Commercial Code

Original Language Title: Handelsgesetzbuch

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Commercial Code

Non-official table of contents

HGB

Date of issue: 10.05.1897

Full quote:

" Handelsgesetzbuch in der im Bundesgesetzblatt Part III, outline number 4100-1, published the adjusted version, as last amended by Article 190 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Last modified by Art. 190 V v. 31.8.2015 I 1474

See Notes

Footnote

(+ + + Text credits: 1.1.1981 + + +)
(+ + + measures) for details on the stand. Due to EinigVtr Annex I, chap. III D III No. 1 not to be used in the
. § 1 (1) (4) (a) (a) G v. 19.4.2006 I 866, 891
(BMJMeasure BerG) mWv 25.4.2006
and on the basis of EinigVtr Appendix I Kap. VIII A III No. 2 no longer apply to
. Art. 109 (3) (a) (b). aa
G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)
(+ + + For application
see Art. 75 HGBEG + + +)
(+ + + For application
see § 124 para. 1 sentence 2 KAGB u. § 149 (1) sentence 2 KAGB + + +)
(+ + + For application d. § 8b (3) sentence 1 no. 1
cf. § § 45 para. 4 KAGB + + +)
(+ + + For non-application d. § § 132 to 135
cf. § 10 Section 5 KredWG + + +)
(+ + + For application d. Section 133 (2)
cf. § 161 Para. 1 sentence 3 KAGB + + +)
(+ + + For application d. § 147
cf. § 129 para. 2 sentence 2 KAGB u. § 154 Para. 2 No. 2 KAGB + + +)
(+ + + For application d. § 264 (1) sentence 4, para. 3 and 4
cf. § 46 sentence 2 KAGB u. § 135 paragraph 2 sentence 2 KAGB + + +)
(+ + + For application d. § 264b
cf. § 46 sentence 2 KAGB u. § 135 paragraph 2 sentence 2 KAGB + + +)
(+ + + For application d. Section 325 (1) sentence 1 and 7, para. 2 to 2b, 5 u. 6
cf. § 160 Abs 1 KAGB + + +)
(+ + + For application d. § 328
cf. § 160 para. 1 KAGB + + +)
(+ + + For application d. Section 329 (1), (2) and 4
cf. § 160 para. 1 KAGB + + +)
(+ + + For application d. § 335
cf. § 160 para. 1 KAGB + + +)
(+ + + For the first application d. § 335a (3)
cf. Art. 70 (3) sentence 2 HGBEG + + +)
(+ + + For the first application d. Section 331 (3) and 3a and § 342b para. 2 sentence 1
cf. Art. 62 HGBEG + + +)
(+ + + For application d. § 335 (5) sentence 11 and 12
cf. Art. 66 (6) HGBEG + + +)
(+ + + On expiry of the external force) § 335 (5) sentence 11 and 12
cf. Art. 66 (6) HGBEG + + +)
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EGRL 38/2003 (CELEX Nr: 32003L0038)
EGRL 51/2003 (CELEX Nr: 32003L0051)
EGRL 65/2001 (CELEX Nr: 32001L0065) see V v. 4.12.2004 I 3166
Implementation of the
EGRL 58/2003 (CELEX Nr: 32003L0058)
EGRL 109/2004 (CELEX Nr: 32004L0109) see V v. 10.11.2006 I 2553
Implementation of the
EGRL 65/2001 (CELEX Nr: 32001L0065)
EGRL 51/2003 (CELEX Nr: 32003L0051)
EGRL 43/2006 (CELEX Nr: 32006L0043)
EGRL 46/2006 (CELEX Nr: 32006L0046) see G v. 25.5.2009 I 1102
Implementation of the
EURL 6/2012 (CELEX Nr: 32012L0006) cf. G v. 20.12.2012 I 2751 + + +)

