Introduction Act to the Commercial Code

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HGBEG

Date of completion: 10.05.1897

Full quote:

" Introductory Act to the Commercial Code in the revised version published in the Federal Law Gazette, Part III, outline number 4101-1, the latest by Article 2 of the Law of 28 July 2015 (BGBl. I p. 1400)

Status:

Last modified by Art. 2 G v. 28.7.2015 I 1400

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 6.4.1973 + + +) 
(+ + + measures due to EinigVtr cf.  HGBEG Annex EV, 
 No longer apply + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 58/2003 (CELEX Nr: 303L0058)  V v. 10.11.2006 I 2553 + + +) 

  

Heading: designation idF d. Art. 2 No. 1 G v. 4.12.2004 I 3166 mWv 10.12.2004

First section
Introduction of the Commercial Code

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Species 1

(1) The Commercial Code shall enter into force at the same time as the Civil Code. (2) The sixth section of the first book of the Commercial Code shall enter into force with the exception of § 65 on 1 January 1898. (3) Unofficial table of contents

Type 2

(1) In commercial matters, the provisions of the Civil Code shall apply only in so far as the provisions of the Civil Code are not determined in the Commercial Code or in this Act. (2) (omitted) Unofficial table of contents

Art 3

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Species 4

(1) The effects arising under civil law with an entry in the register of goods shall occur, provided that a spouse is a businessman and his commercial establishment is not in the district of a habitual residence, even a register court responsible for the spouse ' s premises, only if the registration is entered in the register of goods of the registered office of the registered office of the registered office of the registered office of the registered office of the place of commercial establishment, competent court. In the case of a number of branches, registration is sufficient in the register of the place of the principal place of business. (2) If the branch office is transferred, the provisions of § 1559 of the Civil Code shall apply accordingly. Unofficial table of contents

Species 5

§ 1 of the Commercial Code does not apply to mining companies which do not have the rights of a legal person in accordance with the laws of the Land Laws. Unofficial table of contents

Species 6

(1) Is a connossement in a State Party to the International Convention of 25 August 1924 for the Unification of Rules on Connossements (RGBl. § § 498, 499, 501, 504, 505, 507, 510 and 512 as well as § 605 number 1 in conjunction with § 607 (1) and (2) and § 609 (1) of the German law the commercial code, irrespective of the law applicable under international private law, and subject to the proviso that:

1.

by way of derogation from § 501 of the Commercial Code, the shipower shall not be responsible for the fault of his people and of the ship ' s crew if the damage is caused by conduct in the management or other operation of the ship or by fire or an explosion on board the ship has occurred and the measures have not been taken mainly in the interest of the cargo;

2.

by way of derogation from § 504 of the Commercial Code, the compensation to be provided under sections 502 and 503 of the Commercial Code is limited due to loss or damage to an amount of 666.67 units of account for the piece or unit;

3.

by way of derogation from Article 525 of the Commercial Code, the obligations of the carrier from the rules to be applied under this Article cannot be excluded or limited in advance by legal business;

4.

by way of derogation from Section 609 of the Commercial Code, the limitation of claims for compensation for loss of or damage to goods cannot be facilitated.

The right of the parties to make a choice of law shall remain unaffected. (2) If a connossement is issued in Germany, the first sentence of paragraph 1 shall apply only if the connossement is related to the carriage of goods from or to a port in a other Contracting State of the Hague Rules. (3) The State Party of the Hague Rules is not to be regarded as a State which at the same time is a State Party to a Protocol of Amendment to the Hague Rules. Unofficial table of contents

Species 7

(1) The following provisions of the Commercial Code shall also apply if the ship is not operated for purchase by sea:

1.

§ 480 on the responsibility of the shipowner for a member of the ship's crew and a pilot operating on board,

2.

§ 570 to 573 and 606 (2), the latter in conjunction with Section 607 (6) and § 608, on liability in the event of the collision of ships,

3.

§ § 574 to 587 and 606 (3), this in conjunction with Section 607 (7) and § § 608 and 610, on Bergung,

4.

§ § 611 to 617 on the limitation of liability.

(2) The provisions of § § 611 to 617 of the Commercial Code shall also apply to claims which are not based on the provisions of the Commercial Code, and to other than private-law claims. (3) Liability for maritime claims arising from Incidents up to the entry into force of the 1996 Protocol amending the 1976 Convention on the Restriction of Liability for Maritime Claims (BGBl). 790) or pending the entry into force of a subsequent amendment to the Convention for the Federal Republic of Germany, it may be limited to the provisions applicable up to the date of the respective incident. Unofficial table of contents

Art 8

(1) § § 574 to 580, 582 to 584, 587 and 606 number 3, this in conjunction with Section 607 (7) and Articles 608 and 610 of the Commercial Code, are, in so far as the sentence 3 and paragraph 3 do not provide otherwise, without regard to the The law applicable to international private law. However, the division of the salvage and the special remuneration between the Berger and its servants shall be determined, if the rescue is carried out by a ship, in accordance with the law of the State whose flag the vessel is flying, otherwise according to the The right to which the contract concluded between the Berger and its staff is subject. The right of the parties to make a choice of law remains unaffected; however, subject to the legal relationship of foreign law, § 575 (1) and § 584 (2) of the Commercial Code are nevertheless to be applied. (2) Are those referred to in the first sentence of paragraph 1 (3) In the case of salvage operations by a public authority, the obligations between the parties shall be governed by the law of the State in which the Authority. Unofficial table of contents

Art 9 to 14 ----

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Species 15

(1) The private-law provisions of the Land laws remain unaffected insofar as it is determined in this Act or is referred to the Land Laws in the Commercial Code. (2) As far as the Land laws remain unaffected, new National legislation is adopted. Unofficial table of contents

Species 16

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Art 17

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Species 18

The statutory provisions on the contract between the brewer and the host shall remain unaffected by the supply of beer in so far as they regulate the obligations arising out of the contract in the event of non-special agreements shall be taken. Unofficial table of contents

Type 19 to 21 (omitted)

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Species 22

(1) Companies registered in the Commercial Register at the time of the entry into force of the Commercial Code may be continued to the extent that they were permitted under the provisions of the previous rules. (2)

Second section
Transitional provisions on balance sheet directives-law

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Art 23

(1) The date of entry into force of Articles 1 to 10 of the Accounting Directives Act of 19 December 1985 (BGBl. 2355), the current version of the provisions on the annual accounts and the annual report, and the obligation to disclose the same and the documents relating thereto, shall be for the first time on the financial year commencing after 31 December 1986 , The new rules can be applied to an earlier financial year, but only in total. (2) The version of the rules on consolidated financial statements and the provisions of the provisions of Articles 1 to 10 of the Accounting Guidelines Act as amended by the entry into force of Articles 1 to 10 of the Accounting Directives. The group management report as well as the obligation to disclose the same and the relevant documents shall be applied for the first time to the financial year beginning after 31 December 1989. The new rules can be applied to an earlier financial year, but only as a whole. Parent companies, which are already obliged to apply the Accounting Directives Act to the Consolidated Financial Reporting Act, do not need to include subsidiaries domiced abroad in the case of previous application of the new rules, and do not apply uniform valuation methods within the meaning of § 308 and § § 311, 312 of the Commercial Code relating to associated companies. (3) The version of the law applicable from the entry into force of Articles 1 to 10 of the Accounting Directives Act Rules on the obligation to audit the annual accounts and the management report shall apply to: Companies which, on the entry into force of the Accounting Directives Act, do not have to have their annual accounts examined pursuant to federal legislation for the first time in respect of the financial year commencing after 31 December 1986. The version of the provisions on the obligation to audit the consolidated financial statements and the group management report, as amended by the entry into force of Articles 1 to 10 of the balance sheet directive, is applicable to companies which, at the date of entry into force of the Balance sheet guidelines-Act not required for group accounting to be applied for the first time for the financial year beginning after 31 December 1989. The audit opinion pursuant to Section 322 (1) of the German Commercial Code shall be applied for the first time to annual accounts, consolidated financial statements and partial consolidated financial statements, as well as to annual reports, group management reports and partial group management reports, which shall be published on 1 January (4) Section 319 (2) No. 8 of the Commercial Code is to be applied for the first time to the sixth financial year beginning after the entry into force of the balance sheet law. (5) The new financial statements are Do not apply the provisions of paragraphs 1 to 3 to an earlier financial year and if they are not applied voluntarily, the version of the amended or repealed provisions in force on 31 December 1985 shall be applied for the financial year. Sentence 1 shall apply to companies with limited liability in respect of the application of the law on the accounting of certain undertakings and groups of undertakings. Unofficial table of contents

Species 24

(1) Goods of assets of fixed assets in the annual accounts for the financial year ending 31 December 1986 or current with a lower value, than it is in accordance with § 240 (3) and (4), § 252, 253 (1), 2 and 4, § § 254, 255, 279 and The lower value of the commercial code may be maintained in accordance with the provisions of Article 280 (1) and (2) of the Commercial Code. Section 253 (2) of the Commercial Code is to be applied in this case, subject to the proviso that the lower value of the value is to be reduced by scheduled depreciation in accordance with the expected remaining period of use. (2) Goods of property of the Circulation assets in the annual accounts for the financial year ending 31 December 1986 or running at a lower value than it is in accordance with § § 252, 253 para. 1, 3 and 4, § § 254, 255 para. 1 and 2, § § 256, 279 para. 1 sentence 1, para. 2, § 280 para. 1 and 2 of the Commercial Code, the lower value of the advertising shall be maintained in so far as it is permissible to: as

1.

it has been scheduled for the reasons of section 253 (3), § § 254, 279 (2), section 280 (2) of the Commercial Code, or

2.

it is a lower rate of value within the meaning of Section 253 (4) of the Commercial Code.

