Introduction Act To The Commercial Code

Original Language Title: Einführungsgesetz zum Handelsgesetzbuch

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Introduction law to the Commercial Code

Non-official table of contents

HGBEG

Date of expend: 10.05.1897

Full quote:

" Introduction Act to the Commercial Code in the Federal Law Gazette III, Division number 4101-1, published in a revised version, as last amended by Article 2 of the Law of 28 June 2000. July 2015 (BGBl. I p. 1400) has been changed "

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

For details, see the Notes

Footnote

(+ + + + + + +)
menu
(+ + + measures)
on the basis of EinigVtr, see HGBEG Appendix EV,
no longer to be used + + +)
(+ + + Official note of the norm provider on EC law:
Implementation of
EGRL 58/2003 (CELEX Nr: 303L0058) cf. V v. 10.11.2006 I 2553 + + +)

Heading: Label 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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Art 1

(1) The Commercial Code enters into force at the same time as the Civil Code.(2) The sixth section of the first book of the Commercial Code, with the exception of § 65, is 1. January 1898 in force.(3) Non-official table of contents

Art 2

(1) In commercial matters, the provisions of the Civil Code are applied only to the extent that they are not used. in the Commercial Code, or in this Act, another.(2) (omitted) unofficial table of contents

Art 3

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Art 4

(1) The effects associated with registration in the goods law register under civil law, if a spouse is a merchant and its commercial establishment is not located in the district of a register court which is responsible for the habitual residence of only one of the spouses, in the light of the legal conditions relating to the operation of the commercial commercial sector, if the registration has also been made in the register of goods of the court responsible for the place of business of the commercial establishment. In the case of a number of branches, registration shall be entered in the register of the place of principal place of business.(2) If the establishment is transferred, the provisions of Section 1559 of the Civil Code shall apply. Non-official table of contents

Art 5

On mining companies that do not have the rights of a legal person in accordance with the laws of the state laws , § 1 of the Commercial Code shall not apply. Non-official table of contents

Art 6

(1) Is a connossement in a State Party to the International Agreement of 25 April 2016. August 1924 for the unification of rules on connoses (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 Commercial code without regard to 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 freighter is not responsible for the fault of its people and the ship's crew, if the damage is caused by a behavior at the the ship or caused by fire or explosion on board the ship, and the measures have not been mainly taken in the interest of the cargo;
2.
by way of derogation from § 504 of the Commercial Code, the compensation for loss or damage resulting from loss or damage of 666.67 under § § 502 and 503 of the German Commercial Code Accounting units for the piece or unit is limited;
3.
by way of derogation from § 525 of the Commercial Code, the obligations of the freighter from the following Articles to be applied by legal business cannot be excluded or limited in advance;
4.
by way of derogation from § 609 of the Commercial Code, which: The right of the parties to make a choice of law shall remain unaffected.
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 relates to the carriage of goods from or to a port in another Contracting State of the Hague rules.(3) The Contracting State of the Hague Rules shall not be regarded as a State which is at the same time the State Party of a Protocol of Amendment to the Hague Rules. Non-official table of contents

Art 7

(1) The following provisions of the Commercial Code are also applicable if the ship is not acquired by Seafaring is operated:
1.
§ 480 on the Reeders ' responsibility for a member of the Ship's crew and a pilot operating on board,
2.
§ § 570 to 573 and 606 number 2, this in conjunction with § 607 (6) and § 608, on liability in the event of the Collision of ships,
3.
§ § 574 to 587 and 606 number 3, this in conjunction with § 607 (7) and § § 608 and 610, Bergung,
4.
§ § 611 to 617 on the limitation of liability.
(2) The provisions of § § 611 to 617 of the Commercial Code are also subject to claims that are not subject to the regulations of the the commercial code, as well as 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. Non-official table of contents

Art 8

(1) § § 574 to 580, 582 to 584, 587 and 606 number 3, this in conjunction with § 607 (7) and § § 608 and 610 of the Commercial Code, unless otherwise provided for in the third sentence and paragraph 3, shall apply without regard to the law applicable under 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 shall remain unaffected; however, subject to the legal relationship of foreign law, § 575 (1) and § 584 (2) of the Commercial Code shall be applied in the same way.(2) If the provisions referred to in the first sentence of paragraph 1 are to be applied, the right of the Berger to interest shall also be subject to German law.(3) In the case of salvage operations by an authority, the obligations between the parties shall be governed by the law of the State in which the Authority is located. unofficial table of contents

Art 9 to 14 ----

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Art 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 national laws in the Commercial Code.(2) As far as the national laws remain unaffected, new national regulations may also be enacted. Nonofficial table of contents

Art 16

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Art 17

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Art 18

Untouched remains the national legislation on the contract between the brewer and the host on the supply of beer, in so far as they regulate the obligations arising out of the contract in the event of non-specific agreements being made. unofficial table of contents

type 19 to 21 (omitted)

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Art 22

(1) Companies registered in the Commercial Register at the time of entry into force of the trade code can be continued as far as they are after the have been allowed to comply with previous regulations.(2)

Second Section
Transitional rules of the balance sheet policy law

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Art 23

(1) The one from the entry into force of Articles 1 to 10 of the Accounting Directives Act 19. December 1985 (BGBl. 2355), the current version of the rules on the annual accounts and the management report, as well as the obligation to disclose the same and the documents relating thereto, is the first to be published after 31 December 2007. The financial year commencing in December 1986. The new rules can be applied to an earlier financial year, but only as a whole.(2) The version of the provisions relating to the consolidated financial statements and the group management report, as well as the obligation to disclose the same and the related documents, from the entry into force of Articles 1 to 10 of the Accounting Directives Act. for the first time after the 31. The financial year commencing in 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 consolidated financial statements when the balance sheet directive enters into force, do not need to include subsidiaries domiced abroad in the case of previous application of the new regulations; and Do not apply uniform valuation methods within the meaning of § 308 as well as § § 311, 312 of the Commercial Code relating to associated companies.(3) The version of the provisions relating to the obligation to audit the annual accounts and the management report, as amended by the entry into force of Articles 1 to 10 of the Accounting Directives, shall apply to undertakings which, at the date of entry into force of the Directive Accounting guidelines-Act must not have to be examined for the annual accounts on the basis of federal regulations, for the first time after 31 December 2013. The financial year commencing in 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, for the first time in accordance with the provisions of the 31. The financial year commencing in 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 management reports, group management reports and partial group management reports, which are based on the following statements: The provisions of this Directive have been set out in force in January 1986.(4) § 319 (2) (8) of the Commercial Code shall be applied for the first time to the sixth financial year beginning after the entry into force of the balance sheet law.(5) If the new provisions referred to in paragraphs 1 to 3 are not applied to an earlier financial year and are not applied voluntarily, the financial year shall be those on 31 December 2007. The amended or repealed provisions shall apply in force in December 1985. 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. Non-official table of contents

Art 24

(1) Goods assets of the fixed assets in the annual accounts for the 31. December 1986, ending or current financial year with a lower value than it is permissible pursuant to § 240 (3) and (4), § 252, 253 (1), (2) and (4), § § 254, 255, 279 and 280 (1) and (2) of the Commercial Code, the lower Value replacement will be maintained. Section 253 (2) of the Commercial Code is to be applied in this case, subject to the proviso that the lower value of the advertising is to be reduced by scheduled depreciation in accordance with the expected remaining period of use.(2) Goods of assets of circulation in the annual accounts for the 31. December 1986, ending or current financial year with a lower value than it may be permitted in accordance with § § 252, 253 (1), 3 and 4, § § 254, 255 (1) and 2, § § 256, 279 (1) sentence 1, para. 2, § 280 (1) and (2) of the Commercial Code, may the lower value of the advertising is maintained in this respect, as
1.
for the reasons of § 253 para. 3, § § § § 253 254, 279 para. 2, § 280 para. 2 of the Commercial Code, or
2.
it is a lower value sentence within the meaning of Section 253 (4) of the Commercial Code .
(3) When applying Article 268 (2) of the Commercial Code on the presentation of the development of fixed assets for the first time, the acquisition or production costs of an asset of the fixed assets are not without The carrying amounts of these assets may be taken over from the annual accounts of the preceding financial year as original cost of acquisition or production and shall continue to be fixed in the accounts of the financial year . 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. Non-official table of contents

