertaking responsible for the exemption from the consolidated financial statements and a reference to the exemption from the obligation to: draw up a consolidated financial statements and a group management report;

5.

the liberating consolidated financial statements and the group management report of the parent parent company shall be disclosed immediately in the German language or in a language customary in international financial circles with the Company's Book Tribunal (§ 280 Abs. 2) and to the Supervisory Board as well as the next Annual General Meeting (General Meeting).

(3) The exemption provided for in paragraph 1 may not be used if the exempted company is a company within the meaning of § 189a (1) (1) (1). a is. "

93. In § 245a (1), the turn "and to apply from the provisions of the second to ninth titles § 247 (3), § 265 (2) to (4), § 266 Z 2a, 4, 5, 7 and 11 as well as § 267" through the turn " as well as from the provisions of the second to ninth titles § 247 (3), § 265 (2) to (4), § 267 and § 267a; the Group attachment is also the information pursuant to section 237 (1) Z 6 in conjunction with § 266 Z 4, § 237 (1) Z 3 and § 239 (1) Z 4 in conjunction with § 266 Z 2 as well as § 238 (1) Z 10 and Z 18 to supplement " replaced.

94. In Section 246 (1), the amount "21" by the amount "24" , the amount "42" by the amount "48" , the amount "17,5" by the amount "20" and the amount "35" by the amount "40" replaced.

Article 246 (3) reads as follows:

"(3) Paragraph 1 shall not apply if one of the affiliated undertakings is a company of public interest (§ 189a Z 1)."

96. § 249 reads:

" § 249. (1) A subsidiary does not need to be included in the consolidated financial statements if:

1.

the information required for the preparation of the consolidated financial statements cannot be obtained without undue delays or unreasonably high costs, taking into account the size of the undertaking; or

2.

the shares in the subsidiary are held solely for the purpose of their resale; or

3.

Significant and persistent restrictions on the exercise of the rights of the parent company in relation to the assets or management of the parent company in a sustainable way.

(2) If the involvement of a subsidiary is not essential, it does not need to be included in the consolidated financial statements. If this is the case for several subsidiaries, they shall be included in the consolidated financial statements if they are essential together. A parent undertaking which has exclusively subsidiaries whose inclusion is either not essential for themselves and taken together or which need not be included under paragraph 1 shall not be subject to the obligation to draw up a a consolidated financial statements and a group management report.

(3) The exclusion of the companies referred to in paragraph 1 shall be indicated and justified in the notes to the consolidated financial statements of the parent company in the event that no consolidated financial statements are to be drawn up. "

97. In Section 250 (3), the third sentence reads:

" A deviation from this principle shall only be permissible in the presence of special circumstances and in compliance with the objective set out in paragraph 2 of the third sentence; in the context of the Group's attachment, the deviation shall be disclosed, the reasons for and its influence on the To present the Group's assets, financial position and earnings. "

98. In § 251 (1), the reference "§ 193 (3), § § 194 to 211, 223 to 235" by reference § 193 para. 3 and 4 second half-sentence, § § 194 to 211, § § 223 to 227, § 229 para. 1 to 3, § § 231 bis 234 and § § 237 to 241 " replaced.

Article 251 (2) reads as follows:

"(2) In the breakdown of the consolidated balance sheet, inventories may be combined in one item if the breakdown is not essential."

100. In § 252 (2), second sentence, after the word "Before" the phrase "or after" inserted.

101. In Section 253 (1) and (2), the turn-over "untaxed reserves," .

102. Section 253 (3) is deleted.

103. Section 254 (1) reads as follows:

" (1) The value of the shares in a subsidiary incorporated in the consolidated financial statements of the parent undertaking shall be offset by the amount of the equity of the subsidiary which is based on those shares. The equity capital shall be set by the amount equal to the fair value of the assets, provisions, liabilities and accounting items to be included in the consolidated financial statements on the basis of the amount required for the settlement referred to in paragraph 2. the selected date. The pro-rata equity capital may not be set at an amount which exceeds the cost of the parent undertaking for the shares in the subsidiary undertaking. If the cost of the acquisition is less than the carrying amount of the pro-rata equity capital, the carrying amount shall be set. "

104. In § 254 (3), the first sentence is:

" In the consolidated balance sheet, when it arises on the assets side, a difference in the balance sheet is worth as a business (companies) value and, if it arises on the liabilities side, as a difference in the summary of equity capital. and participations (capital consolidation). "

105. Section 255 (2) reads as follows:

"(2) Paragraph 1 does not need to be applied in so far as the amounts to be omitted are not essential (§ 189a Z 10)."

106. Section 256 (2) reads as follows:

"(2) Paragraph 1 does not need to be applied in so far as the treatment of the interim results is not essential (§ 189a Z 10)."

107. Section 257 (2) reads as follows:

"(2) expenses and income do not need to be left out in accordance with paragraph 1, insofar as the amounts to be omitted are not essential (§ 189a Z 10)."