(3) Where the initial application of Section 268 (2) of the Commercial Code on the presentation of the development of fixed assets does not result in the acquisition or production costs of an asset of the fixed assets without disproportionate Where costs or delays are established, the carrying amounts of these assets may be taken over from the annual accounts of the preceding financial year as the original cost of acquisition or production and shall be continued. The first sentence may be applied in accordance with the presentation of the item entitled "expenses for the establishment and expansion of business operations". Capital companies must specify the application of sentences 1 and 2 in the appendix. Unofficial table of contents

Species 25

(1) The audit of the annual accounts

1.

of public limited liability companies, companies with limited liability and companies in which no personally liable partner is a natural person, if the majority of the shares and the majority of the voting rights in these companies are Cooperatives or audit associations approved for the examination of cooperatives, or

2.

of undertakings which were recognised as non-profit housing undertakings or as organs of public housing policy on 31 December 1989 and which are non-registered cooperatives,

§ 319 (1) of the Commercial Code is to be applied in such a way that these companies or companies may also be examined by the Examining Association, to which they belong as a member, provided that more than half of the managing directors Members of the Board of Management of this audit association are auditors and the Examining Association has been awarded the examination law before 29 May 2009. If the Board of Examiners has only two members of the Board of Management, one of them must be an auditor. § 319 (2) and (3) and § 319a (1) of the German Commercial Code shall apply accordingly to the statutory representatives of the Examination Association and to all persons employed by the Examination Association who may influence the outcome of the examination; § 319 (3) sentence 1 no. 2 shall not apply to members of the supervisory board of the examination board if it is ensured that the auditor can carry out the examination independently of the instructions by the supervisory body. (2) During the examination of the annual accounts of the companies or undertakings referred to in paragraph 1 by means of an audit association, the statutory audit opinion may only be signed by auditors. The auditors working in the examination board have independent, conscientious, conscientious, concealed and self-responsibility to exercise their audit activity. In particular, they have to behave impartially in the reimbursement of audit reports. Instructions must not be given to them in respect of their audit activities by persons who are not auditors. The number of accountants active in the association must be such that the auditors who sign the audit opinion can be held responsible for the audit. (3) Is a non-profit making public on 31 December 1989 A housing company or a company recognized as an institution of public housing policy as a public limited company, a limited partnership on shares or as a company with limited liability for the establishment of a consolidated financial statements and a company Group management report after the second subsection of the second section of the third book of the Commercial Code, the Audit Association, to which the company belongs, is also the statutory auditor of the consolidated financial statements. Unofficial table of contents

Species 26

(1) The statutory auditor pursuant to Section 319 (1) sentence 1 of the Commercial Code may also be a person ordered pursuant to Section 131f (2) of the Chartered Accountant Code. Statutory auditor pursuant to Section 319 (1) sentence 2 of the Commercial Code may also be a person ordered pursuant to Section 131b (2) of the Public Accountants ' Code. For the purpose of carrying out the audit of annual accounts and annual reports, these persons have the rights and obligations of auditors. (2) For the purposes of the application of Section 319 (2) and (3) of the Commercial Code, as amended by the Accounting Guidelines Act shall be disregarded as a member of the Supervisory Board of the undertaking to be audited, if at the latest by the termination of the first meeting of the shareholders or members of the company to be audited, which after the entry into force of the Balance guidelines-Law takes place, ends. Unofficial table of contents

Species 27

(1) If a parent company has a subsidiary undertaking before the first application of Section 301 of the Commercial Code into its consolidated financial statements on the basis of a statutory obligation or voluntarily in accordance with one of the principles of the regular This provision does not need to be applied to this subsidiary, which is the method of accounting. Section 309 of the Commercial Code is to be applied to an outstanding difference from the former capital consolidation, insofar as the parent company does not apply the difference in the corresponding application of Section 301 (1) sentence 3 of the German Commercial Code. (2) If a parent undertaking is obliged to apply Article 301 of the German Commercial Code to an already existing company law, the German Commercial Code shall be subject to the obligation of a parent company to To apply or apply its consolidated financial statements to its consolidated financial statements (3) Paragraphs 1 and 2 are accordingly applicable to the treatment of shareholdings in associated companies. The following provisions shall apply to the treatment of holdings in the associated countries. (4) In the case of the first application of Sections 303, 304, 306 or 308 of the Commercial Code, if an increase or decrease of the result is obtained, the difference in the amount of the profit can be made in the Profit reserves are set or are openly charged with them; this amount is not Part of the annual result. Unofficial table of contents

Species 28

(1) For a current pension or a pension on a pension on the basis of an immediate pledge, a provision in accordance with Section 249 (1) sentence 1 of the Commercial Code does not need to be formed if the pensioner has his or her pension rights. Legal claim acquired before 1 January 1987, or a legal claim acquired prior to that date increased after 31 December 1986. In the case of an indirect obligation arising from a pledge for a current guesthouse or a pension on a pension as well as for a similar direct or indirect obligation, a provision shall not be made in any case. (2) The application of paragraph 1 shall indicate to capital companies the provisions not shown in the balance sheet for current pensions, pensions and similar obligations in each of the notes and in the consolidated financial statements in an amount.

Third Section
Transitional legislation on the implementation of the EC Directive on the coordination of the right of commercial agents to the 23. October 1989 (BGBl. I p. 1910)

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Species 29

§ § 86, 86a, 87, 87a, 89, 89b, 90a and 92c of the Commercial Code, in the version valid on 31 December 1989, until the end of the day, shall be based on commercial contractual relationships, which are justified before 1 January 1990 and still exist on that date. of 1993. Unofficial table of contents

Art 29a

Section 90a (2) and (3) of the Commercial Code in the version in force as from 1 July 1998 shall also apply to claims arising from commercial agency contracts established before 1 July 1998, which have not yet been passed in a legally binding manner.

Fourth Section
Transitional provisions on the Bank Balance Directive-Law

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Art 30

(1) The date of entry into force of Articles 1 to 10 of the Bank Balance Sheet Law of 30 November 1990 (BGBl. 2570), the current version of the rules on the annual accounts, the management report and their examination, and the obligation to disclose them and the documents accompanying them shall be for the first time on the date of 31 December 1992. (2) The version of the provisions relating to the consolidated financial statements, the group management report and the review thereof, as well as the obligation to disclose the consolidated financial statements, from the entry into force of Articles 1 to 10 of the Bank Balance Sheet Directive. and the accompanying documents shall, for the first time, be referred to the date of commencement after 31 December 1992 This shall also apply to credit institutions for the first-time application of the provisions referred to in the first sentence of Article 23 (2). The new rules, including those relating to the annual accounts, may be applied to the consolidated financial statements of a previous financial year, but only as a whole; Article 23 (2), third sentence, shall be applied accordingly. (3) For financial years, which start before 1 January 1993, the provisions on the annual accounts, the annual report and the examination thereof, and the obligation to disclose the same and the documents relating thereto, shall be published in the version in force on 1 January 1986 and the Provisions of the Regulation on forms for the breakdown of the annual accounts of Credit institutions as amended by the Notice of 14 September 1987 (BGBl. 2169). (4) For financial years beginning before 1 January 1993, the provisions relating to the consolidated financial statements, the group management report and their examination, and the obligation to disclose the same and the documents related thereto shall be applicable. in the version in force on 31 December 1985, provided that the new provisions are not applied voluntarily. Where, in accordance with Article 23 (2), the provisions of the version in force on 1 January 1986 are applied voluntarily, the provisions of the first sentence shall apply on the understanding that those provisions shall apply. Where the consolidated financial statements are to be applied in respect of the annual accounts, paragraph 3 shall apply accordingly. Unofficial table of contents

Art 31

(1) Goods such as fixed assets treated assets in the annual financial statements for the financial year ending 31 December 1992 or current, with a lower value than it is in accordance with § 240 (3) and (4), § 252, 253 (1) and (2), § § 254, 255, 279, 280 (1) and (2) and § 340e of the Commercial Code, the lower value of the value may be maintained. Section 253 (2) of the Commercial Code is to be applied in such a case with the proviso that the lower value of the value is to be reduced by scheduled depreciation and amortization in accordance with the probable remaining time of use. (2) Goods not as fixed assets treated assets in the annual accounts for the financial year ending 31 December 1992 or current, with a lower value than it is in accordance with § § 252, 253 para. 1 and 3, § § 254, 255 para. 1 and 2, § § 256, 279 para. 1 sentence 1, para. 2, § § § § 252, Section 2, Section 2, Section 2, Section 2, Section 2, Article 280 (1) and (2) and Section 340f (1), first sentence, of the Commercial Code shall be permitted, the lower The value added shall be maintained in so far as

1.

it has been scheduled for the reasons of section 253 (3), § § 254, 279 (2), section 280 (2) of the Commercial Code, or

2.

it is a lower rate of value within the meaning of Section 340f (1) sentence 1 of the Commercial Code.