Art 25

(1) To review the annual financial statements
1.
of limited liability companies, limited liability companies and companies that do not have a person liable to be personally liable 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 companies that are on the 31. As a non-profit housing company or as a public housing policy institution, and which are not registered cooperatives,
is to be applied in accordance with Section 319 (1) of the Handelsgesetzbuch (Handelsgesetzbuch), subject to the condition that the Companies or companies may also be examined by the Examining Association of which they belong as a member, provided that more than half of the Executive Board members of the Board of Management of the Audit Association are auditors and the Examination board before the 29th The examination law was awarded in 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 Board of Supervisors of the Examining Association if it is ensured that the auditor may carry out the examination independently of the instructions provided by the Board of Supervisors.(2) In the course of the examination of the annual accounts of the companies or undertakings referred to in paragraph 1 by an examination board, the certified statement of auditors 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 may be responsible for the audit.(3) Is a 31. A company recognised as a non-profit-making housing company or an institution of public housing policy as a public limited-liability company, a limited partnership on shares or a limited liability company for the establishment of a public housing policy Consolidated financial statements and a group management report under the second sub-section of the second section of the third book of the Commercial Code, the audit association to which the company belongs is also a statutory auditor of the Consolidated financial statements. Non-official table of contents

Art 26

(1) The statutory auditor pursuant to § 319 (1) sentence 1 of the Commercial Code may also be a member of the Board of Auditors pursuant to § 131f (2) of the German Commercial Code. The auditor order is a person. 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 shall 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 Directives Act, membership of the Supervisory Board of the company to be audited shall not be taken into consideration if, at the latest with the termination of the first Meeting of the shareholders or members of the company to be audited, which takes place after the entry into force of the Accounting Directives Act. Non-official table of contents

Art 27

(1) If a parent company has a subsidiary already before the first application of Section 301 of the The commercial code included in its consolidated financial statements on the basis of statutory obligation or voluntarily in accordance with a methodology which corresponds to the principles of regular accounting, does not require this provision to be made available to that subsidiary , 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. Commercial code attributed to, or charged with, the assets and liabilities of the subsidiary that are transferred to the consolidated financial statements.(2) If a parent undertaking is obliged to apply Section 301 of the Commercial Code to a subsidiary already included in its consolidated financial statements, or if it voluntarily applies this provision, it may also be used as the date for the settlement of the accounts. the date of first application of this provision shall be chosen.(3) Paragraphs 1 and 2 shall apply accordingly to the treatment of shareholdings in associated companies in accordance with § § 311, 312 of the Commercial Code.(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 may be set in the retained earnings or charged with them in an open manner; this amount shall not be part of the annual results. Non-official table of contents

Type 28

(1) For a running guesthouse or a pension on the basis of a direct commitment, need a provision in accordance with Section 249 (1), first sentence, of the Commercial Code shall not be formed if the pensioner is entitled to his right of appeal before the first sentence of the first sentence of the first sentence of It was acquired in January 1987, or a legal claim acquired prior to that date was 31. December 1986. In the event of an indirect obligation arising from a pledge for a current guesthouse or a pension to a pension, as well as a similar direct or indirect obligation, a provision shall not be made in any case.(2) For the purposes of applying paragraph 1, capital companies shall have to pay the provisions for current pensions not shown in the balance sheet, for pensions and similar obligations, in each of the notes and in the consolidated financial statements.

Third section
Transitional provision to the Law for the Implementation of the EC Directive on the coordination of the law of trade representatives of 23. October 1989 (BGBl. I p. 1910)

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Art 29

On sales representative contract relationships that are before the 1. As of January 1990, § § 86, 86a, 87, 87a, 89, 89b, 90a and 92c of the German Commercial Code (Handelsgesetzbuch) are published on 31 January 1990 and are still in existence on this date. It will continue to apply until the end of the year 1993. Non-official table of contents

Art 29a

§ 90a para. 2 and 3 of the Commercial Code in the from the 1. July 1998 is also on the basis of claims made before 1.

Fourth Section
Transitional provisions on the Bank Balance Policy-Law

, which has not yet been legally binding.

Fourth Section
Transitional provisions on the Bank Balance Policy-Law

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Art 30

(1) The one from the entry into force of Articles 1 to 10 of the Bank Balance Policy Act of 30. November 1990 (BGBl. 2570), the current version of the rules on the annual accounts, the annual report and their examination, and the obligation to disclose the same and the documents accompanying them, is the first to be published in accordance with the provisions of the 31. The financial year commencing in 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 same and the related thereto, from the entry into force of Articles 1 to 10 of the Bank Balance Directive Act. For the first time, documents are to be found after the 31. 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 apply accordingly.(3) For financial years preceding the 1. The provisions on the annual accounts, the annual report and their examination, as well as the obligation to disclose the same and the relevant documents in the 1 January 1993, are due to begin in January 1993. As amended in 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 January 1986. September 1987 (BGBl. I p. 2169).(4) For financial years preceding the 1. The provisions on the consolidated financial statements, the group management report and their examination, and the obligation to disclose the same and the relevant documents in the 31 January 1993, are due to begin in January 1993. The new rules will not be applied on a voluntary basis, as amended in December 1985. Where, in accordance with Article 23 (2), the rules are set out in the first subparagraph of The provisions of the first sentence of 1 January 1986 apply on a voluntary basis, with the proviso 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. Non-official table of contents

Art 31

(1) Goods treated as fixed assets in the annual accounts for the 31. In December 1992, the lower value of the financial year ending in the financial year ending in Section 240 (3) and (4), § 252, 253 (1) and (2), § § 254, 255, 279, 280 (1) and (2) and § 340e of the Commercial Code may be lower than the lower value of the financial year. Value replacement will 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 in accordance with the expected remaining period of use.(2) Goods not treated as fixed assets were included in the annual accounts for the 31. 1 and 2, § § 256, 279 (1) sentence 1, para. 2, § 280 (1) and (2), and § 340f (1) sentence 1 of the Commercial Code , the lower value of the value may be maintained in so far as
1.
for the reasons § 253 para. 3, § § 254, 279 para. 2, § 280 para. 2 of the Commercial Code, or
2.
it is a lower value sentence within the meaning of § 340f (1) Clause 1 of the Commercial Code.
The provisions of Section 26a (1) of the Law on Credit Esen may continue.(3) When § 340a is used for the first time in conjunction with Section 268 (2) of the Commercial Code on the presentation of the development of assets treated as fixed assets, the cost of acquisition or production of an asset Where assets cannot be identified without disproportionate costs or delays, the carrying amounts of these assets may be derived from the annual accounts of the previous financial year as the original purchase or purchase price. 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 the records 1 and 2 is to be specified in the appendix.