108. § 258 reads:

" § 258. Take measures which have been carried out in accordance with the provisions of the third section on differences between the corporate and tax-legal value of the assets, liabilities or accounting items and the balance sheet If these differences are likely to decline in subsequent financial years, a total tax burden arising as a provision for deferred tax liabilities and a total tax relief shall be deemed to be active deferred tax liabilities. Tax in the consolidated balance sheet. Differences from the initial approach of a difference in amount remaining in accordance with § 254 (3) remain unaccounted for. No account shall also be taken of differences between the tax-legal value of a participation in a subsidiary, an associate or a joint venture in the sense of Section 262 (1) and the the corporate legal value of the net assets set in the consolidated financial statements if the parent company is able to control the temporal course of the dissolution of the temporary differences and it is probable that the the temporary difference will not be resolved in the foreseeable future. An ointment shall not be carried out in so far as an offsetting of the actual tax refund claims with the actual tax liabilities is not legally possible. Section 198 (10) shall apply accordingly. The items may be combined with the items in accordance with § 198 (9). The tax delimitation does not need to be carried out unless it is essential. "

109. Section 259 (1) reads as follows:

" (1) In the consolidated balance sheet, a balance sheet for the shares of the other shareholders is for the shares not owned by the parent undertaking or by a subsidiary undertaking in the consolidated financial statements. in the amount of their share of the equity determined in accordance with the provisions of section 251 (1) under the item "non-controlling shares", separately, within the equity capital. "

110. In section 260 (2), the third and fourth sentences are:

" A uniform assessment according to the first sentence does not need to be carried out, insofar as its effects are not essential (§ 189a Z 10). In addition, a derogation shall be permissible in the event of special circumstances and in compliance with the objective set out in § 250 (2), third sentence; in the context of the Group's attachment, the deviation shall be disclosed, justified and its influence on the assets, To present the financial and earnings situation of the Group. "

111. Section 261 (1) reads as follows:

"(1) The depreciation of a business (companies) to be expelled pursuant to § 254 (3) shall be determined in accordance with Section 203 (5)."

112. In Section 261 (2) (2), the line point shall be replaced by a point; the following half-sentence shall be deleted.

113. In the title of the seventh title and in section 263 (2) as well as in § 264 (3) to (6), the term " "connected (associate) company" in the linguistically correct version by the term "Associated Company" replaced.

114. In the heading to § 263, the word "Term" and the following paint.

115. Section 263 (1) reads as follows:

"(1) The participation in an associated company shall be shown in the consolidated balance sheet under a special item with a corresponding designation."

116. In Section 263 (2), the word order shall be "for the mediation of an image as faithfully as possible of the assets, financial position and earnings situation of the Group of only minor importance" through the turn "not essential (§ 189a Z 10)" replaced.

117. Section 264 (1) to (2) reads:

" § 264. (1) Participation in an associated company shall be set out in the consolidated balance sheet at the first-time approach with the carrying amount of the book in accordance with § § 198 to 242. The difference between the carrying amount and the proportional share capital of the associated enterprise should be disclosed separately in the consolidated balance sheet or in the consolidated financial statements.

(2) The difference referred to in paragraph 1, second sentence, is to be attributed to the value of assets and liabilities of the associated undertaking in so far as their fair value is higher or lower than their carrying amount. The amount of goodwill allocated after the first sentence must be continued in the consolidated financial statements in accordance with the treatment of the valuation of the assets and liabilities in the annual financial statements of the associated undertaking, or to be resolved. Section 261 shall apply mutatily to a difference in the amount remaining after the first sentence. "

118. In § 264 (4), the turn-of-the- "affiliated (associated) participations" through the turn "Participations in associates" replaced.

119. Section 265 (1) shall be used before the floor "specify" the twist "instead of the indication in accordance with § 237 (1) Z 1" inserted.

120. In Article 265 (2), the introduction sentence shall be used before the word "specify" the twist "instead of the indication in accordance with section 238 (1) Z 4" inserted.

121. In section 265 (2) Z 2, the turn-of-the-turn "affiliated (associated) enterprises" in each case by the turn "associated enterprises" replaced.

122. In section 265 (2) Z 4, the turn of the "at least the fifth part of the shares" through the turn "a participation (§ 189a Z 2)" as well as the phrase "for the mediation of an image as faithfully as possible of the assets, financial position and earnings situation of the Group of only minor importance" through the turn "not essential (§ 189a Z 10)" replaced.

123. § 266 reads as follows:

" § 266. In the case of the information to be made pursuant to § 251 (1) in conjunction with § § 237 to 240, the following special features apply:

1.

the information is to be made irrespective of the group's classification in accordance with § 246;

2.

in the case of the information provided for in Article 237 (1) (3) and Article 239 (1) (4), only the amount of the amounts which the parent undertaking and its subsidiaries shall be subject to the members of the Executive Board, the Supervisory Board or similar bodies of the parent company. Section 239 (4) (lit). a third sentence shall not be taken into account. Section 242 (4) is to be applied in a reasonable way. In addition to the financial statements for the financial year, the additional references granted in the financial year, but up to now not specified in any consolidated financial statements, shall be disclosed;

3.

in the case of the indication in accordance with section 237 (1) (5), account shall be taken of liabilities for which collateral security is ordered by the undertakings included in the consolidated financial statements;

4.

in the case of the data referred to in Article 237 (1) (6) and (§ 239) (1) (1) and (3), the employees of the undertakings included in the consolidated financial statements shall be referred to; the average number of employees of the undertakings included in the consolidated financial statements shall be limited to one-part only Undertakings shall be disclosed separately;

5.

for the indication of transactions of undertakings included in the consolidated financial statements and related companies and persons (Section 238 (1) (12)), transactions which are left out in the consolidation are not taken into consideration; section 238 (3) is not to apply;

6.

the information according to § 238 (1) Z 15 to 17 and 19 to 21, § 239 (1) Z 2 and Z 5 and § 241 Z 2, 4, 5 and 6 may be subject to the information provided. "

124. In the headline of the ninth title will be after the word "Group Management Report" a dash and the phrase "Consolidated Corporate Governance Report" inserted.

125. Section 267 (3) reads as follows:

" (3) The group management report shall also respond to

1.

the expected development of the Group;

2.