The provisions of Section 26a (1) of the Law on Credit Charges can be continued. (3) When § 340a is used for the first time in conjunction with Section 268 (2) of the Commercial Code, the provision of the development of the Assets treated as assets cannot be fixed at the cost of the acquisition or production of an asset without undue costs or delays, the carrying amounts of those assets may be obtained from the assets of the assets of the Annual accounts of the previous financial year as initial purchase or purchase Production costs will be taken over and continued. The first sentence may be applied in accordance with the presentation of the item entitled "expenses for the establishment and expansion of business operations". The application of sentences 1 and 2 shall be indicated in the Annex.

Fifth Section
Transitional provisions on the insurance balance directive-law

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Species 32

(1) The version of the provisions relating to the annual accounts, the annual report, the consolidated financial statements, the group management report and its examination, as amended by the entry into force of Articles 1 to 5 of the insurance balance sheet law of 24 June 1994, as well as the obligation to disclose this document and the accompanying documents shall be applied for the first time to the financial year beginning after 31 December 1994. In the Regulation to be adopted pursuant to Article 1 of the Insurance Balance Directive (Article 330 (1) in conjunction with paragraphs 3 and 4 of the Commercial Code), it may be determined that the time value of the land and buildings in the Annex for the first time shall be for the first time for the after 31 December 1998, the financial year beginning after 31 December 1998 and the time value for the assets referred to in section 341b (1), second sentence, section 2 of the Commercial Code shall be disclosed for the first time in respect of the financial year beginning after 31 December 1996. (2) Financial years beginning before 1 January 1995 shall be subject to the rules governing the The annual accounts, the management report, the consolidated financial statements, the group management report and their examination, as well as the obligation to disclose these and the related documents in the version in force on 1 January 1986 and the provisions of the regulation on the accounting of insurance undertakings of 11 July 1973 (BGBl. 1209), as last amended by the Regulation of 23 December 1986 (BGBl I). 2). (3) Sites within the scope of this Act by insurance undertakings established in another Member State of the European Community need the rules on the annual accounts, the management report and the whose examination and the obligation to disclose it and the accompanying documents in the version up to the date of entry into force of Articles 1 to 5 of the Insurance Directive-Law of 24 June 1994-already in force on financial years, which after 31 December 1993, cease to apply if they comply with the provisions of on the obligation to disclose the annual financial statements, the management report, the consolidated financial statements, the group management report and the documents related thereto in the date of entry into force of Articles 1 to 5 of the Insurance Balance Sheet Law of 24 December 2007, (4) Section 341b (2) of the Commercial Code, as amended on 4 April 2002, shall be applied for the first time to the annual and consolidated financial statements for the financial year ending 30 September 2001 or later. Section 341b (2) of the Commercial Code, as amended on 3 April 2002, is to be applied last year to the annual and consolidated financial statements for the financial year ending on 30 September 2001. Unofficial table of contents

Type 33

(1) Goods such as assets treated as fixed assets, at the end of the financial year ending 31 December 1994 or current, are valued at a lower value than they are in accordance with Section 240 (3) and (4), § 252, 253 (1) and (2), § § 254, 255, 279, The lower value of the valuation shall be maintained in accordance with Article 280 (1) and (2) and in sections 341b to 341d of the Commercial Code. Section 253 (2) of the Commercial Code is to be applied in this case with the proviso that the lower value of the value is to be reduced by scheduled amortization in accordance with the expected remaining period of use. (2) Goods not as fixed assets Assets treated in the annual accounts for the financial year ending 31 December 1994 or current with a lower value than it is in accordance with § § 252, 253 para. 1, 3 and 4, § § 254, 255 Abs.1 and 2, § § 256, 279 para. 1 sentence 1, para. 2, § § § § 252. 280 (1) and (2) as well as § § 341b to 341d of the Commercial Code shall be permitted, the (3) (3) (omitted) (4) (omitted) (5) (away) (3) (omitted) (3) (omitted) (3) (omitted) (3) (omitted) (3) (omitted) (3) (omitted) (3) (omitted)

Sixth Section
Transitional provisions on the law implementing the Eleventh Company Law Directive of 22 July 1993

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Species 34

(1) In the case of national branches of public limited liability companies, limited liability companies on shares and limited liability companies with registered offices abroad, which have been entered in the Commercial Register before 1 November 1993, the To register for registration in the Commercial Register up to 1 May 1994, the information required by Section 13e (2) sentence 4 of the Commercial Code. Within this period, the legal representatives shall also notify the address and subject matter of the branch, unless the notification of the establishment of the branch has already provided that information. (2) Has a Aktiengesellschaft, Kommanditgesellschaft auf Aktien oder Gesellschaft mit beschränkter Haftung with registered office abroad on 1 November 1993 several domestic branches or erect them next to one or more already existing domestic branches Branches of other domestic branches, such is § 13e (3) § § 289, 325a and 335 of the Commercial Code in the version in force as from 1 November 1993 shall apply for the first time to the financial year beginning on 31 December 1992.

Seventh Section
Transitional provisions on the Follow-up Limitation Act

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Art 35

Section 160 of the Commercial Code, as amended on 26 March 1994, shall apply to liabilities incurred prior to that date, if:

1.

the resignation of the shareholder or his change to the legal status of a co-anditist shall be entered in the commercial register after 26 March 1994; and

2.

the liabilities are due no later than four years after registration.

Liabilities within the meaning of the first sentence, which shall be due later, shall be subject to the law in force until now, subject to the proviso that the limitation period shall be one year. Unofficial table of contents

Art 36

(1) By way of derogation from Article 35, Section 160 (3), second sentence, of the Commercial Code shall also apply to liabilities within the meaning of the second sentence of Article 35 if they have been incurred in the form of continuing employment relationships. This shall also apply where the change in the legal position of the shareholder has already taken place before 26 March 1994, on the understanding that this change shall be deemed to have been entered in the commercial register by 26 March 1994. (2) The disclosure in accordance with The provisions of paragraph 1 shall not apply to claims on remuneration for which the employee is not entitled to insolvency in the event of the insolvency of the company. To this extent, it remains the law applicable to date. Unofficial table of contents

Art 37

(1) Articles 26 and 28 (3) of the Commercial Code in the version in force as of 26 March 1994 shall apply to liabilities incurred prior to that date if:

1.

the new owner or company is registered after 26 March 1994, or the transaction is to be held, and

2.

the liabilities are due no later than four years after the registration or the customer's presentation.

Liabilities within the meaning of the first sentence due on later due date shall be subject to the current law with the proviso that the limitation period shall be one year. (2) By way of derogation from paragraph 1, Section 28 (3) of the Commercial Code shall also apply to: Liabilities within the meaning of the second sentence of paragraph 1, if they have been incurred from continuing employment relationships. This shall also apply if the company has already been entered into the commercial register before 26 March 1994, on the understanding that 26 March 1994 shall be deemed to be the date of registration. (3) The disclosure referred to in paragraph 2 shall not apply to claims relating to: Remuneration for which the employee is not entitled to insolvency in the event of the insolvency of the company. To this extent, it remains the law applicable to date.

Eighth section
Transitional provisions on the Trade Law Reform Act

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Art 38

Has the modification of the firm of a single merchant or a commercial company exclusively the inclusion of the name prescribed in accordance with Article 19 (1) of the Commercial Code in the version as amended from 1 July 1998, This amendment does not require the registration for registration in the commercial register. Unofficial table of contents

Type 39 to 41 (omitted)

Ninth Section
Transitional provisions on the introduction of the euro

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Species 42

(1) § § 244, 284 para. 2 no. 2, § 292a (1) sentence 1, § 313 (1) No. 2 and § 340h (1) sentence 1 and 2 of the Commercial Code in the version valid from 1 January 1999 shall apply for the first time to the financial year ending on 31 December 1998. The annual and consolidated financial statements may also be drawn up in the German mark, the last for the financial year ending in 2001. If the annual accounts and the consolidated financial statements according to the second sentence are drawn up in German mark, the information required pursuant to § 284 (2) No. 2, § 292a (1) sentence 1, § 313 (1) No. 2 as well as § 340h (1) sentence 1 and 2 shall continue to be included in the German mark to make. Section 328 (4) of the Commercial Code shall be applied last year to the financial year ending 31 December 1998 at the latest. (2) If the annual accounts and the consolidated financial statements are drawn up in euros, Section 265 (2) of the German Commercial Code shall be subject to the conditions laid down in Section 328 (2) of the German Commercial Code. for each item to indicate the corresponding amount of the preceding financial year in euro. For a financial year ending before 1 January 1999, the conversion shall also take the form of a conversion rate irrevocably fixed by the Council of the European Union in accordance with the first sentence of Article 109l (4) of the EC Treaty. Sentence 2 shall apply in accordance with the presentation of the development of the individual items of fixed assets and of the item "expenses for the establishment and expansion of the business operations" in the balance sheet or in the annex pursuant to section 268 (2) of the (3) Companies before the conversion of their subscribed capital to euro on the annual and consolidated financial statements in euros may continue to be recorded in the German mark in the pre-column of the balance sheet, provided that the amount will be shown in the main column. If companies account for the annual and consolidated financial statements after the conversion of their subscribed capital to Euro in the German mark, the subscribed capital may be entered in the pre-column in euros, provided that the amount resulting from the German mark is in the main column. Instead of the badge in the pre-column, the subscribed capital may also be indicated in the appendix. Unofficial table of contents