Fifth section
Transitional provisions on the insurance balance policy-law

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Art 32

(1) The one from the entry into force of Articles 1 to 5 of the Insurance Balance Policy Act of 24. June 1994, the current version of the provisions on the annual accounts, the annual report, the consolidated financial statements, the group management report and their examination, as well as the obligation to disclose this and the related documents, shall be published for the first time on the after the 31. The financial year commencing in 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 the 31. The financial year beginning in December 1998 and the time value for the assets referred to in section 341b (1) sentence 2, paragraph 2 of the Commercial Code for the first time in accordance with the provisions of the 31. The financial year beginning in December 1996 shall be disclosed.(2) For financial years preceding the 1. The provisions on the annual accounts, the annual report, the consolidated financial statements, the group management report and their examination, as well as the obligation to disclose this and the related documents in the on 1 January 1995, are due to begin in January 1995. and the provisions of the Regulation on the accounting of insurance undertakings of 11 January 1986. July 1973 (BGBl. 1209), as last amended by the Regulation of 23 June 2008. December 1986 (BGBl. I, 1987 I p. 2).(3) Sites within the scope of this Act of insurance undertakings established in another Member State of the European Community need the rules on the annual accounts, the management report and their examination, and the rules on the annual accounts, the annual report and the Obligation to disclose this and the related documents in the period up to the date of entry into force of Articles 1 to 5 of the Insurance Balance Directive-Law of 24. The current version is already in force in June 1994, after 31 December 1994. They shall cease to apply if they comply with the rules on the obligation to disclose the annual accounts, the management report, the consolidated financial statements, the group management report and the documents accompanying them in the date of entry into force of the Articles 1 to 5 of the Insurance Balance Sheet Directive-Law of 24. The Commission shall apply in force in June 1994.(4) Section 341b (2) of the Commercial Code in the 4. The current version of April 2002 is for the first time on the annual and consolidated financial statements for the 30-year period. September 2001, or later, the financial year ending. Section 341b (2) of the German Commercial Code (Handelsgesetzbuch) in the 3. The latest version of the annual and consolidated financial statements for the period prior to 30 April 2002 is the latest version of the report. The financial year ended September 2001. Non-official table of contents

Art 33

(1) Goods treated as fixed assets at the end of the year for which the assets were treated are 31. If the financial year ending in December 1994 is lower than that of the Commercial Code in accordance with § 240 (3) and (4), § 252, 253 (1) and (2), § § 254, 255, 279, 280 (1) and (2), and § § 341b to 341d of the Commercial Code, the lower value added. Section 253 (2) of the Commercial Code is to be applied in this case, subject to the proviso that the lower value of the advertising is to be reduced by scheduled depreciation in accordance with the expected remaining period of use.(2) Goods not treated as fixed assets were included in the annual accounts for the 31. 1, 3 and 4, § § 254, 255 para. 1 and 2, § § 256, 279 (1) sentence 1, para. 2, § 280 (1) and (2), as well as § § 341b to 341d of the German If the commercial code is admissible, the lower value sentence may be maintained in so far as it has been applied for the reasons of section 253 (3), § § 254, 279 (2), § 280 (2) of the German Commercial Code.(3) (omitted) (4) (omitted) (5) (omitted)

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

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Art 34

(1) In the case of domestic branches of public limited liability companies, Limited liability companies on shares and companies with limited liability with registered offices abroad, which are prior to 1. The legal representatives of the company have been registered in the Commercial Register in November 1993, and the information required by Section 13e (2) sentence 4 of the Commercial Code is up to the 1st of December 1993. to register for registration in the Commercial Register. Within this period, the legal representatives shall also have to 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 limited liability company, a limited liability company, or a limited liability company with a registered office abroad on the 1. In addition to one or more existing domestic branches, it establishes additional domestic branches in addition to one or more existing domestic branches, according to Article 13e (5) of the German Commercial Code. ,(3) § § 289, 325a and 335 of the Handelsgesetzbuch (Handelsgesetzbuch) in the starting-up period 1. The latest version of the Directive, which is in force on 31 November 1993, is the first

Seventh Section
Transitional Provisions for Follow-up Limitation Act

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Art 35

§ 160 of the Trade Code in the from the 26. March 1994 shall apply to liabilities incurred prior to this date, if
1.
the shareholder's departure or his change to the legal status of a comeditist after the 26. It was entered in the commercial register in March 1994 and
2.
the liabilities are due no later than four years after the registration.
the liabilities referred to in the first sentence shall be the law applicable to date, subject to the proviso that the limitation period shall be one year. Non-official table of contents

Art 36

(1) By way of derogation from Article 35, Section 160 (3) sentence 2 of the Commercial Code also applies to liabilities in the sense of of the second sentence of Article 35 if they have arisen from continuing employment relationships. This shall apply even if the change in the legal status of the shareholder is already before the 26. This change was carried out in March 1994, with the proviso that this change was made to the 26. It was entered in the Commercial Register in March 1994.(2) The revelation referred to in paragraph 1 shall not apply to claims on pay 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. Non-official table of contents

Art 37

(1) § § 26 and 28 (3) of the German Commercial Code (Handelsgesetzbuch) in the from the 26. March 1994 shall apply to liabilities incurred prior to that date, if
1.
after the 26. March 1994, the new owner or company is registered or the transaction takes place and
2.
the liabilities shall not be later than four years after the registration or the customer is due.
On later payable liabilities within the meaning of the first sentence, the law applicable to date shall be applicable 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 these are incurred in the form of continuing employment relationships. This is true even if the company is already in place before the 26. It was entered into the commercial register in March 1994, with the proviso that the 26. March 1994 as the date of registration.(3) The revelation referred to in paragraph 2 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. In this respect, it remains the applicable law.

Achter section
Transitional provision on the Trade Law Reform Act

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Art 38

The change of the company of a single businessman or a person trading company has only the inclusion of the one pursuant to § 19 para. 1 of the Trade Code in which the This amendment does not require the registration to be entered in the Register of Commerce, unless the wording is in force in the text of the Regulation. unofficial table of contents

Type 39 to 41 (omitted)

Neunder section
Transitional rules to the Introduction of the euro

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Art 42

(1) § § 244, 284 para. 2 no. 2, § 292a para. 1 sentence 1, § 313 para. 1 no. 2 and § 340h (1) sentence 1 and 2 of the Handelsgesetzbuch (Commercial Code) in der 1. January 1999 is the first to apply to the 31 December 1999 version of the Treaty. The financial year ended in 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 Handelsgesetzbuch (Handelsgesetzbuch) is last for the latest on 31 December. The financial year ended in December 1998.(2) If the annual accounts and the consolidated financial statements are drawn up in euros, Section 265 (2) of the Commercial Code shall be applied with the proviso that the corresponding amount of the preceding financial year shall be stated in euros for each item. In this respect, the conversion also has for a financial year that is before the 1. The Council of the European Union shall terminate the 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 Trade Code.(3) In the event of a change in the subscribed capital to euro, companies shall continue to show the annual and consolidated financial statements in euro, the subscribed capital may continue to be entered in the German mark in the preliminary column of the balance sheet, provided that the amount of the capital in euro is denominated in euro the resulting 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 entered in the 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 that are related to currency units of the economic and Member States participating in monetary union, or the ECU within the meaning of Article 2 of Council Regulation (EC) No 1103/97 of 17 June 1997. 1 June 1997 (OJ L 327, EC No L 162 p. 1) are to be added to the 31. To convert and to set the following date of the annual accounts and consolidated accounts with the conversion rate irrevocably fixed by the Council of the European Union in accordance with Article 109l (4), first sentence, of the EC Treaty. 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 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 assets of the undertaking, but at the latest at the end of the fifth after the 31. December 1998 ended fiscal year.(2) In the special items referred to in the second sentence of paragraph 1, income arising from the activation of assets arising from the irrevocable determination of exchange rates may also be adjusted. The third sentence of paragraph 1 shall apply accordingly. unofficial table of contents

Art 44

(1) The cost of the currency conversion to the euro may be activated as accounting assistance, as far as the self-created intangible assets of the fixed assets are concerned. The item is to be drawn up in the balance sheet under the heading "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. of a loss contribution at least equal to the amount applied.(2) Paragraph 1 is for the first time on the basis of the provisions of the 31. The financial year ended December 1997. Non-official table of contents

Art 45

(1) Registrations for entry in the Commercial Register, which only replace the German mark Amounts to be paid in euro by the amount determined irrevocably fixed by the Council of the European Union in accordance with Article 109l (4), first sentence, of the EC Treaty, shall not be subject to the amount determined in Section 12 of the Commercial Code. the prescribed form. By way of derogation from § 10 of the Commercial Code, corresponding entries are not disclosed.(2) For the purpose of registering the increase in basic or capital capital from social funds or the reduction of the capital to the next higher or next lower amount by which the nominal amounts of the shares to the full euro or the nominal amounts of the shares of the shares are Half of the value resulting from § 105 (1) (3) or (4) of the General Court and Notary Costs Act shall be deemed to be the business value of an amount of 10 dividable amounts in euro to be made in euros.