Activities of the Group in the field of research and development;

3.

the stock of shares in the parent undertaking which the parent undertaking or a subsidiary or other person has acquired or has taken as a deposit for the account of one of those undertakings, the number of such shares to which they shall be subject; the amount of the share capital as well as the share of the share capital. If such shares have been acquired or sold in the financial year, the acquisition or disposal shall also include the number of these shares, the amount of the share capital, the share of the share capital and the acquisition. or the selling price and the use of the proceeds;

4.

for the understanding of the situation of the undertakings included in the consolidated financial statements of the parent undertaking and its subsidiaries;

5.

the use of financial instruments, provided that this is essential for the assessment of the assets, financial position and earnings situation (Section 189a, Z 10), to be disclosed

a)

risk management objectives and methods, including methods of hedging all relevant types of planned transactions, which are applied in the context of accounting for hedging operations; and

b)

existing price-change, outage, liquidity and cash flow risks. "

126. In Section 267 (3b), the turn-of-the- "parent company whose shares or other securities issued by him are admitted to trading on a regulated market within the meaning of Article 1 (2) BörseG," through the turn "parent company according to § 189a Z 1 lit. a" replaced.

127. In accordance with § 267, the following § § 267a and 267b are inserted:

" Consolidated Corporate Governance Report

§ 267a. A parent company whose shares are admitted to trading on a regulated market within the meaning of Article 1 (2) of the Austrian Stock Exchange Act or which exclusively issue securities other than shares on such a market and whose shares with the knowledge of the company on a multilateral trading system within the meaning of § 1 Z 9 WAG 2007, a consolidated corporate governance report shall be drawn up, containing the information required by section 243b, making the necessary adjustments in order to assess the overall situation of the undertakings included in the consolidation , Section 251 (3) shall apply accordingly.

TENTH TITLE

Consolidated report on payments to public authorities

§ 267b. (1) The legal representatives of a large parent company (§ 221 para. 3) (§ 189a Z 6), if it is itself or one of its subsidiaries in the extractive industries or in the field of logging in primary forests, have even if the preparation of the consolidated financial statements in the individual case is not required because of the application of § 249, to draw up a consolidated report on payments to public authorities annually in accordance with the requirements of section 243c and to the Supervisory Board and the General Meeting (General Meeting) of the parent company within the To present the deadlines for the annual accounts. The consolidated report shall be signed by all legal representatives and shall be submitted to the Annual General Meeting together with the annual financial statements of the parent company. It shall only extend to benefits arising from operations in the extractive industries or in the field of logging in primary forests.

(2) The preparation of a consolidated report on payments to public authorities shall exempt parent undertakings which, in accordance with Section 246, are exempted from the establishment of a consolidated financial statements or are subsidiaries of a company which shall: shall be subject to the law of another Member State of the European Union or of a State Party to the Agreement on the European Economic Area. The inclusion of a subsidiary in the consolidated report on payments to public authorities may be subject to the conditions set out in Article 249 (1) if, for these reasons, the subsidiary does not include the subsidiary undertaking in the consolidated report. Consolidated financial statements are included. Finally, parent companies are exempt, who draw up a consolidated report in accordance with equivalent reporting requirements of a third country and disclose it in accordance with § 277. Whether the reporting obligations of a third country are equivalent shall be assessed in accordance with the implementing acts adopted pursuant to Article 47 of the balance sheet directive. "

128. Section 268 shall not apply to paragraph 3.

129. § 269 is:

" § 269. (1) The audit of the annual financial statements and the consolidated financial statements shall cover whether the statutory provisions and supplementary provisions of the social contract or the articles of association have been observed. The accounts shall be included in the audit of the annual accounts.

(2) The auditor of the consolidated financial statements bears the full responsibility for the audit opinion on the consolidated financial statements. It shall also examine the annual accounts drawn up in the consolidated financial statements to see whether they comply with the principles of regular accounting and whether the rules governing the acquisition of the consolidated financial statements have been complied with. If the consolidated financial statements are audited by other auditors, the consolidated financial statements auditor shall monitor their activities in an appropriate manner, insofar as this is relevant for the audit of the consolidated financial statements.

(3) The management report and the group management report of corporations are to be considered as to whether the management report with the annual financial statements and the group management report are in accordance with the consolidated financial statements and whether the management report and the group management report have been drawn up in accordance with the applicable legal requirements. The subject matter of the final examination is also whether a corporate governance report required pursuant to § 243b or § 267a has been drawn up.

(4) If the annual financial statements, the consolidated financial statements, the management report or the group management report are changed after the presentation of the audit report, the change shall be disclosed to the auditor who has to examine them with their effects. The result of the examination shall be reported; the audit opinion shall be supplemented and, if necessary, amended in accordance with Section 274. "

130. In Section 270 (3), the reference "§ 268 (3)" by reference "§ 269 (4)" replaced.

131. § 274 reads as follows:

" § 274. (1) The auditor shall summon the result of his audit in a confirmation note. The audit opinion shall include:

1.

an introduction which indicates at least the company whose annual financial statements or consolidated financial statements are the subject of the final examination, the closing date and the closing period, and the accounting standards according to which the conclusion has been drawn up,

2.

a description of the type and extent of the final examination, which at least contains information on the audit principles after which the final examination has been carried out, and

3.

an examination judgment which is either an unqualified, a restricted or a negative and provides no doubt as to whether, in the opinion of the auditor, the annual financial statements or consolidated financial statements are subject to the statutory provisions , and in accordance with the relevant accounting principles, shall give as true a picture as possible of the assets, financial position and profit situation of the company or group.