Entered into force on 1.1.1900 gem. Art. 1 (1) EGHGB 4101-1 and Others Art. 1 EGBGB 400-1; § § 59 to 64 u. 66 to 83 entered into force on 1.1.1898 gem. Art. 1 para. 2 EGHGB 4101-1

First book
trading level

First section
merchants

unofficial table of contents

§ 1

(1) merchant within the meaning of this code is who operates a trading business.(2) The trading industry is any business, unless the enterprise does not require, in the manner or scope of the transaction, a commercial operation established in a commercial manner. Non-official table of contents

§ 2

A commercial enterprise whose business operation is not already in accordance with § 1 (2) of the trade industry shall be deemed to be a commercial enterprise. Trade within the meaning of this Code, if the Company is registered in the Commercial Register. The trader is entitled, but not obliged, to bring about registration in accordance with the rules applicable to the registration of commercial firms. If the registration is carried out, the company shall also be deleted at the request of the entrepre, unless the condition of section 1 (2) has occurred. Non-official table of contents

§ 3

(1) The rules of § 1 do not apply to the operation of agriculture and forestry.(2) § 2 shall apply to a country or forestry undertaking which requires the type and scope of a commercial enterprise established in a commercial manner, subject to the proviso that after registration in the commercial register a deletion of the company shall be carried out only after the date of the registration. the general rules applicable to the erasure of commercial firms.(3) Where the operation of agriculture or forestry involves a company which is only a subsidiary sector of the agricultural or forestry undertaking, the undertakings operating in the subsidiary industry shall be subject to the provisions of paragraphs 1 and 2. and 2 appropriate use. unofficial table of contents

§ 4

(omitted) unofficial Table of contents

§ 5

If a company is registered in the commercial register, it cannot be asserted that the business operated under the company is not a trading company. Non-official table of contents

§ 6

(1) The rules in the clerk of the merchants are also applicable to the trading companies.(2) The rights and obligations of an association, to which the law provides the property of a businessman without regard to the subject matter of the company, shall remain unaffected, even if the conditions of § 1 (2) are not present. Non-official table of contents

§ 7

The rules of the public law, which exclude the power to operate the business or the The application of the provisions of this Code shall not be affected by the application of the provisions relating to the merchants.

Second Section
Trade Register; Business Register

unofficial table of contents

§ 8 trade register

(1) The trade register is electronically conducted by the courts.(2) Other data collections may not be placed on the market by use or addition of the name "commercial register". Non-official table of contents

§ 8a Entry into the Commercial Register; Regulation empowerment

(1) An entry in the Commercial Register becomes effective, as soon as it is included in the data storage medium for the entry into the trade register and can be reproduced in a legible form in terms of content in the long term.(2) The State Governments shall be empowered to adopt, by means of a regulation, more detailed provisions on the electronic management of the commercial register, the electronic declaration, the electronic filing of documents and their storage; as far as they are not enacted by the Federal Ministry of Justice and for consumer protection in accordance with Section 387 (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction. In doing so, they may also determine the details of the data transfer as well as the form of electronic documents to be transmitted in order to ensure the suitability for the processing by the court. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