Tenth section
Transitional rules on the law on control and transparency in the business unit

unofficial table of contents

Art 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 The enterprise sector shall be at the latest on the basis of the 31. The financial year commencing in December 1998. Section 323 of the Commercial Code, as amended by the law referred to in the first sentence, is for the first time the examination of the financial statements for the period after the 31. The financial year commencing in December 1998.(2) § 319 of the Commercial Code, as amended by the law referred to in the first sentence of paragraph 1, is the first to be referred to after the 31. The financial year commencing in December 2001.(3) If the new rules referred to in paragraphs 1 and 2 are not applicable to an earlier financial year, and the new provisions referred to in the first sentence of paragraph 1 are not applied voluntarily, the financial year shall be that of 30 years.

Elfter Section
Transitional provisions on the law to extend fiscal and commercial retention periods

unofficial table of contents

Art 47

§ 257 (4) of the Commercial Code, as amended by Article 4 of the Act of 19. December 1998 (BGBl. I S 3816) shall apply for the first time to documents whose retention period according to Article 257 (4) of the German Commercial Code (Handelsgesetzbuch) in der bis zum 23.

Twelfth Section
Transitional provisions on the Capital Societies and Co-Directive-Law

Non-Official Table of Contents

Art 48

(1) The provisions of the second section of the Third Book of the Commercial Code in the of the 9. March 2000, as amended, are for the first time on annual accounts and annual reports, as well as consolidated financial statements and group management reports, in accordance with Section 264a of the Commercial Code, as amended by Section 264a of the German Commercial Code (Handelsgesetzbuch). the 31. 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 in the of the 9. The first annual and consolidated financial statements for the period after 31 March 2000, as amended, are to be applied for the first time in March 2000, subject to the first sentence of The financial year commencing in December 1998. § 335 of the Commercial Code in the up to 8. It is the last time that it applies to the enforcement of the obligations set out in the first sentence of this provision, in so far as it relates to a financial year before 1 January 2000. It began in January 1999.(2) Goods of fixed assets in the annual accounts for the 31. In December 1999, the lower value of the value of the value of the value of the commercial code shall be lower than the value of the financial year ending in Section 240 (3) and (4), § 252, 253 (1), (2) and (4), § § 254, 255, 279 and 280 (1) and (2) of the Commercial Code. will be maintained. Section 253 (2) of the Handelsgesetzbuch (Handelsgesetzbuch) is to be applied in such cases, subject to the proviso that the lower value of the advertising is to be reduced by scheduled depreciation in accordance with the probable remaining time of use.(3) Goods of orbiting assets in the annual accounts for the 31. December 1999, ending or current financial year with a lower value than it may be permitted pursuant to articles 252, 253 (1), (3) and (4), § 254, 255 (1) and (2), § § 256, 279 (1) sentence 1, para. 2, § 280 (1) and (2) of the Commercial Code, may be the lower advertising rate is maintained in so far as it has been applied for the reasons of section 253 (3), § § 254, 279 (2), § 280 (2) of the Commercial Code.(4) In the case of the first application of the provisions of Articles 1 and 5 of the Capital Societies and Co-Directive, as amended by Article 264a of the Commercial Code, the provisions of Article 264a of the Commercial Code, as amended by Article 264a of the Commercial Code, change the previous form of § 252 (1) (6), Section 265 (1), Section 284 (2) (3) of the Commercial Code does not apply to the first-time establishment of an annual financial statements in accordance with the amended regulations. In addition, the previous year's figures do not need to be stated on the first application.(5) 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". The application of sentences 1 and 2 shall be indicated in the Annex. The rates 1 and 2 shall not apply to the extent that, for reasons of tax law, the costs of acquisition or production must be determined.(6) In the application of Article 28 (1) of the Commercial Code, partnerships within the meaning of Section 264a of the Commercial Code shall, for the first time, have the information provided for in Article 28 (2) for that purpose after the 31.

Thirteenth section
Transitional provision for the adjustment of the deletions for size-dependent exemptions in the division of the consolidated financial statements after the § § 290 to 293 of the Commercial Code

Non-official table of contents

Art 49

§ 293 para. 1 of the Commercial Code is applicable to Financial years, after the 31. 1 December 1998, and no later than 31 December 1998. End of December 1999, applying the following measures:
1.
In number 1, enter
a)
in letter a to the place of money amount "32,270,000 Deutsche Mark" the amount of money of " 80,670,000 Deutsche Mark ",
b)
in letter b to the amount of money" 64.540.000 Deutsche Mark "the amount of money of" 161,330,000 Deutsche Mark " and
c)
in letter c, the employee number "250" is the employee number "500",
2.
Number 2 enter
a)
in letter to the place of money amount "26,890,000 Deutsche Mark" of the amount of money from "67,230,000 Deutsche Mark",
b)
in point (b) to the place of the amount of money "53.780,000 Deutsche Mark" the amount of money of "134.460.000 Deutsche Mark" and
c)
in point (c), the employee number "250", the number of employees "500".

Fourteenth Section
Transitional provision on the law amending regulations on the business of auditors

Non-official Table of contents

Art 50

§ 319 para. 2 sentence 2 no. 2 and para. 3 no. 7 of the Commercial Code in the 1. In the case of a public limited-liability company which issued shares with official listing, January 2001 for the first time is the examination of the financial statements for the period after 31 January 2001.

Fifteenth section
Transitional provisions on the Euro balance sheet law

unofficial table of contents

Art 51

(1) § 323 para. 2 and § 340k para. 4 of the Commercial Code in the 1. January 2002, the current version is for the first time on the examination of the financial statements for a post-31. The financial year ended in December 2001. Section 323 (2) and § 340k (4) of the German Commercial Code (Handelsgesetzbuch) in der bis zum 31. The latest version of the Commission's version of the Directive, which was in force on 31 December 2001, was last for consideration by 31 December 2001. The financial year ended in December 2001.(2) § 325a (1) sentences 3 to 5, § 340l (2) sentence 3 and 4 (4) of the Commercial Code in the 15-year-old German Commercial Code (Handelsgesetzbuch). The publication of the annual and consolidated financial statements, the management report and the group management report, as well as the accompanying documents for the 31 December 2001, are valid for the first time in December 2001. December 2000 or later financial year. § 325a (1) sentences 3 and 4, § 340l (2) sentence 3 and 4, section 4 of the Commercial Code in the 14. The latest version of the Annual Report, which was published in December 2001, is the latest 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 previous year's 31 December 2009. The financial year ended December 2000. Insofar as 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, which is prior to the 31. If the company is not present and the company is not responsible for this fact, the provisions of sentence 1 may be applied to the disclosure.

Sixteenth section < br /> Transitional law on electronic registers and legal costs for telecommunications

Non-official table of contents

Art 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 legal entity must be made. 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 entered. The register court can also carry out the registration of a power of representation corresponding to the legal rule case from its own point of view.