(2) Where the auditor is not in a position to issue an opinion, he shall indicate this in the opinion.

(3) The audit opinion shall refer to all the other circumstances to which the auditor has made special attention without restricting the opinion of the auditor.

(4) The audit opinion must contain a statement of any significant uncertainties in connection with the events or circumstances which have serious doubts as to the ability of the undertaking to continue its business activities can be thrown up.

(5) The audit opinion shall also include:

1.

a judgment as to whether the management report or the group management report

a.

is in accordance with the annual accounts or consolidated financial statements of the financial year in question,

b.

has been established in accordance with the applicable legal requirements, and

c.

where applicable, information as appropriate in accordance with section 243a, and

2.

a statement as to whether, in the light of the findings and the understanding of the company and its environment, the findings and understanding of the company and its environment have identified significant erroneous information in the management report or the group management report, with the following: the nature of such erroneous information.

(6) Where the final examination has been carried out by more than one auditor, they shall agree on the results of the final examination and shall have a joint audit opinion and a joint audit opinion. In the event of disagreement, each auditor shall give its own judgment in a separate paragraph of the confirmation note and shall state the reasons for disagreement.

(7) The audit opinion shall be signed by the auditor, indicating the date and place of the establishment. If a final examination is carried out by an audit firm, the audit opinion shall be signed at least by the auditor responsible. If more than one auditor has been commissioned at the same time, the audit opinion shall be signed by all those responsible auditors who carried out the final examination.

(8) The audit opinion shall be written in writing and shall present the results of the examination clearly and in a clear form. The audit report shall also be included in the examination report (§ 273). "

132. Section 277 (1) reads as follows:

" (1) The legal representatives of capital companies have the annual accounts and the management report and, where appropriate, the corporate governance report and the report on payments to public authorities after its treatment in the The Annual General Meeting (General Meeting), but no later than nine months after the balance sheet date, must be submitted to the Company's Book Tribunal of the registered office of the capital company; within the same period, the report of the Supervisory Board shall be submitted to the Annual General Meeting and the decision on the use of the result. If, in order to safeguard this period, the annual accounts and the management report and, where appropriate, the corporate governance report and the report on payments are submitted to the public authorities without the other documents, the report shall be the following: The Supervisory Board shall, after its existence, submit the decisions immediately after the decision has been taken and the endorsement after the date of issue. If the annual accounts are changed in the event of subsequent verification or determination, this amendment shall also be submitted. "

133. In Section 277 (2), the word sequence shall be deleted "or the endorsement or limitation of its failure or limitation" .

134. Section 277 (3) reads as follows:

"(3) In the disclosure and publication, all items may be indicated in full 1 000 euros, in accordance with the materiality (§ 189a Z 10) also in larger units."

135. In § 277 (6) the first sentence is:

" The documents referred to in paragraph 1 shall be submitted electronically, shall be included in the collection of documents of the company's book, and shall be submitted in accordance with § § 33 f. FBG to make publicly available. "

136. Section 278 (1) reads as follows:

" (1) To small companies with limited liability (§ 221 para. 1) § 277 is to be applied with the proviso that the legal representatives only have to submit the balance sheet and the appendix, in the case of micro-capital companies only the balance sheet. The balance sheet needs to contain only the items referred to in § 224 (2) and (3) with letters and roman numbers, and in the case of items pursuant to section 224 (2) (b) (b), all claims combined with a residual maturity of more than one year shall be included. and in the case of the item in accordance with section 224 (3) C, all liabilities combined with a residual maturity of more than one year shall be disclosed separately; the information in accordance with section 229 (1) of the first to third sentences shall be made. If the company is subject to a review pursuant to Section 268 (1), the confirmation note shall also be submitted. "

137. § 279 reads:

" § 279. For the disclosure of small and medium-sized public limited liability companies (§ 221 (1) and (2)) and medium-sized companies with limited liability (Section 221 (2)):

1.

The balance sheet needs to contain only the items referred to in § 224 (2) and (3) with letters and roman numbers, but in addition the following items shall be included: on the assets side, items A I 2, A II 1, 2, 3 and 4, A III 1, 2, 3 and 4, B II 2 and 3, B III 1, items B 1 and 2, and C 1, 2, 6 and 7 on the liabilities side. Claims with a remaining term of more than one year shall be shown separately for the items pursuant to section 224 (2) B II 2 and 3, as well as liabilities with a remaining term of more than one year for the items in accordance with § 224 para. 3 C 1, 2, 6 and 7. The information in accordance with § 229 shall be made.

2.

The items in Section 231 (2), (1) to (3) and (5) and (3) (3) (1) to (3) may be grouped into a post under the name "Roheroutcome". "

138. In Section 280 (1), the first sentence is replaced by the following:

" The legal representatives of a company that has a consolidated financial statements have the consolidated financial statements and the group management report, as well as, where appropriate, the consolidated corporate governance report and the consolidated report on To submit payments to the public authorities with the confirmation note at the same time as the annual financial statements to the Company's Court of Appeal of the company's registered office. Section 277 (3) and (6) of the first sentence shall apply mutasensitily. "

139. In Section 280 (2), after the word order "in German language" the phrase "or in a language commonly used in international financial circles" attached and the word "Register Court" by the word "Company Book Court" replaced.

140. In Section 281 (1), the word sequence shall be deleted "or of the endorsement of his sawing" .

141. In § 281 (2), the third sentence is:

"However, in the case of a mandatory final examination, the content of the confirmation note shall be reported to the annual financial statements or consolidated financial statements, including the information in accordance with § 274, paragraph 3, drawn up in law."