§ 8b Business register

(1) The business register shall be subject to a regulation in accordance with Section 9a (1) of the Federal Ministry of Justice and Consumer Protection electronically conducted.(2) The website of the Business Register provides access to the following:
1.
Trade register entries and their publication and commercial register documents;
2.
entries in the register of cooperatives and their publication and on the basis of the Documents submitted by the Cooperatives Register;
3.
entries in the Partnership Register and its announcement and the partnership register. Documents;
4.
Financial accounting documents in accordance with § § 325 and 339 as well as documents according to § 341w, insofar as they have been disclosed;
5.
Company law notices in the Federal Gazette;
6.
published in the Shareholder Forum Entry in accordance with § 127a of the German Stock Corporation Act;
7.
Publications of companies under the Securities Trading Act or the Property Law in the Federal Gazette (Bundesanzeiger), of Providers, companies, inventors and supervisory boards in accordance with the German Securities Acquisition and Takeover Act in the Federal Gazette (Bundesanzeiger) as well as publications in the Federal Gazette (Bundesanzeiger) according to the Stock Exchange admission regulation;
8.
Notices and publications of capital management companies and externally managed investment companies according to the Capital Investment Code, the Investment Act and the Investment Tax Act in the Federal Gazette;
9.
Publications and other information made available to the public in accordance with § § 2b, 15 (1) and (2), § § § § 2 (3). 15a (4), § 26 (1), § 26a, 29a (2), § § 30e, 30f (2), § 37v (1) to § 37x (1), § § 37y, 37z (4) and § 41 (4a) of the Securities Trading Act, unless the publication is already referred to in point 4 or point 7 in the company register;
10.
Communications on publications of capital market law addressed to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), if the Publication itself is not already entered in the business register via point 7 or number 9;
11.
Notices of the insolvency courts according to § 9 of the Insolvency order, with the exception of proceedings after the ninth part of the insolvency order.
(3) To be sent to the business register for the purpose of setting the company register:
1.
the data referred to in paragraph 2 nos. 4 to 8 and the subsection 326 (2) of a micro-capital company ,
2.
means the data referred to in paragraph 2 (9) and (10) by the publication or the publication required by the publication The
Justice Administrations shall transmit the data referred to in paragraph 2 (1) to (3) and (11) to the Business Register, to the extent that the transmission for the opening of access to the Original data on the website of the business register is required. The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) supervises the transmission of the publications and other information made available to the public in accordance with § § 2b, 15 (1) and (2), § 15a (4), § 26 (1), § 26a, 29a (1). 2, § § 30e, 30f (2), § 37v (1) to § 37x (1), § § 37y, 37z (4) and § 41 (4a) of the Securities Trading Act (Securities Trading Act) to the corporate register for storage and may take orders that are appropriate and necessary for their enforcement. The Bundesanstalt may make the necessary transmission of the publications referred to in the third sentence, information made available to the public at the expense of the person who is subject to the obligation, if the obligation to communicate does not, not correctly, is not fully or not fulfilled in the prescribed manner. § 4 (3) sentences 1 and 3, para. 7, 9 and 10, § 7 and § 8 of the German Securities Trading Act apply accordingly for the monitoring activities of the Bundesanstalt.(4) The management of the business register shall include the issument of printouts as well as the certification in accordance with § 9 (3) and (4) with regard to the accounting documents stored in the business register within the meaning of paragraph 2 (4). The same shall apply to the electronic transmission of documents submitted to the commercial register in accordance with Section 9 (2), insofar as the application relates to accounting documents within the meaning of paragraph 2 (4); Article 9 (3) applies. corresponding.

Footnote

(+ + + § 8b: For application see Art. 75 (3) HGBEG + + +) (+ + + § 8b (3) sentence 1 No. 1: For application, see § 45 (4) KAGB + + +) unofficial table of contents

§ 9 inspection of the commercial register and the business register

(1) The inspection of the trade register and the trade register submitted Documents are permitted for information purposes. The State Justice Administrations determine the electronic information and communication system, via which the data from the trade registers can be called up, and are responsible for the handling of the electronic retrieval procedure. The State Government may regulate jurisdiction by way of derogation from the law; it may transfer this authorisation to the Land Justice Administration by means of a legal regulation. The countries can designate a transnational central electronic information and communication system. They may also agree to transfer the settlement tasks to the competent authority of another country, as well as to the operator of the business register, to transfer the settlement tasks to the business register.(2) If documents are available only in paper form, the electronic transmission may be required only for such documents which have been submitted to the commercial register less than ten years before the date of application.(3) The conformity of the data transmitted with the contents of the trade register and the documents submitted to the commercial register shall be certified on request by the court. For this purpose, a qualified electronic signature is to be used according to the signature law.(4) An expression may be required of the entries and of the documents submitted. A copy of the documents submitted to the commercial register, which are only available in paper form, may be required. The copy is to be certified by the office and the printout is to be made as an official expression, if the certification is not waived.(5) The Court of First Instance shall, on request, issue a certificate certifying that further entries are not present in respect of the subject of an entry or that a particular registration has not been effected.(6) Paragraph 1, first sentence, shall apply mutas to the inspection in the business register. Applications in accordance with paragraphs 2 to 5 may also be submitted to the Court of First Instance through the Business Register. The inspection of the balance sheet of a micro-capital company (§ 267a), which has been exercised by the law pursuant to § 326 (2), shall only be made upon request by the transmission of a copy. Non-official table of contents