Seventeen section
Transitional provisions on the end-of-life vehicle law

unofficial table of contents

art 53

(1) For obligations to withdraw and recycle end-of-life vehicles in accordance with § § 3 to 5 of the Old-vehicle regulation, as amended by the 21. June 2002 (BGBl. 2214), provisions relating to the vehicles placed on the market by the closing date for the first time are to be found for the first time in the annual accounts for the following year after the 26. The financial year ended in April 2002.(2) Where the obligations referred to in paragraph 1 relate to vehicles which are before the 1. The amount of the difference between the provisions to be used for the purpose referred to in paragraph 1 and the amount of the reserve to be used in the event of a collection of those provisions may be activated as accounting aid in each case in July 2002. Evenly measured annual rates would be given. It shall be based on an accumulation period beginning with the financial year referred to in paragraph 1 and with the last one before the 1. The financial year ended January 2007. The item is to be shown in the balance sheet under the name "compensatory amount according to the old-vehicle law" before the investment assets. Article 44 (1) sentences 4 and 5 shall apply accordingly.

Eighteenth section
Transitional provisions on transparency and publicity law

unofficial table of contents

art 54

(1) The version of § 285 no. 9, § 286 para. 3, § 291 para. 3, § 297, from the entry into force of Article 2 of the Transparency and Publicity Law 1 sentence 2, § 298 (1), § 299 (1), § 301 (1), § § 304, 308, 313 (3), § 314 (1) No. 6 and section 341j (2) of the German Commercial Code (Handelsgesetzbuch) is the first to be published after the 31. The financial year commencing in 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 Disclosure Act Section 341 (4) sentence 2 of the Commercial Code is the first to be published in accordance with the provisions of the 31. The financial year commencing in December 2001.(2) In the first application of the provisions referred to in paragraph 1, if the result is increased or reduced, the amount of the difference shall be adjusted or offset in the profit reserves; this amount shall be adjusted to: not part of the annual result.

Neunteenth section
Transitional provisions on the law enforcement audit law

unofficial table of contents

art 55

(1) The regular statute of limitations according to § 195 of the Civil Code is to be found on the 1. The provisions of Section 323 of the Commercial Code shall apply as of January 2004 and shall not be subject to limitation.(2) The regular period of limitation in accordance with § 195 of the Civil Code shall be 1. 1 January 2004. However, the period of limitation shall be subject to the date of expiry of the period up to 31 December Article 323 (5) of the German Commercial Code (Handelsgesetzbuch), which expires in December 2003, expires in accordance with Section 195 of the Civil Code, the limitation period is the expiry of the period of limitation in Section 323 (5) of the German Commercial Code (Handelsgesetzbuch) in the up to 31 December 2003.

Zwanzigster Section
Transitional provisions on balance sheet control law

A non-official table of contents

Art 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 June 2016. December 2004 for the first time on financial statements of the financial year, which was adopted on 31 December 2004. December 2004 or later. Examinations by a recognised inspection body within the meaning of Section 342b (1) of the German Commercial Code shall be found at the earliest from the 1st of the year. July 2005.(2) In the first economic plan to be set up after recognition of an audit body in accordance with Section 342d of the Commercial Code, account should also be taken of the costs which were necessary for the establishment of the inspection body, even if it is already prior to the recognition of the economic plan.

Twenty-first section
Transitional provisions for Regulation (EC) No 1606/2002 and the Accounting Law Reform Act

Unofficial Table Of Contents

Art 57

On Societies, of which
1.
only debt securities for trading on a regulated market of a Member State of the European Union or of another Contracting State of the Agreement on the European Union Economic area within the meaning of Article 1 (13) of Council Directive 93 /22/EEC of 10 June 1993. May 1993 on investment services (OJ L 136, 31.5.1993 EC No 27), which was last amended by Directive 2002/87/EC of the European Parliament and of the Council of 16 June 2007 on the European Parliament and of the Council of the European Parliament 1 December 2002 (OJ L 327, EU 2003 No 1), or
2.
securities are admitted to public trading in a third country and have been authorised for that purpose since: the fiscal year ahead of the 11. Article 4 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 September 2002 on the application of internationally recognised accounting standards to be applied in accordance with international accounting standards.
July 2002 on the application of international accounting standards (OJ L 136, 31.7.2002, p EC No 1), in the version in force, only from the financial year in force, which shall be adopted after 31 December 2002. 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. Non-official table of contents

Art 58

(1) § 267 (1) and (2), § 293 (1) of the Commercial Code, as amended by the Accounting Law Reform Act of 4. December 2004 (BGBl. I p. 3166) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year starts in 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, § § 327, 336, 338, 340a (2), § 341a (2) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Reform Act are for the first time on Annual and consolidated financial statements for the period after the 31. The financial year starts in December 2003. In the annual report and in the group management report is for financial years, which is after the 31. The Commission shall, at the latest by 31 December 2003, begin and It will also take account of the likely development of the capital company and the Group.(3) § § 257, 285 sentence 1 no. 17, § 289 para. 1, 3, § 291 para. 3, § 294 (3) sentence 1, § 297 para. 1, § 298 para. 3, § 313 para. 2 No. 1, § 314 (1) No. 9, § 315 (1), § 315a (1) and (3), § 317 (2), § § 321, 321a, 322, 324a, 325, 328, 339, 340a (1), § 340i, 340j, 340l (5), § 341j (1), section 341l (4) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Reform Act are to be found for the first time on the basis of the provisions of the 31. The financial year commencing in December 2004. Section 315a (2) of the Commercial Code, as amended by the Accounting Law Reform Act, is to be found for the first time in accordance with the provisions of the 31. The financial year commencing in 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 on the basis of the provisions of the 31. December 2004. The up to the 9. § 292a, 294 (3) sentence 1, § § 295, 297 para. 1, § 298 para. 3, § 313 para. 2 No. 1, § 315 (1), § 317 paragraph 2, § § 321, 322, 325, 328, 339, 340a para. 1, § § 340i, 340j, 341j para. 1 of the German The trade code is last for the first time before the 1. The financial year commencing in January 2005. Section 292a of the Commercial Code applies accordingly to the provisions of the 31. 1 December 2002 and 1. The financial year starts in January 2005 for parent companies which do not use an organised market within the meaning of Section 2 (5) of the German Securities Trading Act (Securities Trading Act).(4) § § 319 and 319a of the German Commercial Code (Handelsgesetzbuch) 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 post-31. The financial year commencing in December 2004. The up to the 9. The version of Section 319 of the German Commercial Code, which is in force in December 2004, is the last of all statutory statutory audits for the prior to the 1st of December 2004. The financial year commencing in January 2005. § 319 (1) sentence 3 of the Commercial Code, as amended by the Accounting Law Reform Act, is applicable to all statutory audits, with the exception of the examination of a public limited company which has issued shares with official listing, for the first time after the 31. The financial year begins in December 2005. § 319a (1) sentence 1 no. 1, 4 and sentence 4 of the Commercial Code in the version of the Accounting Law Reform Act is for the first time on final examinations for that after the 31. The financial year commencing in December 2006. On final exams for the first time before 1. In January 2007, the business years beginning in January 2007 are to be found in Section 319 (3) (6) of the German Commercial Code (Handelsgesetzbuch) in the December 2004. § 319 (3) sentence 1 No. 3 and § 319a (1) sentence 1 No. 2 of the Commercial Code as amended by the Accounting Law Reform Act are for final exams for the first time before the first. shall not apply for financial years beginning in January 2006, when the contract for the provision of the services referred to above is submitted before the 29. The activities of the European Parliament and of the Council of the European Union have been granted in October 2004. The Trade Code was admissible in December 2004.(5) A parent company (§ 290 of the Commercial Code) fulfils the conditions laid down in Article 57, first sentence, No. 1 of this Act, that is to say, it shall be up to 9. As amended by Article 297 (1) of the Commercial Code, by way of derogation from the fourth sentence of paragraph 3, the last sentence of the first sentence of Article 297 of the Commercial Code was before 1 December This shall not apply if a consolidated financial statements are drawn up in accordance with Section 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 adopted in accordance with the provisions of Section 292a of the Commercial Code of the European Union in the period up to and including 9. The European Parliament and the Council of the European Union shall apply for financial years before 1 December 2004. January 2007.(6) Insofar as § 292a of the Commercial Code in the bis zum 9. The Commission shall also continue to apply the provisions of paragraph 3, sentence 4 or 5, or the second sentence of paragraph 5, as amended in December 2004, as well as Article 331 (3) of the Commercial Code in the up to 9.