Art 43

(1) loans, receivables and liabilities denominated in monetary units of the other Member States participating in Economic and Monetary Union or of the ECU within the meaning of Article 2 of Council Regulation (EC) No 1103/97 of 17 June 1997 1997. EC No 1), the following dates shall be set out in the annual accounts and consolidated accounts at the end of 31 December 1998, at the end of the year and at the end of the consolidated financial statements, with the date of irrevocably determined by the Council of the European Union in accordance with the first sentence of Article 109l (4) of the EC Treaty Conversion rate to be converted and applied. Income resulting from the conversion and the corresponding balance sheet approach may be entered on the liabilities side in a separate item under the heading "Special items from the currency changeover to the euro" according to the equity. The item shall be disregarded in so far as the loans, claims and liabilities for which it has been formed are to be removed from the company ' s assets and, at the latest, at the end of the fifth after 31 December 1998. (2) In the special items referred to in the second sentence of paragraph 1, income from the activation of assets resulting from the irrevocable determination of exchange rates may also be adjusted. The third sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Species 44

(1) The expenditure on the changeover to the euro may be activated as accounting aid in so far as it relates to self-created intangible assets of fixed assets. The item is to be drawn up in the balance sheet under the name 'expenditure on the changeover to the euro' before the investment assets. The amounts shown as accounting aid shall be depreciated for at least one quarter by depreciation in each of the following financial years. In the annual accounts of corporations, the item in the Annex shall be explained. If such expenses are shown in the balance sheet of capital companies, profits may only be distributed if the remaining resolvable retained earnings after the payout plus a profit and minus profit. (2) Paragraph 1 shall apply for the first time to the financial year ending on 31 December 1997. Unofficial table of contents

Art 45

(1) Registrations for registration in the Commercial Register, which only replace the amounts denominated in Deutsche Mark by means of which the Council of the European Union has irrevocably fixed the amounts required under Article 109l (4) (1) of the EC Treaty. The amount of the conversion rate determined in euro shall not be in the form prescribed in Section 12 of the Commercial Code. By way of derogation from § 10 of the Commercial Code, the corresponding entries are not disclosed. (2) For the purpose of registering the increase in basic or capital capital from company funds or the reduction of the capital to the next higher or lower capital. the next lower amount by which the nominal amounts of the shares to the full euro or the nominal amounts of the shares may be denominated in euros by ten dividable amounts; the trade register shall be half of the sum of the shares in section 105 (1). Point 3 or 4 of the General Court and Notary Costs Act as a business value on the basis of the

Tenth section
Transitional provisions on the law on control and transparency in the business sector

Unofficial table of contents

Species 46

(1) § § 285, 289, 297, 315, 317, 321, 322, 340a and 341k of the Commercial Code, as amended by the Law on Control and Transparency in the Business Unit, shall apply at the latest to the financial year beginning after 31 December 1998. Section 323 of the Commercial Code, as amended by the law referred to in the first sentence, shall be applied for the first time to the examination of the financial statements for the financial year commencing after 31 December 1998. (2) § 319 of the Commercial Code as amended by the Act of the (3) The new rules under paragraphs 1 and 2 shall not apply to an earlier financial year and shall be subject to the new rules and regulations in accordance with the first sentence of paragraph 1, which is not applied voluntarily, the financial year shall be 30 April 1998 to apply the amended provisions in force.

Eleventh Section
Transitional provisions on the renewal of tax and trade-law retention periods

Unofficial table of contents

Art 47

Section 257 (4) of the Commercial Code, as amended by Article 4 of the Law of 19 December 1998 (BGBl. I S 3816) shall apply for the first time to documents whose retention period has not yet expired in accordance with Article 257 (4) of the Commercial Code in the version in force until 23 December 1998.

Twelfth section
Transitional provisions on the Capital Companies Act and the Co-Directive

Unofficial table of contents

Species 48

(1) The provisions of the second section of the Third Book of the Commercial Code, as amended on 9 March 2000, are for the first time on the basis of open trading companies and limited partnerships within the meaning of Section 264a of the Commercial Code. Financial statements and annual reports as well as consolidated financial statements and group management reports for the financial year commencing after 31 December 1999; they may be applied to an earlier financial year, but only as a whole. § 264 (4), § § 267, 292a (1), § 313 (2) No. 4 sentence 2, § 314 (1) No. 6 (a) sentence 1, § 325 (1) sentence 1, subsection 3 sentence 1, § 326 sentence 1, § § 335a, 335b, 339 para. 1 sentence 1, para. 2, § 340o and 341o of the Commercial Code of 9 March The first annual and consolidated financial statements for the financial year commencing after 31 December 1998 shall be applied for the first time, subject to the first sentence, in force 2000. Section 335 of the Commercial Code, as amended by 8 March 2000, is to be applied last for the enforcement of the obligations set out in the first sentence of this provision, in so far as it relates to a financial year commenced before 1 January 1999. (2) Goods of fixed assets in the annual financial statements for the financial year ending 31 December 1999 are valued at a lower value than in accordance with § 240 (3) and (4), § 252, 253 (1), (2) and (4), § § 254, 255, 279 and Under Article 280 (1) and (2) of the Commercial Code, the lower value of the value may be maintained. . Section 253 (2) of the Commercial Code is to be applied in such cases, subject to the proviso that the lower value of the value is to be reduced by scheduled depreciation in accordance with the expected remaining period of use. (3) Goods of the Circulation assets in the annual financial statements for the financial year ending 31 December 1999 or current with a lower value than it is in accordance with § 252, 253 para. 1, 3 and 4, § § 254, 255 para. 1 and 2, § § 256, 279 para. 1 sentence 1, para. 2, § 280 para. 1 and 2 of the Commercial Code, the lower value of the value may be maintained in so far as for the reasons of section 253 (3), § § 254, 279 (2), § 280 (2) of the Commercial Code. (4) Change in the initial application of the provisions of Articles 1 and 5 of the Capital Societies-and § 264a of the German Commercial Code (Handelsgesetzbuch) the current form of presentation or the valuation methods used to date, such are § 252 (1) (6), § 265 (1), § § 265 (1), § § 264a of the German Commercial Code. 284 (2) (3) of the Commercial Code, when an annual financial statements were drawn up for the first time in accordance with the amended Rules not applicable. In addition, the figures for the previous year need not be stated on the first application. (5) When the first application of Section 268 (2) of the Commercial Code on the presentation of the development of the fixed assets is used, the purchase or purchase of the investment is not required. Where the cost of an asset of the fixed assets cannot be determined without disproportionate costs or delays, the carrying amounts of those assets may be obtained from the annual accounts of the preceding financial year as initial acquisition or production costs; and shall be continued. The first sentence may be applied in accordance with the presentation of the item entitled "expenses for the establishment and expansion of business operations". The application of sentences 1 and 2 shall be indicated in the Annex. The first and second sentences are not to be applied to the extent that, for reasons of tax law, the cost of acquisition or production must be determined. (6) Persons trading companies within the meaning of Section 264a of the Commercial Code shall have the right to apply the provisions of the article. The first subparagraph of Article 28 (1) is to make the information required by Article 28 (2) for the first time in respect of the financial year beginning after 31 December 1999.

Thirteenth Section
Transitional provision for the adjustment of the demarcation characteristics for size-dependent exemptions in the apportionment of the consolidated financial statements in accordance with § § 290 to 293 of the German Commercial Code

Unofficial table of contents

Art 49

Section 293 (1) of the Commercial Code shall apply for financial years beginning after 31 December 1998 and ending at the latest on 31 December 1999, subject to the following measures:

1.

Enter Number 1

a)

in point (a), the amount of money of "80,670,000 Deutsche Mark", to the amount of "32,270,000 Deutsche Mark",

b)

in point (b), the sum of the sum of money "64.540.000 Deutsche Mark" of the amount of "161,330,000 Deutsche Mark" and

c)

in point (c), the number of employees "250", the number of employees "500",

2.

Enter paragraph 2

a)

in the case of the sum of the sum of 26 890,000 Deutsche Mark, the amount of money of "67,230,000 Deutsche Mark",

b)

in point (b), the amount of the sum of money of "134,460,000 Deutsche Mark" (53,780,000 Deutsche Mark), and

c)

in point (c), the number of employees "250" is replaced by "500".

Fourteenth Section
Transitional provision on the law amending the rules governing the activities of auditors

Unofficial table of contents

Species 50

Section 319 (2), second sentence, No. 2 and Section 3 (7) of the Commercial Code, as amended on 1 January 2001, are for the first time for the examination of a public limited company which has issued shares with official listing for the purpose of examining the financial statements for to apply the financial year commencing after 31 December 2002.

Fifteenth Section
Transitional provisions on the Euro-balance sheet law

Unofficial table of contents

Art 51

(1) Section 323 (2) and Section 340k (4) of the Commercial Code, as amended on 1 January 2002, shall apply for the first time to the examination of the financial statements for a financial year ending on 31 December 2001. Section 323 (2) and 340k (4) of the German Commercial Code (Handelsgesetzbuch) in the version valid until 31 December 2001 are to be applied last time to the examination of the financial statements for a financial year ending at the latest on 31 December 2001. (2) § 325a (1) sentence 3 bis 5, § 340l (2) sentence 3 and 4, section 4 of the Commercial Code in the version in force on 15 December 2001 are for the first time on the disclosure of the annual and consolidated financial statements, the management report and the group management report as well as the related documents for the financial year ending 31 December 2000 or later. § 325a (1) sentences 3 and 4, § 340l (2) sentence 3 and 4, section 4 of the Commercial Code, as amended on 14 December 2001, are the last time the disclosure of the annual and consolidated financial statements, the management report and the group management report as well as the to apply the relevant documents for the financial year ending 31 December 2000. If the disclosure of the annual and consolidated financial statements, the management report and the group management report, as well as the related documents of a financial year ending before 31 December 2000, has not yet been carried out and the company is The fact that the provisions of the first sentence of sentence 1 are not to be applied may be applied to the disclosure.