142. The following paragraph 3 is added to § 281:

"(3) In the documents containing the annual accounts and the consolidated financial statements, the information required by section 14 (1) of the first sentence must be disclosed."

143. In accordance with Section 282 (2), the following paragraph 2a is inserted:

" (2a) The court may invite a company to make a statement as to whether it or one of its subsidiaries is active in the extractive industries or in the field of logging in primary forests in the sense of section 243c (2), and a company the appropriate time limit. The request shall be justified. If the company does not make a statement within the period, it is presumed that the company falls within the scope of section 243c or § 267b respectively. "

144. Section 283 (1) reads as follows:

" § 283. (1) The legal representatives of the company are, without prejudice to general corporate law provisions, for the timely compliance of § § 277 and 280 of the court by penalties of 700 euros to 3 600 euros, at Micro-capital companies (§ 221 (1a)) of 350 Euro to 1 800 Euro. The penalty shall be imposed upon expiry of the disclosure period. It must be repeated, as long as the said institutions have not yet fulfilled their obligations after two months. A company is to be regarded as a micro-capital company in the sense of this provision, if it has, most recently, considered the legal representatives as such (Section 277 (4)), unless there are indications that the Thresholds have now been exceeded. Otherwise, a micro-capital company will only be treated as such by way of a timely objection of the party, whereby § 282 (2) shall apply. "

145. In Section 283 (2), after the turn of the "700 Euro" A dash and the twist "in the case of micro-capital companies (section 221 (1a) of 350 euros)" inserted.

146. In Section 283 (3), after the turn of the "700 Euro to 3 600 Euro" A dash and the twist "in the case of micro-capital companies (§ 221 (1a)) from 350 euro to 1 800 euro" inserted.

147. In Section 283 (4), after the turn of the "700 Euro" A dash and the twist "in the case of micro-capital companies (section 221 (1a) of 350 euros)" inserted.

148. The following sentence shall be added to section 283 (4):

"Between the date of the release of a penalty order under this paragraph and the date of the release of a previous penalty order relating to the same addressee and the same balance sheet date, at least six weeks must be located."

149. In Section 283 (7), the reference "§ § 244, 245, 247, 270, 272 and 277 to 280a" by reference "§ § 277 and 280" replaced.

150. In accordance with § 283, the following § § 284 and 285 are inserted:

" § 284. The legal representatives of the company and the company itself are, without prejudice to the general corporate law provisions, to comply with § § 222 (1), 244, 245, 247, 270, 272, 281 and 283, the members of the Supervisory Board are responsible for the Compliance with § 270 and, in the case of a domestic branch of a foreign corporation, to hold the persons authorised to represent it within the territory of the Federal Republic of Germany for compliance with § 280a of the Court of First Instance by penalties of up to EUR 3 600. § 24 (2) to (5) FBG shall apply.

Exceptions, Stundung and discount

§ 285. (1) During the period of insolvency proceedings with the exception of a refurbishment procedure with self-administration, no penalty orders pursuant to § 283 are to be issued. Rights of shareholders and third parties to demand disclosure shall remain unaffected.

(2) At the request of the addressee of a penalty, the Company's Book Court may postpone the date of payment of a penalty also over more than six months (deferment) or grant the payment in installment if the immediate or the immediate full payment of the penalty would be associated with special hardship for the applicant and the introduction of the penalty will not be endangered by the postponing. The payment in instalments may only be permitted with the proviso that all partial amounts still to be negotiated shall be due immediately if the payer is in default with at least two instalments.

(3) At the request of the addressee of a penalty, the Company's Court of Appeal may, until the full payment is complete, leave a penalty in whole or in part if all of the following conditions are fulfilled:

1.

the application is associated with special hardship for the applicant;

2.

all disclosure requirements have now been fulfilled or their compliance is no longer possible for the applicant,

3.

the applicant or its representative bodies shall be subject to a limited fault in the breach of the burden; and

4.

it does not need to be introduced, or not in full, to encourage the addressee or other undertakings to be disclosed in the future. "

151. In Article 906, the following paragraphs 28 to 39 shall be added in accordance with the provisions of paragraph 27:

" (28) § 189 (1), (2) and (4), § 189a, § 196a, § 198, para. 1 and 7 to 10, § 201 (2) and (3), § 203 (3) to (5), § 204 (1a) and (2), § 206 (3), § 207 (2), § 208 (2), § 209 (1), § 211, § 212 (1), § 216, § 221 (1) to (5) and (7), § 222 (1) and (3), Section 223 (3) and (4), § 224 (2) and (3), § 225 (3) to (7), § 226 (1), (3) and (5), § 227, § 229 (1) to (1b), (3), (4) and (6), § 231 (2) to (5), § 232 (2) and (3), § § 234 to 238, § 239 (1) and (2), § 240 to 242, § 243 (3), § 243a (2), § 243c, § § 245 (1) and (2), § 253 (1) and (2), § 253 (1) and (2), § 254 (1) and (3), § 255 (2), § 256 (2), § 257 para. 2, § 258, § 259 (1), § § 258 (2), § § 258 (2), § 256§ § 25.1 260 (2), § 261 (1) and (2), § 263 (1) and (2), § 264, § 265 (1) and (2), § 266, § 267 (3) and (3b), § 267a, § 267b, § 269, § 270 (3), § 274, § 277 para. 1 to 3 and 6, § 278 para. 1, § 279, § 280, § 281, § 282 (2a), § 283, § 284 and § 285 in German. the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015. Unless otherwise specified in the following, they shall apply for the first time to accounting documents for financial years beginning after 31 December 2015. § 205, § 208 (3), § 226 (2), § 228, § 230, § 232 (1) and (4), § 233, § 244 (6), § 253 (3) and § 268 (3) shall be repeal with effect from 20 July 2015. On accounting documents for financial years before the 1. January 2016 have begun, the provisions in the version are before the Federal Law BGBl. I N ° 22/2015. Companies according to § 243c or § 267b may draw up a report or a consolidated report on payments to government entities already for those financial years that start after 31 December 2014; in this case, they apply § 243c or § § 267b in the version of the Federal Law BGBl. I n ° 22/2015.