Twenty-second section
Transitional provisions on the Management Board Remuneration Disclosure Act

unofficial table of contents

art 59

§ 285 sentence 1 no. 9 letter a, § 286 para. 4, 5, § 289 para. 2 no. 5, § 314 para. 1 no. 6 letter a, para. 2 sentence 2, § 315 para. 2 no. 4, § 334 para. 3, § 340n (3) and § 341n (3) of the Commercial Code, as amended by the Act 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 Act of 19. April 2006 (BGBl. I p. 866) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year begins in 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-third section
Transitional provisions relating to the Adoption Policy-Implementation Law

Non-official table of contents

Art 60

§ 289 (4), § 315 (4), § 334 (1) (3) and (4), § 340n (1) (3) and (4) and 341n (1) (3) and (4), as amended by the Act of Takeover Directive, are for the first time on annual and consolidated financial statements for the period after the 31.

Twenty-fourth section
Transitional provisions on the Electronic Commerce Register Act and the Cooperative Register, as well as the Business register

Non-official table of contents

Art 61

(1) The national governments can determine by means of a legal regulation that Registrations and all or individual documents up to 31. It will also be possible to submit a paper to the Commercial Register in 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. I p. 2553). The text is in force in January 2007. The national governments can transfer the authorization according to the first sentence to the Land Justice Administrations by means of a legal regulation.(2) The Federal Ministry of Justice may, by means of a regulation without the consent of the Federal Council, determine that all or individual documents to be submitted electronically to the operator of the Federal Gazette are up to the 31. December 2009 can also be submitted in paper form.(3) Upon receipt of an application for disclosure as an electronic document, documents submitted to the Register Court in paper form within the period of ten years preceding the application shall be placed in an electronic document The provisions of Section 8b (4) of the Commercial Code shall apply accordingly. To the extent that a legal regulation is adopted pursuant to the first sentence of paragraph 1, the following shall be adopted after 31 December 2008. Documents submitted in paper form must be immediately transferred to an electronic document.(4) The Court of First Instance shall have the entries in the Commercial Register up to 31 December 2008. December 2008, in addition to the electronic announcement according to § 10 of the Commercial Code, as amended by the Law on Electronic Commerce Register and Cooperative Register, and the Business Register also in a daily newspaper or a to make other sheets known. 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 Register of trade registers and register of cooperatives and the business register on 1 January January 2007 applies to the selection and designation of the leaf. If the commercial register is held by a court of several judges and if they do not agree on the name of the sheet, the determination shall be made by the district court before the court; if, in the case of this district court, a board is held, the court shall: in the case of commercial matters, it shall replace 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 shall prevail.(5) § 264 (3), § 264b No. 3, § 287 sentence 3, § 290 (1), § 313 (4) sentence 3, § § 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 in the version of the Act on Electronic Commerce Register and Cooperative Register as well as the Business Register are for the first time on annual and consolidated financial statements as well as management reports and group management reports for the post-31. The financial year begins in 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 up to the entry into force of the Law on Electronic Commercial Register and Cooperative Register and the Business Register on 1 January 2008. January 2007 is the latest version of the annual and consolidated financial statements for the period prior to 1 January 2007. The financial year commencing in January 2006. Annual and consolidated financial statements in accordance with the second sentence of the first subparagraph, which shall apply from 1 January 2007. In January 2007, the operator of the Federal Gazette (Bundesanzeiger) will forward it to the competent local court, which will be responsible for the operation of the Federal Gazette (Bundesanzeiger) until the end of the The European Parliament and the Council of the European Union. In the cases of the third sentence, the annual and consolidated financial statements as well as the management reports and the group management reports according to § 325 (2) or (3) and the notice notice pursuant to section 325 (1) sentence 2 of the Commercial Code, in each case in the up to the Entry into force of the Law on Electronic Commerce Register and Cooperative Register and the Business Register on 1 January 2008. The German Federal Gazette (Bundesanzeiger) was published in January 2007.(6) Those based on § § 13 to 13c of the Commercial Code in the until the entry into force of the Act on Electronic Commercial Register and Cooperative Register as well as the Business Register on 1. 1 January 2007, the Court of First Instance of the branch of the branch for the branch of a company having its registered office or principal place of business shall be replaced by 1 January 2007 in force. The following shall be entered in the register sheet on the basis of the following note: " The entries to this branch shall be taken from 1 January 2007 onwards. The Court of First Instance held in January 2007 only the General Court of the principal place of business. " In the case of the General Court of the principal place of establishment or of the seat, the record shall be 1. The Court of First Instance deleted in January 2007 the reference to registration in the Court of First Instance at the place of the branch.(7) As far as legal or contractual restrictions of use do not conflict, the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt) shall transmit to the Federal Office for automated processing data or by remote data transmission to the Operator of the Federal Gazette at stand 30. April 2007, the names and addresses of the capital companies which, in accordance with Article 2 (5) of the Securities Trading Act, have issued an organised market within the meaning of Section 2 (5) of the Securities Trading Act in the meaning of Section 2 (1) sentence 1 of the German Securities Trading Act (Securities Trading Act) in the Domestic use. 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 rules on the Transparency Directive Implementation Law

unofficial table of contents

art 62

§ 264 para. 2 sentence 3, § 289 para. 1 sentence 5, § 297 para. 2 sentence 4, § 315 paragraph 1 sentence 6, § 315a para. 1, § 325 para. 2a sentence 3, § 331 No. 3 and 3a, § 340a Abs. 3, § 340i (4) and § 342b (2) sentence 1 of the German Commercial Code (Handelsgesetzbuch) as amended by the Transparency Directive Implementation Act are for the first time on annual and consolidated financial statements, as well as management reports and group management reports and half-yearly financial reports as well as Interim financial statements and interim consolidated financial statements for the post-31

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

Non-Official Table of Contents

Art 63

The Tenth Section of the Fifth Book and Section 905 of the Commercial Code are for insurance relationships that are up to on the entry into force of the Insurance Contract Law of 23. November 2007 (BGBl. 2631) on 1. January 2008, until 31 January 2008.

Twenty-seventh Section
Risk-limiting Act Transitional Rule

Non-official table of contents

Art 64

§ 354a of the Commercial Code is in its since the 19. Member States shall apply only to agreements concluded in accordance with 18 August 2008.

Twenty-eighth Section
Transitional Regulations to the Law for the Modernisation of the GmbH-Right and Combating abuses

Non-official table of contents

Art 65

The obligation to apply the domestic business address to the court in accordance with § § 13, 13d, 13e, 29 and 106 of the Trade Code in which, from the date of entry into force of the Law of 23. October 2008 (BGBl. 2026) on 1. The application shall also apply to those who are already registered in the Commercial Register at that time, unless the national business address is already in force on the Court of First Instance. has been notified 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 registered company application to the commercial register from 1. November 2008, but no later than 31 December 2008. 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 bears no charge of its own motion on its own merits and without verification pursuant to Section 24 (2), in the case of branches, 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 on which the trade register has been registered. 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 pursuant to 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, entry in accordance with sentences 3 to 5 shall not be disclosed.