Sixteenth section
Transitional provision on electronic registers and legal costs of telecommunications

Unofficial table of contents

Species 52

In the case of legal persons registered in accordance with § 33 of the Commercial Code, Open Trading Companies and KommanditCompanies, the registration and registration of a representative power of the personal shall not take place until a provision of the social contract or of the articles of association which deviates from the statutory provisions is declared and registered by the representative authority, or if the company has a legal status of for the first time, the liquidators are registered for registration and registered. The register court may also make the registration of a representative power corresponding to the statutory rule of law from its own point of view.

Seventeen Section
Transitional provisions on end-of-life vehicles

Unofficial table of contents

Art 53

(1) For obligations on the return and recovery of end-of-life vehicles in accordance with § § 3 to 5 of the End-of-Life Vehicle Regulation in the version of the notice of 21 June 2002 (BGBl. 2214), provisions relating to the vehicles placed on the market until the relevant closing date are to be made for the first time in the annual accounts for the financial year ending after 26 April 2002. (2) Insofar as the provisions referred to in paragraph 1 of this Article are concerned, the Obligations relating to vehicles which were placed on the market before 1 July 2002 may, as accounting aid, activate the difference between the provisions to be used for this purpose under paragraph 1 and the amount of the reserve , which shall be evenly measured when these provisions are collected Annual rates would exist. It shall be based on an accumulation period beginning with the financial year referred to in paragraph 1 and ending with the last financial year ending on 1 January 2007. The item is to be shown in the balance sheet under the name "compensatory amount according to the old-age vehicle law" before the investment assets. The fourth and fifth sentences of Article 44 (1) shall apply accordingly.

Eighteenth section
Transitional provisions on transparency and publicity law

Unofficial table of contents

Species 54

(1) The version of § 285 No. 9, § 286 (3), § 291 (3), § 297 (1) sentence 2, § 298 (1), § 299 (1), § 301 (1), § § 304, 308, 313 (3) of the entry into force of Article 2 of the Transparency and Publicity Act as amended by the entry into force of Article 2 of the Transparency and Publicity Act (§ § § § 34-1). 1 No. 6 as well as section 341j (2) of the Commercial Code shall be applied for the first time to the financial year beginning after 31 December 2002. The rules can be applied to an earlier fiscal year. The first sentence of § 285 No. 16, § 314 (1) No. 8, paragraph 2, § 316 (2) sentence 2, § 317 (4), § 321 (1) sentence 3, paragraph 2, § 325 (1) sentence 1, (3) sentence 1 and 2 of the entry into force of Article 2 of the Transparency and Publicity Act as amended by Article 2 of the Transparency and Publicity Act Section 341 (4) sentence 2 of the Commercial Code shall be applied for the first time to the financial year beginning 31 December 2001. (2) The first application of the provisions referred to in paragraph 1 shall be subject to an increase or decrease in the Result, the difference shall be set in the retained earnings or open with them. This amount shall not be part of the annual results.

Nineteen Section
Transitional provisions on the law on the reform of the law on the reform of the law

Unofficial table of contents

Species 55

(1) The regular period of limitation in accordance with § 195 of the Civil Code shall apply to the claims in accordance with § 323 of the Commercial Code, which are in existence on 1 January 2004 and which have not yet been subject to limitation. (2) The regular period of limitation according to § 195 of the German Commercial Code (BKR) The Civil Code shall be calculated on 1 January 2004. However, if the period of limitation expires in accordance with Section 323 (5) of the Commercial Code, which applies until 31 December 2003, earlier than the limitation period in accordance with Section 195 of the Civil Code, the limitation period shall be the expiry of the period of limitation in accordance with Section 323 (5) of the German Civil Code. Commercial code completed in the version in force until 31 December 2003, subject to a period of limitation.

Twentieth Section
Transitional provisions on the balance sheet control act

Unofficial table of contents

Species 56

(1) The provisions of the Sixth Section of the Third Book of the Commercial Code, as amended by the Accounting Control Act of 15 December 2004, shall apply for the first time to financial statements of the financial year ending on 31 December 2004 or later. Examinations by a recognised inspection body within the meaning of Section 342b (1) of the Commercial Code shall take place at the earliest from 1 July 2005. (2) In the first, after recognition of a test site pursuant to Section 342d of the Commercial Code, the order of The economic plan shall also take account of the costs which were necessary for the establishment of the inspection body, even if they have already been incurred prior to the recognition of the inspection body.

Twenty-one section
Transitional provisions relating to Regulation (EC) No 1606/2002 and the Accounting Law Reform Act

Unofficial table of contents

Type 57

On companies, of which

1.

only debt to trading on a regulated market of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area within the meaning of Article 1 (13) of Council Directive 93 /22/EEC of 10 May 1993 on investment services in the securities field (OJ C 139, EC No 27), as last amended by Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 (OJ L 201, 31.7.2002, p. EU 2003 No L 35 p. 1) has been amended; or

2.

securities to be admitted to public trading in a third country and which, for that purpose, have been applying internationally recognised accounting standards since the financial year, which began before 11 September 2002,

Finds Article 4 of 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, 31.12.2002, p. EC No 1), as amended, shall not be applied until the financial year beginning after 31 December 2006. The third country referred to in the first sentence of sentence 1 shall be a State which is neither a Member State of the European Union nor a State Party to the Agreement on the European Economic Area. Unofficial table of contents

Type 58

(1) § 267 (1) and (2), § 293 (1) of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Law Reform Act of 4 December 2004 (BGBl. I p. 3166) are to be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2003. (2) § 285 sentence 1 no. 18, 19, sentence 2 to 6, § § 286 to 288, 289 para. 2 no. 2, § 314 (1) No. 10, 11, § 315 (2) No. 2, § § § § § 315 (2) no. 327, 336, 338, 340a (2), § 341a (2) of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Law Reform Act are to be applied for the first time on annual and consolidated financial statements for the financial year beginning on 31 December 2003. The management report and the group management report shall also cover the expected development of the capital company and the group for financial years beginning after 31 December 2003 and ending at the latest on 31 December 2004. (3) § § 257, 285, first sentence, § 297 (1), § 297 (1), § 315a (1), § 315a (1), § 315a (1), § 315a (1), § § 324a (1), § § 324a (1), § 315a (1), § § 324a (1), § 315a (1), § § 324a (1), § 315a (1) and § § 324a (1) § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 340i, 340j, 340l para. 5, § 341j (1), § 341l (4) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Reform Act for the first time on the financial year beginning after 31 December 2004. Section 315a (2) of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Law Reform Act shall apply for the first time to the financial year beginning after 31 December 2006. Section 318 (3) of the German Commercial Code (Handelsgesetzbuch), as amended by the Accounting Law Reform Act, is to be applied for the first time to the replacement procedures, which will be applied for after 31 December 2004. § § 257, 289 (1), § 291 (3), § § 292a, 294 (3) sentence 1, § § 295, 297 (1), § 298 (3), § 313 (2) No. 1, § 315 (1), § 317 sec. 2, § § 321, 322, 325, 328, 339, 340a (1), § 340i, 340j, 341j (1) of the Commercial Code shall be applied last time to the financial year commencing before 1 January 2005. Section 292a of the Commercial Code shall also apply to parent companies which do not have an organised market within the meaning of Article 2 (5) of the Securities Trading Act in accordance with the financial years beginning on 31 December 2002 and before 1 January 2005. § § 319 and 319a of the Commercial Code as amended by the Accounting Law Reform Act shall, subject to the provisions of sentences 3, 4 and 6, apply for the first time to all statutory statutory audits for the period after 31 December 2004. the beginning of the financial year. The version of § 319 of the German Commercial Code, which is in force until 9 December 2004, is to be applied last time to all statutory audits of the financial year beginning 1 January 2005. § 319 (1) sentence 3 of the Commercial Code, as amended by the Accounting Law Reform Act, is applicable to all statutory audits, except for the examination of a public limited company which has issued shares with official listing, apply for the first time to the financial year commencing after 31 December 2005. § 319a (1) sentence 1, no. 1, 4 and sentence 4 of the Commercial Code, as amended by the Accounting Law Reform Act, shall apply for the first time to statutory audits of the financial year beginning after 31 December 2006. Section 319 (3) (6) of the Commercial Code shall apply to statutory audits for financial years beginning before 1 January 2007, in the version valid up to 9 December 2004. Section 319 (3), first sentence, No. 3 and § 319a (1), first sentence, of the Commercial Code, as amended by the Accounting Law Reform Act, shall not apply to statutory audits for financial years beginning before 1 January 2006, if the contract is to be applied to the Provision of the services mentioned there before the 29th (5) A parent company (§ 290 of the Commercial Code) fulfils the conditions set out in Article 57, first sentence, No. 1. of this Act, the version of Section 297 (1) of the Commercial Code, as applicable until 9 December 2004, shall be subject to the last sentence of the fourth sentence of paragraph 3 to the financial year commencing before 1 January 2007; this shall not apply if: Consolidated financial statements according to § 315a (3) of the Commercial Code. In the cases referred to in the first sentence of Article 57, the accounting standards referred to in this provision may be applied in accordance with the provisions of Section 292a of the Commercial Code in the version in force until 9 December 2004, which shall apply to financial years, which shall: before 1 January 2007. (6) To the extent that Article 292a of the Commercial Code continues to apply in the version in force until 9 December 2004 in accordance with the fourth or fifth sentence of paragraph 3 or in the second sentence of paragraph 5, Section 331 (3) of the Commercial Code shall also be published in the shall continue to apply until 9 December 2004.