(29) In the event of the consequences of the legal consequences of § 221 (1), (1a) and (2) and Section 246 (1), the amended size characteristics shall also apply to observation periods pursuant to Section 221 (4) and § 246 (2), which are before the 1. Jänner 2016.

(30) In accordance with § 198 (7), a Disagio has been published in the version prior to the Federal Act BGBl. I n ° 22/2015 does not appear to be an active accounting item, the formation of an active clearance of the accounts for this obligation shall not be established until it is no longer shown. Section 203 (3) shall apply for the first time to manufacturing operations which have been started in financial years starting after 31 December 2015. On manufacturing operations that are before the 1. January 2016, § 203 (3) is to be applied in the previous version. § 203 (5) and § 261 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 22/2015 are to be applied only to business (companies) values that are formed after 31 December 2015. On business (companies) values that are before the 1. These provisions are to be applied in the previous version of the year.

(31) Untaxed reserves, which according to § 205 in the version before the Federal Act BGBl. I n ° 22/2015, provided that the deferred tax liabilities contained therein are not to be returned to the provisions of the financial year, which shall begin after 31 December 2015, shall be immediately adjusted to the retained earnings.

(32) In the case of an asset, a depreciation has been made in accordance with Section 204 (2) or § 207 and has been written by the German Federal Law Gazette (BGBl) on the basis of Section 208 (2) in the version. I n ° 22/2015, so far, if the reasons for the depreciation no longer exist, in the financial year beginning after 31 December 2015, an amordition shall be made. If, according to § 124b Z 270 of the Income Tax Act 1988, a subsidy is payable tax-deductible, the amount recognised in this reserve may be shown separately in the balance sheet under the passive accounting items and according to the Requirements of § 124b Z 270 of the Income Tax Act 1988 are to be dissolved.

(33) Where, as a result of the amended assessment of long-term obligations which require the formation of a provision, and on the basis of the approach of deferred taxes from the initial application of § 198 (9) and (10) and § 258 in the version of the Federal Law BGBl. I n ° 22/2015 requires a supply to the provisions, this amount shall be collected evenly over a maximum of five years, beginning with the year of delivery. It is permissible to take full account of the offered provision in financial statements for financial years, which start after 31 December 2015. In this case, the balance sheet shall be able to show separately the difference between the amount of difference resulting from the provision in the various years following the first sentence in the balance sheet, and the amount of the difference in the balance of the balance sheet.

(34) Insofar as the first application of § 211 in the version of the Federal Law BGBl. I n ° 22/2015 required a dissolution of the provisions or on the basis of the first application of § 198 (9) and (10) and § 258 in the version of the Federal Law BGBl. I n ° 22/2015 requires the approach of active deferred taxes to be spread evenly over a period of five years, starting with the year of initial application of these provisions. It is permissible to fully account for the amount offered in financial statements for financial years beginning after 31 December 2015. In this case, a distribution may take place over a maximum of five years, in that the difference between the full amount of the amount and the amount at least to be taken into account after the first sentence shall be included in the passive accounting items shall be shown separately.

(35) Companies that are in consolidated financial statements for financial years prior to the 1. The capital consolidation in accordance with § 254 (1) (1) (1) (1) in the version before the Federal Law BGBl (Federal Law Gazette) began in January 2016. I n ° 22/2015, this method can be maintained; in this case, § 254 (1), (2) and (3) shall continue to be applied in the previous version. The change to the consolidation method according to § 254 (1) in the version of the Federal Law BGBl. I n ° 22/2015 is justified in the sense of § 250 (3) third sentence; the effects on the assets, financial position and earnings situation are to be presented in the Group's annex.

(36) Change in the first application of the provisions according to the Federal Act BGBl. I n ° 22/2015 the previous form of presentation or the valuation methods used so far, so § 201 (2) (1) (1) and (223) (1) do not apply when a year or consolidated financial statements are drawn up for the first time in accordance with the amended regulations. , Are the provisions of the Federal Law BGBl in the first application of the provisions. I n ° 22/2015 compared to the previous year's balance sheet figures to be assigned to a different item than previously, the previous year's amounts (section 223 (2)) are to be calculated as if the provisions had already been applied in the previous year under the new legal situation. To the extent that the amounts are not comparable, the corresponding attachment details shall be made.

(37) § § 283, 284 and 285 shall apply to violations of the obligations referred to in § 283 (1) and § 284, which shall be set or continue after 19 July 2015. Applications for deferment and estate can be filed with all penalties starting on July 20, 2015; on pending applications for stunction and estate, § 285 is in the version of the Federal Law BGBl. I n ° 22/2015 should be applied mutatily.

(38) § 269, § 270 (3) and § 274 are in the version of the Federal Law BGBl. I n ° 22/2015 to apply to the statutory audit of financial years starting after 31 December 2015. Section 268 (3) shall be repeal with effect from 20 July 2015; the final examination of financial years preceding the first subparagraph shall be 1. January 2016 have begun, the provisions in the version are before the Federal Law BGBl. I n ° 22/2015. "

(39) § 131 in the version of the Federal Law BGBl. I n ° 22/2015 comes with 1. Jänner 2015 in force.