§ 9a Transfer of the management of the business register; Regulation empowerment

(1) The Federal Ministry of Justice and In the case of consumer protection, it is authorised, by means of a regulation with the consent of the Bundesrat, to delegate to a legal person of private law the tasks in accordance with Section 8b (1). The Beliehene acquires the position of a federal judicial authority. In order to produce credentials, the Beliehene carries out a seal of service; for more details, please refer to the legal regulation according to the first sentence of the first sentence. The duration of the order shall be limited to five years and shall be subject to termination rights for important reasons. A private law person may only be borrowed if it has fundamental experience with the publication of information and legal notices, in particular commercial register data, of capital market law, and if it has a adequate technical and financial resources are available to guarantee the long-term and safe operation of the business register.(2) The Federal Ministry of Justice and Consumer Protection is authorized to provide details of the data transfer between the authorities of the Länder and the business register, including requirements, by means of a legal regulation with the consent of the Federal Council to regulate via data formats. Deviations from the procedural rules by national law are excluded.(3) The Federal Ministry of Justice and Consumer Protection is authorized, by means of a regulation without the consent of the Federal Council, to provide the technical details regarding the establishment and management of the business register, details of the data transfer , including specifications on data formats which are not covered by paragraph 2, deletion periods for the data stored in the company register, monitoring rights of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) in relation to the business register with regard to the transmission, recruitment, management, processing and retrieval of data on capital market law, including cooperation with officially appointed storage systems of other Member States of the European Union or of others States Parties to the Agreement on the European Economic Area within the framework of the establishment of a Europe-wide network between the storage systems, the admissibility and the nature and extent of information services provided with those in the Business Register shall govern data stored in excess of the tasks connected with the management of the business register in accordance with this Act. In so far as regulations are made which touch on capital market law data, the legal regulation according to the first sentence is to be adopted by agreement with the Federal Ministry of Finance. The legal regulation referred to in the first sentence shall take due account of the legitimate interest of the undertakings in the exclusion of any appropriate use of the data stored in the register. Non-official table of contents