Twenty-second section
Transitional provisions relating to the Management Board Compensation Disclosure Act

Unofficial table of contents

Art 59

Article 285, first sentence, no. 9, point (a), § 286 (4), (5), § 289 (2) (5), § 314 (1) (6) (a), (2) sentence 2, § 315 (2) (4), § 334 (3), § 340n (3) and § 341n (3) of the Commercial Code, as amended by the Law of 3 August 2005 (BGBl. 2267) as well as § 315a (1) and § 325 (2a) of the Commercial Code, as amended by Article 145 of the Law of 19 April 2006 (BGBl. 866) shall be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2005. The provisions referred to in the first sentence shall also apply to companies within the meaning of Article 57, first sentence, No 2.

Twenty-three-part
Transitional provisions on the adoption directive-Implementation Act

Unofficial table of contents

Species 60

§ 289 (4), § 315 (4), § 334 (1) (3) and (4), § 340n (1) (3) and (4), and § 341n (1) (3) and (4) of the Takeover Directive-Implementation Act are for the first time on annual and consolidated financial statements for the period after 31 December 2005. the beginning of the financial year.

Twenty-fourth section
Transitional provisions on the law on electronic trade registers and cooperative registers and the business register

Unofficial table of contents

Art 61

(1) The national governments may, by means of a legal regulation, determine that applications and all or individual documents can also be submitted to the commercial register in paper form by 31 December 2009. In so far as a legal regulation is adopted in accordance with the first sentence, the provisions relating to the application to the commercial register and the filing of documents shall apply in their pending entry into force of the Law on Electronic Commerce Register and The Register of Cooperatives and the Business Register of 10 November 2006 (BGBl. 2553), as amended on 1 January 2007. The federal state governments can transfer the authorization pursuant to sentence 1 to the Land Justice Administrations by means of a decree law. (2) The Federal Ministry of Justice can, by means of a regulation without the consent of the Federal Council, determine that all or individual documents which are to be submitted electronically by the operator of the Federal Gazette until 31 December 2009 can also be submitted in paper form. (3) After receipt of an application for disclosure as an electronic document, documents which are within the period of 10 years preceding the application, Register court in paper form has been filed, transferred to an electronic document; § 8b (4) sentence 2 of the Commercial Code applies accordingly. In so far as a legal regulation is adopted in accordance with the first sentence of paragraph 1, the documents filed after 31 December 2006 in paper form shall be transferred without delay to an electronic document. (4) The Court of First Instance shall have the entries in the document Commercial register up to 31 December 2008 in addition to the electronic notice pursuant to § 10 of the Commercial Code, as amended by the Law on Electronic Trade Register and Cooperative Register, and the Business Register also in of a daily newspaper or any other sheet. The Court of First Instance shall annually designate in December the sheet in which the notices provided for in the first sentence of sentence 1 shall be made during the next year; § 11 of the Trade Register Regulation in the period until the entry into force of the Law on Electronic The Register of Trade Register and the Register of Cooperatives and the Business Register on 1 January 2007 will continue to apply to the selection and designation of the sheet. If the commercial register is held by a number of judges in a court of law and if they do not agree on the name of the sheet, the determination shall be taken by the regional court before the court; if that court is a member of the court, the court shall: The Chamber of Commercial Matters shall be replaced by the Civil Chamber. For the entry of the effects of the notice, only the electronic announcement according to § 10 sentence 1 of the Commercial Code is decisive. (5) § 264 para. 3, § 264b No. 3, § 287 sentence 3, § 290 para. 1, § 313 para. 4 sentence 3, the § § 325, 325a, 327a and 328 para. 2, § § 329, 334, 335, 335b, 339, 340l, 340n, 340o, 341i para. 3 sentence 1, § § 341a, 341l, 341n, 341o and 341p of the Commercial Code, as amended by the Act on Electronic Trade Register and Cooperative Register, and the Business registers are for the first time on annual and consolidated financial statements, as well as management reports and Group management reports for the financial year commencing after 31 December 2005. § 264 (3), § 264b No. 3 and 4, § 287 sentence 3, § 290 para. 1, § 313 (4) sentence 3, § § 325, 325a, 327 and 328 para. 2, § § 329, 334, 335, 335a, 335b, 339, 340l, 340n, 340o, 341a, 341i para. 3 sentence 1, § § 341l, 341n, 341o and § 341p of the Trade Code in the version valid until the entry into force of the Law on Electronic Commerce Register and Cooperative Register and the Business Register on 1 January 2007 are the latest on annual and consolidated financial statements for the prior to the 1 January 2006 beginning of the financial year commencing. The annual and consolidated financial statements referred to in the second sentence, which shall be submitted to the operator of the Federal Gazette as from 1 January 2007, shall forward it to the competent local court, which shall be in force until 31 December 2006. Provisions. In the cases of sentence 3, the annual and consolidated financial statements, as well as management reports and group management reports according to § 325 (2) or (3), as well as the notice notice pursuant to section 325 (1) sentence 2 of the Commercial Code, shall be published in each of the following cases: Entry into force of the Act on Electronic Commerce Register and Cooperative Register as well as the Business Register on 1 January 2007, published in the Federal Gazette. (6) The German Federal Gazette (Bundesanzeiger). in the period leading up to the entry into force of the law on electronic commerce registers and On 1 January 2007, the Register of Cooperatives and the Business Register shall be replaced by the Court of First Instance for the branch of a company having its registered office or principal place of business in the territory of the Member State concerned, on the basis of the 1 January 2007; at the same time it shall be entered on the register sheet on the basis of the following words: "The entries to this branch shall only be brought to the General Court of the principal place of establishment/seat from 1 January 2007." On the register sheet in the court of the principal place of business or of the seat, on 1 January 2007, the reference to the registration at the court shall be deleted at the court at the place of the branch. (7) As far as legal or contractual The Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt für Finanzdienstleistungsaufsicht), transmits April 2007 the names and addresses of the capital companies that organized an organized Market within the meaning of Section 2 (5) of the Securities Trading Act by means of securities issued by them within the meaning of Section 2 (1), first sentence, of the German Securities Trading Act (Securities Trading Act). The operator of the Federal Gazette shall be entitled to use the data transmitted to him by way of automated adjustment for the maintenance of the data stored by him on the capital companies referred to in the first sentence. The use of the data for other purposes is inadmissible. The data transmitted by the Federal Institute shall be deleted immediately after the completion of the reconciliation; the data carriers shall be returned immediately or destroyed. The Federal Office shall not be liable to the operator of the Federal Gazette for the transmission of incorrect data. (8) (omitted)

Twenty-fifth section
Transitional provisions on the Transparency Directive

Unofficial table of contents

Species 62

§ 264 (2) sentence 3, § 289 (1) sentence 5, § 297 para. 2 sentence 4, § 315 (1) sentence 6, § 315a (1), § 325 (2a) sentence 3, § 331 nos. 3 and 3a, § 340a (3), 340i para. 4 and § 342b para. 2 sentence 1 of the Commercial Code in the version of the Transparency Directive Implementation Act are for the first time on annual and consolidated financial statements as well as annual reports and financial statements and interim financial statements as well as interim financial statements and consolidated financial statements for the period after 31 December 2006 the beginning of the financial year.

Twenty-sixth section
Transitional provision on the law on the reform of insurance contract law

Unofficial table of contents

Art 63

The Tenth Section of the Fifth Book and Section 905 of the Commercial Code are based on insurance relationships that are pending before the entry into force of the Insurance Contracts Act of 23 November 2007 (BGBl. 2631) on 1 January 2008, to be applied until 31 December 2008.

Twenty-seventh section
Transitional provisions on risk limitation law

Unofficial table of contents

Type 64

§ 354a of the Commercial Code is to be applied in its version, which has been in force since 19 August 2008, only to agreements concluded after 18 August 2008.

Twenty-eighth section
Transitional provisions concerning the law for the modernisation of the GmbH-law and the fight against abuses

Unofficial table of contents

Species 65

The obligation to apply the domestic business address to the court in accordance with § § 13, 13d, 13e, 29 and 106 of the Commercial Code in the period from the date of entry into force of the Law of 23. October 2008 (BGBl. 2026), to be entered in the Commercial Register on 1 November 2008, shall also apply to those who are already registered in the Commercial Register at that time, unless the domestic business address is the Court has already been informed pursuant to Section 24 (2) or (3) of the German Commercial Register Regulation and has subsequently not changed. In these cases, the domestic business address with the first application relating to the registered company to the commercial register is from 1 November 2008, but at the latest by 31. October 2009. If up to the 31. In October 2009, no domestic business address has been filed for registration in the Commercial Register, the Court of First Instance is free of charge on its own account and without verification pursuant to Section 24 (2), in the case of branch offices, which pursuant to Article 24 (3) of the In this case, in the case of branches in accordance with Section 13e (1) of the Commercial Code, the notified address shall also apply irrespective of the date of the trade-register. their actual registration from the 31. October 2009 as a registered domestic business address, if it is available in the electronic information and communication system pursuant to § 9 (1) of the German Commercial Code. If no notification has been made to the General Court within the meaning of Article 24 (2) or (3) of the Commercial Register Regulation, a domestic business address has been disclosed to him in any other way, and the provisions of the third sentence shall apply with the proviso that the address shall be: , if it is available in the electronic information and communication system in accordance with Article 9 (1) of the Commercial Code. The same shall apply if a domestic address, which has become known in any other way, deviates from an address previously communicated in accordance with Article 24 (2) or (3) of the German Commercial Register Regulation. Notwithstanding the provisions of Section 10 of the Commercial Code, the entry in accordance with the provisions of sentences 3 to 5 shall not be disclosed.