152. The text of the previous § 908 receives the section renumbering "§ 909." Prior to this, the following § 908 and heading is inserted:

" Relationship with the law of the European Union

§ 908. By the § § 189 (1) Z 1 and 2, 189a, 195 (2), 196, 198, 201, 203 to 211, 221 to 227, 231 to 269, 274 and 277 to 284 in the version of the Federal Law BGBl. I n ° 22/2015, Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of companies of certain legal forms and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing Directives 78 /660/EEC and 83 /349/EEC, OJ L 206, 22.7.1983, p. No. OJ No L 182, 29. 6. 2013 p. 19. "

Article 2

Amendment of the Stock Corporation Act

The German Stock Corporation Act, BGBl. 1965 No. 98, as last amended by the Federal Act BGBl. I n ° 40/2014, shall be amended as follows:

1. In § 45 (1), § 51 (2) and (3), § 65 (5), § 66 (1) and (2), § 86 (2), § 90 (1) and § 95 (5) Z 12, the reference is made in each case. "§ 228 (3) UGB" by reference "§ 189a Z 7 UGB" replaced; in § 66a the reference "§ 228 (3) UGB" by reference "§ 189a Z 6 UGB" replaced.

2. In Section 65 (2), the turn shall be "constitute the reserve for own shares prescribed in accordance with § 225 (5) of the German Commercial Code (UGB)" through the turn "the deduction of nominal capital and the formation of the reserve pursuant to Section 229 (1a) of the UGB" replaced.

3. In § 66a the turn "do not form the reserve for own shares prescribed in accordance with § 225 (5) UGB" through the turn "Do not make the deduction of nominal capital and the formation of the reserve pursuant to Section 229 (1a) of the UGB" replaced.

4. In § 79 (1) and § 86 (3), the reference "§ 228 (1) UGB" by reference "§ 189a Z 2 UGB" replaced.

5. In § 95 (5) Z 1 the reference "§ 228 UGB" by reference "§ 189a Z 2 UGB" replaced.

6. In § 96, para. 2, after the word order "Corporate Governance Report" the phrase "and the report on payments to public authorities" inserted.

7. In § 96 (3), after the word "Group Management Report" the phrase "and, where appropriate, the consolidated corporate governance report and the consolidated report on payments to public authorities" inserted.

8. In Section 118 (1), the reference "§ 244 UGB" by reference "§ 189a Z 6 UGB" replaced.

9. In § 192, paragraph 3, after the turn "§ 225 (5) second sentence" the twist "or § 229 (1a) fourth sentence" inserted.

10. In Section 211 (2), the reference "§ § 222, 236, 237, 277 and 281 UGB" by reference "§ § 222, 236 to 243b, 277 to 279 and 281 UGB" replaced.

11. In § 258 (1) the turn-of-the-turn "as well as § § 222 para. 1 and 281 UGB" .

12. The following paragraph 34 is added to § 262:

" (34) § 45 paragraph 1, § 51 para. 2 and 3, § 65 para. 2 and 5, § 66 para. 1 and 2, § 66a, § 79, § 86 para. 2 and 3, § 90 para. 1, § 95 para. 5, § 96 para. 2 and 3, § 118 para. 1, § 192 para. 3, § 211 para. 2 and § 258 paragraph 1 in the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015 and will be applied for the first time on financial years beginning after 31 December 2015. On business years before the 1. January 2016 have begun, the provisions in the version are before the Federal Law BGBl. I N ° 22/2015. Section 258 (1) shall apply to infringements of the obligations referred to in § 258 (1), which shall be set or continue after 19 July 2015. "

Article 3

Change of the GmbH-Act

The GmbH-Law, RGBl. No 58/1906, as last amended by the Federal Law BGBl. I n ° 13/2014, shall be amended as follows:

1. In § 30a (2) (2) (2), § 30e (1) and § 30j (5) (10), the reference shall be made in each case. "§ 228 (3) UGB" by reference "§ 189a Z 7 UGB" replaced.

2. In § 30a (2) (3) and (30a) (3), the reference "§ 228 (1) UGB" by reference "§ 189a Z 2 UGB" replaced.

3. In § 30j (5) Z 1, the reference "§ 228 UGB" by reference "§ 189a Z 2 UGB" replaced.

4. In § 125, the word order is deleted "as well as § § 222 para. 1 and 281 UGB" .

(5) The following paragraph 18 is added to § 127:

" (18) § 30a (2) and (3), § 30e Para. 1, § 30j (5) and § 125 in the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015 and will be applied for the first time on financial years beginning after 31 December 2015. On business years before the 1. January 2016 have begun, the provisions in the version are before the Federal Law BGBl. I N ° 22/2015. § 125 in the version of the Federal Law BGBl. I n ° 22/2015 shall apply to violations of the obligations referred to in § 125, which shall be set or continue after 19 July 2015. "

Article 4

Amendment of the Cooperative Law

The Law on Acquisition and Economic Cooperatives, RGBl. No 70/1873, as last amended by the Federal Law BGBl. I n ° 70/2008, shall be amended as follows:

1. In Section 22 (5), the word order shall be deleted "and belongs to the parent company, in accordance with Section 228 of the German Commercial Code (UGB), to the other company (subsidiary) under the single management" .

2. In Section 24e (3), the reference "§ 228 UGB" by reference "§ 189a Z 2 UGB" and the reference "§ 228 (3) UGB" by reference "§ 189a Z 7 UGB" replaced.