Twenty-ninth section
Transitional provisions relating to the Accounting Law Modernisation Act

unofficial table of contents

art 66

(1) § § 241a, 242 (4), § 267 (1) and (2), and § 293 (1) of the Commercial Code in the Version of the Accounting Law Modernisation Act of 25. May 2009 (BGBl. 1102) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year commencing in December 2007.§ 285 No. 3, 3a, 16, 17 and 21, § 289 (4) and (5), § 289a, 292 (2), § 314 (1) No. 2, 2a, 8, 9 and 13, § 315 (2) and (4), § 317 (2) sentence 2, subsection (2), subsection (5) and (6), § § 327 (2). § 319a, paragraph 2, sentence 2, § § 319b, 320 (4), § 321 para. 4a, § 340k para. 2a, § 340l (2) sentence 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) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year commencing in 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, § 341a (2) sentence 5 as well as section 341j (1) sentence 3 of the Commercial Code in the up to the 28th The latest annual and consolidated financial statements for the period prior to 1 May 2009 are in force. shall apply to the financial year commencing in January 2009.(3) § 172 (4) sentence 3, § § 246, 248 to 250, § 252 (1) no. 6, § § 253 to 255 (2a) and (4), § 256 sentence 1, § § 256a, 264 (1) sentence 2, § § 264d, 266, 267 para. 3 sentence 2, § 268 para. 2 and 8, § 272 para. 1, 1a, 1b and 4, § § 274, 274a No. § 277 (3) sentence 1, subsection 4 sentence 3, para. 5, § 285 No. 13, 18 to 20, 22 to 29, § 286 para. 3 sentence 3, § 288 to the extent referred to in § 285 No. 19, 22 and 29, § § 290, 291 para. 3, § 293 para. 4 sentence 2, para. 5, § 297 para. 3 sentence 2, § 298 para. 1, § 300 (1) sentence 2, § 301 (3) sentence 1, para. 4, § § 306, 308a, 310 (2), § 313 (3) sentence 3, § 314 (1) No. 10 to 12, 14 to 21, § 315a (1), § 319a (1) half sentence 1, § 325 (4), § 325a (1) sentence 1, § 327 No. 1 sentence 2, § § 334, 336 Paragraph 2, § § 340a, 340c, 340e, 340f, 340h, 340n, 341a (1) sentence 1, subsection 2 sentence 1 and 2, § § 341b, 341e, 341l and 341n of the German Commercial Code, as amended by the Accounting Law Modernisation Act of 25. May 2009 (BGBl. 1102) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year commencing in 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, stemming from the labour market activities carried out in financial years, after 31 years of age. The report was launched in 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. § 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 are after the 31. The report was launched in December 2009. For the first time in accordance with § 290 (1) and (2) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Modernisation Act, or in the case of a first-time consolidated financial statements for the first time, consolidated financial statements for the period after the 31 As of December 2009, Section 301 (1) sentences 2 and 3, section 2 and section 309 (1) of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Law Modernisation Act are to be found on consolidated financial statements for the period after 31 December 2009. The financial year shall be commencing in December 2009. The new rules can already be adopted on the basis of the 31. However, this is to be stated in the Annex and the Group's Annex, which will be applied in December 2008, but only in total.(4) § § 324, 340k (5) and section 341k (4) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Modernisation Act of 25. May 2009 (BGBl. I p. 1102) are for the first time from 1. Article 12 (4) of the Introductory Act on the German Stock Corporation Act (AktG) is to be applied accordingly.§ 246 (1) and (2), § 247 (3) sentence 3, § 265 (3) sentence 2, § § 266, paragraph 3, sentence 2, § 268 para. 2, § 269, 270 (1) sentence 2, § 272 (2), § § 269, 270 (1) sentence 2, § 272 (2), § § 264c (3), § § 264c (3), § § 266, 267 (3) sentence 2, § 268, paragraph 2. 1 and 4, § § 273, 274, 274a No. 5, § 275 (2) No. 7 (a), § 277 (3) sentence 1, (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 to the extent to § 285 sentence 1 no. 2, 5 and 18 § § 290, 291 (3) No. 1 and 2 sentence 2, § 293 (4) sentence 2, para. 5, § 294 (2) sentence 2, § 297 (3) sentence 2, § 298 (1), § 300 (1) sentence 2, § 301 (1) sentence 2 to 4, para. 2, 3 sentence 1 and 3, para. 4, § § 302, 306, 307 (1). 1 sentence 2, § 309 (2), § 312 (1) to 3, § 313 (3) sentence 3, para. 4, § 314 (1) No. 10 and 11, § 315a (1), § 319a (1) sentence 1, subsentence 1, § 325 (4), § 325a (1) sentence 1, § 327 No. 1 sentence 2, § § 334, 336 para. 2, § 340a Abs. 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 the 28th. The current version of the Financial Statements of the European Parliament and of the Council of the European Union, which is currently in force, is the last of The financial year commencing in January 2010.(6) § 248 (2) and § 255 (2a) of the German Commercial Code (Handelsgesetzbuch) in the version of the Accounting Law Modernisation Act of 25. May 2009 (BGBl. 1102) shall apply only to the intangible fixed assets of the fixed assets, which are to be developed in business years after the 31 December period. December 2009. Non-official table of contents

Art 67

(1) Insofar as a change in the rating of the current pensions or pensions is changed, a In the case of a supply to the provisions, this amount shall be required at the latest by 31 December 2008. To collect at least one-fifteenth of each fiscal year in each financial year. 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, provided that the amount to be resolved is not later than 31 December 2004 at the latest. It would have to be reintroduced in December 2024. 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 indicated in the notes and in the consolidated appendix.(2) For the purposes of paragraph 1, capital companies, credit institutions and financial services institutions must be registered in the meaning of Section 340 of the Commercial Code, insurance undertakings and pension funds within the meaning of Section 341 of the Commercial Code. Cooperatives and partnerships as defined in Section 264a of the Commercial Code, the provisions for current pensions not shown in the balance sheet, pension rights and similar obligations in each of the notes and in the Specify the Group attachment.(3) Goods in the annual accounts for the last before 1. § 249 (1) sentence 3, paragraph 2 of the German Commercial Code, special items with repayment share pursuant to § 247 (3), § 273 of the Commercial Code or InAccounting Line Items pursuant to § 250 (1) sentence 2 of the German Commercial Code (Handelsgesetzbuch) Trade Code in the up to the 28th These items may be made available under the rules applicable to them in the period up to and including 28 May 2009. The provisions of Section 249 (1) sentence 3, paragraph 2 of the Handelsgesetzbuch (Handelsgesetzbuch) may also be retained in part. If no use is made of the right to vote in accordance with the first sentence, the amount shall be immediately placed in the retained earnings; this shall not apply to amounts corresponding to the provision in accordance with Section 249 (1) sentence 3, paragraph 2 of the Commercial Code in the up to the 28th. The latest version of the Commission's proposal The financial year commencing in January 2010.(4) Lower value rates of property, which are based on depreciation in accordance with Section 253 (3) sentence 3, § 253 (4) of the Commercial Code or in accordance with § § 254, 279 (2) of the Commercial Code in the up to the 28. The European Parliament and the Council of the European Union shall be based on the provisions of the European Parliament and of the Council of 19 May 2009 The Commission may, by applying the rules applicable to them, start in January 2010 in the period up to 28 January 2010. The text will be continued in May 2009. If 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 is the last before the 1. The financial year commencing in January 2010.(5) In the annual accounts for a prior to 1. The financial year commencing in January 2010, an accounting aid for expenses for the implementation and expansion of the business operation in accordance with Section 269 of the Commercial Code in the period up to the 28th of January 2010. The Commission may, on the basis of the rules applicable to it, be in force until 28 May 2009 in the form of the text in force in force until 28 May 2009. The text will be continued in May 2009. Is in the consolidated financial statements for a prior to 1. Financial consolidation in accordance with Section 302 of the Commercial Code in the period up to 28 January 2010. The European Parliament and the Council of the European Union, which was in force in May 2009, shall, under the rules applicable to them, be in force until 28 May 2009. The text will be maintained in force in May 2009.(6) expenses or income arising from the first application of § § 274, 306 of the German Commercial Code, as amended by the Accounting Law Modernisation Act of 25 November 2013. May 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 directly offset 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. Expenses and income are also to be offset directly with the profit reserves.(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 figures for the previous year need not be adjusted for the first time; this is to be noted in the annex and the group annex.