Twenty-ninth section
Transitional provisions on the Accounting Law Modernisation Act

Unofficial table of contents

Art 66

(1) § § 241a, 242 (4), § 267 (1) and (2) and Section 293 (1) of the Commercial Code as amended by the Accounting Law Modernisation Act of 25 May 2009 (BGBl. I p. 1102) are to be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2007. (2) § 285 No. 3, 3a, 16, 17 and 21, § 288 insofar as reference is made to § 285 No. 3, 3a, 17 and 21, § 289 (4) and (5), which are referred to § § 289a, 292 (2), § 314 (1) No. 2, 2a, 8, 9 and 13, § 315 (2) and (4), § 317 (2) sentence 2, (3) sentence 2, para. 5 and 6, § 318 (3) and (8), § 319a (1) sentence 1 No. 4, sentence 4 and 5, paragraph 2 sentence 2, § § 319b, 320 (4), § 321 (4a), § 340k (2a), § 340l (2) sentences 2 to 4, § 341a (2) sentence 5, and § 341j (1) sentence 3 of the Commercial Code, as amended by the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1102) shall be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2008. § 285, sentence 1, no. 3, 16 and 17, § 288 insofar as reference is made to § 285 No. 3 and 17, § 289 (4), § 292 (2), § 314 (1) No. 2, 8 and 9, § 315 (4), § 317 (3) sentence 2 and 3, § 318 (3), § 319a (1) sentence 1 no. 4, sentence 4, section 341a (2) sentence 5 as well as section 341j (1) sentence 3 of the Commercial Code in the version valid until 28 May 2009 are to be applied last year to annual and consolidated financial statements for financial years beginning before 1 January 2009. (3) § 172 (4) sentence 3, § § 246, 248 bis § 256a, 264 (1) sentence 2, § § 264d, 266, 267 (3) sentence 2, § 268 (2) § § 256a, § 252, paragraph 1, section 2, section 256a, § 256a, sentence 2 of the first sentence of Article 256a of the German law. and 8, § 272 para. 1, 1a, 1b and 4, § § 274, 274a No. 5, § 277 para. 3 sentence 1, para. 4 sentence 3, para. 5, § 285 No. 13, 18 to 20, 22 to 29, § 286 para. 3 sentence 3, § 288 as far as § 285 No. 19, 22 and 29 is referred to, the § § 290, 291 para. 3, § 293 Paragraph 4 sentence 2, paragraph 5, § 297 para. 3 sentence 2, § 298 para. 1, § 300 paragraph 1 sentence 2, § 301 para. 3 sentence 1, para. 4, § § 306, 308a, 310 para. 2, § 313 para. 3 sentence 3, § 314 para. 1 No. 10 to 12, 14 to 21, § 315a para. 1, § 319a para. 1 half sentence 1, § 325 para. 4, § § 325a, 340c, 340e, 340f, 340h, 340e, 341a, para. 1, sentence 1, subsection 2, sentences 1 and 2, § § 341b, 341e, 341l and 341n of the Commercial Code as amended by the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1102) shall be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2009. Section 253 of the German Commercial Code, as amended by the Accounting Law Modernisation Act, applies for the first time to goodwill in the meaning of Section 246 (1) sentence 4 of the German Commercial Code, as amended by the Accounting Law Modernisation Act, which are derived from the acquisition of work carried out in business years, which began after 31 December 2009. Section 255 (2) of the Commercial Code, as amended by the Accounting Law Modernisation Act, applies for the first time to the manufacturing operations that have been initiated in the financial year referred to in the first sentence. Section 294 (2), section 301 (1) sentence 2 and 3, para. 2, § 309 (1) and § 312, as amended by the Accounting Law Modernisation Act, apply for the first time to labor transactions that have taken place in financial years, which began after 31 December 2009 . For the first time in accordance with § 290 (1) and (2) of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Law Modernisation Act, or for the first time a consolidated financial statements are established for the first time after 31 December 2009 Section 301 (1) sentences 2 and 3, section 2 and section 309 (1) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Modernisation Act shall apply to consolidated financial statements for the financial years beginning after 31 December 2009. The new provisions may already be applied to financial years beginning after 31 December 2008, but only as a whole; this is to be stated in the notes and notes. (4) § § 324, 340k (5) and 341k (4) of the Trade Code in the version of the Accounting Law Modernisation Act of 25 May 2009 (BGBl. I p. 1102) are to be applied for the first time as from 1 January 2010; § 12 (4) of the Introductory Act to the German Stock Corporation Act is to be applied accordingly. (5) § 246 (1) and (2), § 247 (3), § § 248 to 250, § 252 (1) No. 6, § § 253, 254, 255 (2) and (4), § § § 266, 267 para. 3 sentence 2, § 268 para. 2, § § 269, 270 para. 1 sentence 2, § 272 para. 1 and 4, § § 273, 274, 274a No. 5, § 275 para. 2 no. 7 letter a, § 277 para. 3 sentence 1, para. 4 sentence 3, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 279 to 283, 285, sentence 1, no. 2, 5, 13, 18 and 19, sentences 2 to 6, § 286 (3) sentence 3, § § 287, 288 insofar as reference is made to § 285 sentence 1 no. 2, 5 and 18, § § 290, 291 para. 3 no. 1 and 2 sentence 2, § 293 para. 4 sentence 2, para. 5, § 294 (2) sentence 2, § 297 para. 3 sentence 2, § 298 para. 1, § 300 paragraph 1 sentence 2, § 301 para. 1 sentence 2 to 4, para. 2, 3 sentence 1 and 3, para. 4, the § § 302, 306, 307 para. 1 sentence 2, § 309 Abs. 1, § 315a (1) sentence 1, § 319a (1) sentence 1, section 325a, para. 1 sentence 1, § 327 No. 1 sentence 2, § § 334, 336 para. 2, § 340a para. 2 sentence 1, § § § 340a para. 2 sentence 1, § § 340a para. 340c, 340e, 340f, 340h, 340n, 341a para. 1 and 2 sentences 1 and 2, § 341b para. 1 and 2, § 341e para. 1, § 341l para. 1 and 3 and § 341n of the Commercial Code in the up to 28 May 2009 (6) Section 248 (2) and Section 255 (2a) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Modernisation Act of 25 March 2010. May 2009 (BGBl. 1102) shall apply only to the intangible fixed assets of the fixed assets, which shall be commenced in business years beginning after 31 December 2009. Unofficial table of contents

Species 67

(1) Where, as a result of the amended valuation of the current pensions or pensions on pensions, a supply to the provisions is required, this amount shall be at least until 31 December 2024 at the latest in each financial year to accumulate a five-tenths. If, on the basis of the amended assessment of obligations which require the formation of a provision, a reversal of the provisions is required, these provisions may be maintained, in so far as the amount to be resolved no later than 31 December 2024 at the latest. would have to be reintroduced. If no use is made of the right to vote in accordance with the second sentence, the amounts resulting from the dissolution shall be set directly in the profit reserves. Where use is made of the right to vote in accordance with the second sentence, the amount of the coverage shall be given in the notes and in the consolidated statement. (2) For the purposes of paragraph 1, capital companies, credit institutions and financial services institutions shall be required to apply § 340 of the Commercial Code, insurance undertakings and pension funds in the sense of Section 341 of the Commercial Code, registered cooperatives and partnerships in the meaning of Section 264a of the Commercial Code, which are not included in the balance sheet. established provisions for current pensions, pending Specify pensions and similar obligations in the notes and in the consolidated financial statements. (3) In the annual financial statements for the last financial year beginning before 1 January 2010, goods in accordance with section 249 (1) sentence 3, paragraph 2 of the Commercial Code, Special items with a repayment share in accordance with § 247 (3), § 273 of the Commercial Code or the clearance of accounts pursuant to Section 250 (1) sentence 2 of the Commercial Code in the version valid until 28 May 2009, these items may be applied under application the provisions applicable to them in the version valid up to 28 May 2009, provisions in accordance with Section 249 (1) sentence 3, section 2 of the Commercial Code, are also partly retained. If no use is made of the right to vote in accordance with the first sentence, the amount shall be set directly in the retained earnings; this shall not apply to amounts which are the provision under section 249 (1) sentence 3, para. 2 of the Commercial Code in the up to 28 May In the last financial year, which was due to expire before 1 January 2010. (4) Lower value rates of assets, which are based on depreciation in accordance with § 253 (3) sentence 3, § 253 (4) of the German Commercial Code or the § § § § § § § § § § 253 (3) 254, 279 (2) of the Commercial Code, in the version valid up to 28 May 2009, which are in force in In the event of a business year commenced before 1 January 2010, the provisions applicable to them may continue in the version valid up to 28 May 2009. Where no use is made of the right to vote in accordance with the first sentence, the amounts resulting from the amortisation shall be set directly in the retained earnings; this shall not apply to amortisation which commenced in the last year before 1 January 2010. (5) In the annual financial statements for a financial year commencing before 1 January 2010, an accounting aid for expenses incurred for the establishment and expansion of the business operation in accordance with § 269 of the In the case of the Commercial Code, which has been in force until 28 May 2009, it may be applied in the form of a commercial code. the provisions applicable to them will be continued in the version valid until 28 May 2009. If, in the consolidated financial statements for a financial year commencing before 1 January 2010, a capital consolidation has been carried out in accordance with Section 302 of the Commercial Code in the version valid until 28 May 2009, the consolidated financial statements shall be subject to the application of the (6) Expenditure or income arising from the initial application of § § 274, 306 of the Commercial Code as amended by the Accounting Law Modernisation Act of 25 May 2009. 2009 (BGBl. I p. 1102) are to be offset directly with the profit reserves. If the amounts referred to in the third sentence of paragraph 1, the second sentence of paragraph 3, or the second sentence of paragraph 4, are offset directly with the profit reserves, they shall be based on the provisions of § § 274, 306 of the Commercial Code as amended by the Accounting Law Modernisation Act. (7) (8) Change in the first application of the provisions of Articles 1 to 11 of the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1 no. 6, Section 265 (1), Section 284 (2) (3) and Section 313 (1) (3) of the German Commercial Code (Handelsgesetzbuch) at the time of the first-time period of time, Do not apply any annual or consolidated financial statements in accordance with the amended regulations. In addition, the previous year's figures need not be adjusted for the first time; this is to be noted in the notes and notes of the Group.