3. The following § 94f is added to § 94e:

" § 94f. Section 22 (5) and § 24e (3) in the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015 and will be applied for the first time on financial years beginning after 31 December 2015. On business years before the 1. January 2016 have begun, the provisions in the version are before the Federal Law BGBl. I n ° 22/2015. "

Article 5

Amendment of the Cooperative revision Act 1997

The Federal Act on the Revision of Acquisition and Economic Cooperatives, BGBl. I No 127/1997, as last amended by the Federal Law BGBl. I n ° 71/2009, is amended as follows:

1. In § 1 (2), the turn-of-the-turn "and belongs to the parent company, in accordance with Section 228 of the German Commercial Code (UGB), to the other company (subsidiary) under the single management" .

2. The second sentence is deleted in Section 23 (2).

(3) The following paragraph 11 is added to § 32:

" (11) § 1 para. 2 in the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015 and shall be applied for the first time on financial years beginning after 31 December 2015. On business years before the 1. January 2016 has begun, is § 1 para. 2 in the version before the Federal Law BGBl. I n ° 22/2015. "

Article 6

Amendment of the SE Act

The SE Law, BGBl. I n ° 67/2004, as last amended by the Federal Law BGBl. I No 53/2011, shall be amended as follows:

1. In § 65 (1), the turn-of-the-turn "as well as § § 222 para. 1 and 281 UGB" .

(2) The following paragraph 8 is added to § 67:

" (8) § 65 in the version of the Federal Law BGBl. I n ° 22/2015 shall enter into force on July 20, 2015 and shall apply for violations of the obligations referred to in § 65, which shall be set after July 19, 2015 or continue. "

Article 7

Amendment of the Vereinsgesetz 2002

The Law of Associations 2002, BGBl. I n ° 66/2002, as last amended by the Federal Law Gazette (BGBl). I No 161/2013, shall be amended as follows:

1. In § 22 (2), the reference "§ § 222 to 226 (1), 226 (3) to 234, 236 to 239, 242, 269 (1) and 272 to 276 UGB" by reference "§ § 222 to 234, 236 to 240, 242 para. 2 to 4, 269 para. 1 and 272 to 276 UGB" replaced.

(2) The following paragraph 13 is added to § 33:

" (13) § 22 (2) in the version of the Federal Law BGBl. I n ° 22/2015 will enter into force on 20 July 2015 and shall be applied for the first time on financial years beginning after 31 December 2015. On business years before the 1. January 2016 has begun, is § 22 in the version before the Federal Law BGBl. I n ° 22/2015. "

Article 8

Amendment of the Income Tax Act 1988

The Income Tax Act 1988, BGBl. N ° 400/1988, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In § 6 Z 2 lit. a is not the last sentence.

2. § 6 Z 13 reads:

" 13.

If investment goods are upgraded (attribution) in the annual financial statements of a later marketing year in accordance with the principles of the company law, these attributions are also applicable to the tax Value-added tax and increase the tax profit of this year. "

3. The following second sentence shall be inserted in Article 8 (2):

"This can be done independently of the treatment in the annual financial statements and is to be shown in the investment register."

(4) § 12 is amended as follows:

(a) In paragraph 1, the following sentence shall be added:

"The discontinuation can take place independently of the treatment in the annual financial statements and is to be shown in the investment register."

(b) in paragraph 8, the following two sentences shall be inserted in place of the second sentence:

" This can be done independently of the treatment in the annual financial statements of the company. This reserve is to be described accordingly and to be held in evidence for tax purposes. "

5. The following second sentence shall be inserted in § 13:

" This may take place independently of the treatment in the annual financial statements. "

6. In § 124b, the following paragraphs 269, 270 and 271 are added:

" 269.

§ 6 Z 2 lit. a and § 6 Z 13, respectively, as amended by the Accounting Amendment Act 2014, BGBl. I n ° 22/2015, shall be applied for the first time for marketing years beginning after 31 December 2015.

270. a)

To the extent that in the first marketing year, which begins after 31.12.2015, an ascription pursuant to section 208 of the German Federal Law Gazette (Bundesgesetz BGBl) on the basis of an impairment of value that has already occurred prior to this marketing year. I n ° 22/2015, this amortiation is also relevant for tax purposes and is also tax-effective. However, the amount of the subsidy for the economic good in question may be applied to a recovery from a grant in the form of a declaration of grant (declaration of declaration). The grant reserve shall be disregarded in such a way as to be tax-effective in so far as the partial value of the economic good in question falls below the partial value which is relevant for the formation of the grant reserve or a reduction for wear in the sense of the provisions of § § 7 and 8. The grant reserve shall be tax-effectively resolved at the latest at the time when the assets in question are to be removed from the operating assets.

b)

Economic goods for which a grant reserve according to lit. a) shall be shown in a directory. In this list, the fiscal balance sheet of the economic asset in question and the recovery of the grant from the operating assets must be kept evident annually until the exit of the assets.

271.

§ 8 sec. 2 EStG 1988, § 12 para. 1 and paragraph 8 EStG 1988 as well as § 13 EStG 1988, in each case in the version of the Accounting Amendment Act 2014, BGBl. No. 22/2015, shall be applied for the first time for marketing years beginning after 31 December 2015. Existing untaxed reserves (including valuation reserves) within the meaning of § 906 (31) of the UGB (German Commercial Code) can be continued as tax reserves irrespective of the annual financial statements of the company; these are § 205 UGB and § 6 Z 13. First sentence of EStG 1988, in the version before the Accounting Amendment Act 2014, BGBl. I n ° 22/2015, to continue to apply. "

Fischer

Faymann