Thirty-part section
Transitional provisions on the law Adequacy of Management Board remuneration

Non-official table of contents

Art 68

§ 285, point 9, § 286 (5) sentence 1, § 289 (2) Point 5, Section 314 (1) (6), (2) and Section 315 (2) (4) of the Commercial Code, as amended by the Law on the appropriateness of the remuneration of the Executive Board of 31 December 2003. July 2009 (BGBl. I p. 2509) are for the first time on annual and consolidated financial statements for the period after the 31. The financial year commencing in December 2009. The up to the 4. § 285 (9), § 286 (5) sentence 1, § 289 (2) (5), Article 314 (1) (6), (2) and Section 315 (2) (4) of the Commercial Code are the last of the year and consolidated financial statements for the preceding 1.

Thirty-one section
Transitional provision on the law implementing the revised Banking Directive and the revised Capital Adequacy Directive

unofficial table of contents

art 69

(1) § 341c of the Commercial Code, as amended by the law implementing the amended The Banking Directive and the revised Capital Adequacy Directive are for the first time on annual and consolidated financial statements for the period after 31 December 2013. The financial year shall be commencing in December 2010.(2) § 341c of the Commercial Code in the up to 24. November 2010 is the latest on annual and consolidated financial statements for the first time before 1 January 2010.

thirty-second section
Transitional provision to the micro-capital company-balance sheet law amendment law

  Non-official table of contents

Art 70

(1) The facilitation for micro-capital companies in the accounts according to § 264 (1), § § § 264 (1), § 264 (1), 266 (1), § § 267a, 275 (5), Article 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-sociality-Balance sheet law of 20. December 2012 (BGBl. 2751) shall apply for the first time to annual and consolidated financial statements, which shall apply to one after the 30 th anniversary of the year. The final date of the closing date is December 2012. For annual and consolidated financial statements, which are on a pre-31. As of December 2012, the provisions of the Commercial Code set out in the first sentence of 1 December 2012 shall remain in force until the end of the year. The Commission shall continue to apply in force in December 2012.(2) § 264 (3) and § 290 of the German Commercial Code (Handelsgesetzbuch) as amended by the Micro-Capital-of-the-Financial-Balance Sheet Law, are to be applied for the first time on annual and consolidated financial statements for financial years, which are based on the 31. December 2012. For annual and consolidated financial statements for financial years before the 1. The provisions of the Commercial Code shall remain in force until 27 January 2013. The Commission shall continue to apply in force in December 2012.(3) For sections 264, 335, 335a (1), (2) and (4), § § 340o and 341o of the Commercial Code, as amended by the Act amending the Commercial Code of 4. October 2013 (BGBl. 3746), paragraph 1 shall apply mutatily. 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 is based on the 31.

Thirty-three-way section
Transitional provision on the law for the reform of maritime trade law

Unofficial Table of Contents

Type 71

(1) For Partenreedereien and Baushiedereien, which is before the 25. § § 489 to 509 of the Commercial Code shall remain valid in the version valid up to this date.(2) An obligation of debt, regulated in the Fifth Book of the Commercial Code, before the 25. The date of April 2013 is to continue to apply the laws applicable until that date. This shall also apply to the limitation period of those arising from such a debt ratio prior to the 25.

Thirty-four Section
Transitional Regulations to the AIFM Implementation Law

unofficial table of contents

art 72

(1) The one in § 8b, paragraph 2, point 8, § 285, point 26, § 290, paragraph 2, point 4, second sentence, and § 314, paragraph 1, point 18 of the Commercial Code, respectively, in relation to the provisions of the investment law are those taken up to the 21. The provisions of these provisions shall be in force in July 2013.(2) § 285 Number 26, § 290 (2) (4) sentence 2, § 314 (1) (18) and 341b (2) of the Commercial Code as amended by the AIFM Implementation Act are for the first time on annual and consolidated financial statements for the period after the 21. The following financial years shall be applied in July 2013. For annual and consolidated financial statements for financial years prior to the 22nd The provisions of the Commercial Code shall remain in force until 21 July 2013.

Thirty-fifth section
Transitional provision on the equal participation of women and men in decisionmaking positions in the Private and public services

Non-official table of contents

Article 73

§ 289a, paragraph 2, point 4, also in connection (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 period.

Sixty-sixth section
Transitional provisions on the retail investor protection act

unofficial table of contents

Art 74

§ 335, paragraph 1, sentence 4 of the Commercial Code, as amended by the Small Investor Protection Act of 3. July 2015 (BGBl. I p. 1114) shall apply for the first time to annual and consolidated financial statements for financial years, which shall be in accordance with the provisions of the 31. December 2014.

Thirty-seventh section
Transitional rules for balance sheet policy implementation law

unofficial table of contents

art 75

(1) § § 255, 264, 264b, 265, 267a (3), § § 268, 271, 272, 274a, 275, 276, 277, paragraph 3, § § 284, 285, 286, 288, 289, 291, 292, 294, 296 bis 298, 301, 307, 309, 310, 312 to 315a, 317, 322, 325, 326, 328, 331, 334, 336 to 340a, 340e, 340i, 340n, 341a, 341b, 341j and 341n of the Commercial Code, as amended by the Accounting Directive of 17 November 1998. July 2015 (BGBl. I p. 1245) are for the first time on annual and consolidated financial statements, as well as the situation and group management reports for the period after the 31. The financial year starts in December 2015. The provisions referred to in the first sentence as well as Article 277 (4) and Article 278 of the Commercial Code in the up to the 23. July 2015, the current version of the Company's annual and consolidated financial statements, as well as the position and group management reports, are to be applied for a period prior to 1 July 2015. January 2016 starts fiscal year.(2) § § 267, 267a (1), Section 277 (1) and Section 293 of the German Commercial Code (Handelsgesetzbuch) as amended by the Accounting Directive Implementation Act of 17. July 2015 (BGBl. I p. 1245) may be used for the first time on annual and consolidated financial statements, annual reports, and group management reports for the period after the 31. December 2013 will be applied, 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 period after the 31. In this case, § § 267, 267a (1), § 277 (1) and § 293 of the German Commercial Code (Handelsgesetzbuch) are to be applied in the period up to 22 December 2015. July 2015 is the latest version of the report before 1. January 2016 ended fiscal year. 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: the application of Section 277 (1), as amended by the Accounting Directive, would have to be explained.(3) § 8b and the provisions of the third subsection of the Fourth Section of the Third Book of the Commercial Code in the version of the Accounting Directive Implementation Act are for the first time on payment reports and group payment reports for a post- 23. to apply the financial year beginning in July 2015.(4) Section 253 (3), third sentence, of the Commercial Code, as amended by the Accounting Directive, applies for the first time to intangible assets of the fixed assets, which are to be found in accordance with the provisions of the 31. December 2015 will be activated. 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, after the 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 Article 253 (3) and (5) of the Commercial Code shall also be applied in the version of the Accounting Directive. The provisions of the third sentence of paragraph 1 shall apply accordingly.(5) expenses 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 "expenses under Article 67 (1) and (2) of the EGHGB" and income within the rest of the other operating expenses. operating income as a "income referred to in Article 67 (1) and (2) of the ECHGB" shall be disclosed separately.