Thirtieth Section
Transitional provisions concerning the adequacy of the remuneration of the Executive Board

Unofficial table of contents

Species 68

§ 285 (9), § 286 (5) sentence 1, § 289 (2) (5), § 314 (1) (6), (2) and § 315 (2) (4) of the Commercial Code, as amended by the Law on the appropriateness of the remuneration of the Executive Board of 31 July 2009 (BGBl. 2509) shall be applied for the first time on annual and consolidated financial statements for the financial year commencing after 31 December 2009. The versions of Section 285 (9), § 286 (5) sentence 1, § 289 (2) (5), § 314 (1) (6), (2) and 315 (2) (4) of the German Commercial Code (Handelsgesetzbuch) up to 4 August 2009 are the latest in annual and consolidated financial statements for to apply the financial year commencing before 1 January 2010.

Thirty-one section
Transitional provision on the law implementing the revised banking directive and the revised capital adequacy directive

Unofficial table of contents

Species 69

(1) § 341c of the Commercial Code as amended by the Act for the Implementation of the revised Banking Directive and the amended Capital Adequacy Directive is for the first time on annual and consolidated financial statements for the period beginning 31 December 2010. (2) § 341c of the Commercial Code in the version valid up to 24 November 2010 shall be applied last year to annual and consolidated financial statements for financial years beginning before 1 January 2011.

Thirty-second section
Transitional provision on the micro-capital company-balance sheet law amending act

Unofficial table of contents

Species 70

(1) The facilitation of micro-capital companies in the accounts according to § 264 (1), § 266 (1), § § 267a, 275 (5), 325a (2), § 326 (2) and the amendments to § § 8b, 9, 253, 264 (2), § § 264c, 276, 328, 334 and 335 of the Commercial Code as amended by the Micro-Capital Company Law Amendment Act of 20 December 2012 (BGBl. 2751) shall apply for the first time to annual and consolidated financial statements which relate to a closing date of 30 December 2012. For annual and consolidated financial statements relating to a closing date prior to 31 December 2012, the provisions of the Commercial Code as set out in the first sentence remain in force until 27 December 2012, as amended by the (2) § 264 (3) and § 290 of the German Commercial Code (Handelsgesetzbuch) as amended by the Micro-Capital Company-Accounting Act are to be applied for the first time on annual and consolidated financial statements for financial years, which after 31 December 2012 begin. For annual and consolidated financial statements for financial years beginning before 1 January 2013, the provisions of the Commercial Code shall continue to apply in the version valid until 27 December 2012. (3) For § § 264, 335, 335a (1), (2) and 4, § § 340o and 341o of the Commercial Code, as amended by the Law amending the Commercial Code of 4. October 2013 (BGBl. 3746), paragraph 1 shall apply accordingly. Section 335a (3) of the Commercial Code, as amended by the Law amending the Commercial Code of 4. October 2013 (BGBl. I p. 3746) is to be applied for the first time to the order of order, which will be initiated after 31 December 2013.

Thirty-thirty-three
Transitional provision on the law on the reform of maritime trade law

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Species 71

(1) § § 489 to 509 of the Commercial Code shall remain valid for partenshipowners and construction companies that have arisen prior to 25 April 2013. (2) A governed by the Fifth Book of the Commercial Code. Obligations arising before 25 April 2013 shall be subject to the laws applicable until that date. This shall also apply to the limitation of claims arising from such a debt ratio prior to 25 April 2013.

Thirty-fourth section
Transitional provisions on the AIFM Implementation Act

Unofficial table of contents

Species 72

(1) The provisions of the Investment Act, as referred to in Article 8b (2) (8), Section 285 (26), Section 290 (2) (4), second sentence, and Article 314 (1) (18) of the Commercial Code, shall be the versions valid until 21 July 2013. of these provisions. (2) § 285 number 26, § 290 paragraph 2, point 4, sentence 2, section 314, paragraph 1, point 18, and section 341b, paragraph 2 of the German Commercial Code, as amended by the AIFM Implementation Act, are for the first time on annual and consolidated financial statements for the period after 21 July Financial years beginning in 2013 shall apply. For annual and consolidated financial statements for financial years beginning before 22 July 2013, the provisions of the Commercial Code will continue to apply in the version valid until 21 July 2013.

Thirty-fifth section
Transitional provision on the equal participation of women and men in management positions in the private sector and in the civil service

Unofficial table of contents

Article 73

Section 289a, paragraph 2, point 4, also in conjunction with paragraph 3, and § 289a (4), also in conjunction with Section 336 (2), first sentence, of the Commercial Code, shall be applied for the first time to annual reports relating to financial years with a post-30 September period. In 2015, the closing date of the closing date.

Thirty-sixth section
Transitional provisions on the Small Investor Protection Act

Unofficial table of contents

Species 74

Section 335, first sentence, sentence 4 of the Commercial Code, as amended by the Kleinanlegerschutzgesetz of 3 July 2015 (BGBl. I p. 1114) shall be applied for the first time on annual and consolidated financial statements for financial years beginning after 31 December 2014.

Thirty-seven section
Transitional provisions on the balance sheet implementation act

Unofficial table of contents

Species 75

(1) § § 255, 264, 264b, 265, 267a (3), § § 268, 271, 272, 274a, 275, 276, 277 (3), § § 284, 285, 286, 288, 289, 291, 292, 294, 296 to 298, 301, 307, 309, 310, 312 to 315a, 317, 322, 325, 326, 328, 331, 334, 336 to 340a, 340e, 340i, 340n, 341a, 341b, 341j as well as 341n of the Commercial Code as amended by the Accounting Directive Implementation Act of 17 July 2015 (BGBl. 1245) shall be applied for the first time on annual and consolidated financial statements, as well as the position and group management reports for the financial year commencing after 31 December 2015. The provisions referred to in the first sentence, as well as § 277 (4) and § 278 of the Commercial Code, in the version valid until 23 July 2015, are to be applied last time to annual and consolidated financial statements as well as to the situation and group management reports for a prior to the 1 January 2016 beginning financial year. (2) § § 267, 267a (1), § 277 (1) and § 293 of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Directive of 17 July 2015 (BGBl. 1245) may be applied for the first time to annual and consolidated financial statements, management reports and group management reports for the financial year beginning after 31 December 2013, but only as a whole. If no use is made of the early application of § § 267, 267a (1), § 277 (1) or § 293 in the version of the Accounting Directive, the provisions referred to in the first sentence shall be for the first time on the year and Consolidated financial statements, location and group management reports for the financial year commencing after 31 December 2015; in this case, § § 267, 267a (1), § 277 (1) and § 293 of the Commercial Code are applicable in the current financial year until 22 July 2015. The final date for the financial year ending on 1 January 2016. When the provisions referred to in the first sentence are applied for the first time, the annex or the group ' s notes shall indicate the lack of comparability of turnover and, in the light of the presentation of the amount, the revenue of the previous year, which shall be: (3) § 8b and the provisions of the third subsection of the Fourth Section of the Third Book of the Commercial Code in the For the first time, the version of the Accounting Directive Implementation Act (4) Section 253 (3) sentence 3 of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Directive-Implementation Act for the first time shall apply to intangible Assets of fixed assets, which are activated after 31 December 2015. Section 253, paragraph 3, sentence 4 of the Commercial Code as amended by the Accounting Directive Implementation Act shall apply for the first time to goodwill within the meaning of the fourth sentence of Article 246 (1) of the Commercial Code, which is derived from the acquisition of gainful employment. that have been made in business years, which started after 31 December 2015. The second sentence of paragraph 1 shall apply with the proviso that, in the event of an early application of the provisions referred to in the first sentence of paragraph 1, the provisions of Section 253 (3) and (5) of the Commercial Code shall also be applied in the version of the Accounting Directive. (5) expenditure arising from the application of Article 67 (1) and (2) shall be included in the profit and loss account within the other operating expenses as "expenditure under Article 67 (1) and (2) of the ECHGB". and income derived therefrom within the other operating income as "proceeds in accordance with Article 67 (1) and (2) of the ECHGB" separately.