§ 9b European system of register networking; Regulation empowerment

(1) The entries in the commercial register and the documents submitted to the commercial register and the accounts of the accounts referred to in § 325 insofar as they concern capital companies or branches of companies which are the subject of the law of another Member State of the The European Union or any other Contracting State of the Agreement on the European Economic Area shall also be accessible via the European Judicial Portal. For this purpose, the national justice administrations shall transmit the data of the trade register and the operator of the business register shall transmit the data of the accounting documents to the central European platform referred to in Article 4a (1) of the Directive 2009 /101/EC of the European Parliament and of the Council of 16 September 2009 on the coordination of safeguards which, in the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty, with a view to ensuring that they are equivalent to those provisions. (1) 11), as last amended by Directive 2013 /24/EU (OJ L 268, 18.10.2013, p. 365), to the extent that the transmission is necessary for the opening of access to the original data via the search service on the website of the European Judicial Portal.(2) The register court in which the register sheet of a capital company or branch of a capital company within the meaning of the first sentence of paragraph 1 is conducted shall, on the exchange of information between the registers, take place via the central European Platform part. To this end, the capital companies and branches of capital companies within the meaning of the first sentence of paragraph 1 shall be assigned a single European identifier. In accordance with the following paragraphs, the Register Court shall transmit to the central European Platform the information on
1.
the registration of the opening, recruitment or cancellation of an insolvency proceeding concerning the assets of the company,
2.
the registration of the dissolution of the company and the registration on the conclusion of the Liquidation or liquidation or the continuation of the company,
3.
the deletion of the company as well as
4.
the effective application of a merger according to § 122a of the Transformation Act.
(3) The regional justice administrations determine the electronic information and communication system, on which the data are made available from the commercial register (paragraph 1) and are transmitted and received in the framework of the exchange of information between the registers (paragraph 2), and are subject to the responsibility of the operator of the The business register referred to in the second sentence of paragraph 1 shall be responsible for the handling of data traffic in accordance with paragraphs 1 and 2. Section 9 (1) sentences 3 to 5 shall apply accordingly.(4) The Federal Ministry of Justice and Consumer Protection is authorized to take the necessary provisions by means of a decree-law with the consent of the Federal Council about
1.
Structure, Mapping and Use of the Single European Identifier,
2.
the scope of the Obligation to provide information in the context of the exchange of information between the registers and the list of data to be transmitted,
3.
the details of the electronic system Data traffic referred to in paragraphs 1 and 2, including specifications on data formats and payment modalities, and
4.
the date of the first-time Data transfer.
Non-official table of contents

§ 10 Announcement of the entries

The court makes the entries in the Trade register in the electronic information and communication system determined by the regional justice administration in the chronological sequence of their registration according to days known; § 9 para. 1 sentence 4 and 5 applies accordingly. Unless a law prescries otherwise, the entries will be published in their entirety. Non-official table of contents

§ 11 Disclosure in the official language of a Member State of the European Union

(1) The trade register Documents to be submitted and the content of an entry may also be forwarded in any official language of a Member State of the European Union. The translations shall be indicated in an appropriate manner. § 9 shall be applicable accordingly.(2) In the event of the deviation of the original version from a translation submitted, the latter may not be held against a third party; however, the latter may rely on the translation submitted, unless the registered person proves that: the third party was aware of the original version. Non-official table of contents

§ 12 Registrations for registration and submissions

(1) Registrations for entry in the Commercial Register are electronically in a publicly certified form. The same form is required for a full power to register. The certificate of a notary may be filed in place of the power of attestation in accordance with § 21 (3) of the Bundesnotarordnung. The legal successor of a participant has to prove the legal succession through public documents as far as possible.(2) Documents shall be submitted electronically. Where a document or a simple copy is to be submitted or the document is in writing, the transmission of an electronic record is sufficient; is a notarised document or a publicly certified copy; , a document provided with a simple electronic certificate (§ 39a of the Beurkundungsgesetz) must be submitted. Non-official table of contents

§ 13 branches of companies based in Germany

(1) The establishment of a branch is from a Individual businessman or legal person in the court of principal place of business, of a commercial company in the court of the registered office of the company, stating the place and the domestic business address of the branch and of the branch office If the company of the branch is attached to the branch, to register for registration. In the same way, subsequent changes to the facts to be entered into the branch shall be notified.(2) The competent court shall bear the branch on the register sheet of the principal place of business or of the registered office, indicating the place and the domestic business address of the branch and of the supplement, if the firm of the branch A branch shall be attached, unless the branch has obviously not been established.(3) Paragraphs 1 and 2 shall apply mutagentily to the repeal of the branch. Non-tampering table of contents

§ § 13a to 13c (omitted)

unofficial table of contents

§ 13d seat or principal place of business abroad

(1) The principal place of business of a single businessman or legal person or the seat of a In the case of a commercial company abroad, all applications, submissions and entries relating to a domestic branch shall be made to the court in whose district the branch is composed.(2) The registration of the establishment of the branch shall also contain the place and the domestic business address of the branch; if an addition is attached to the company of the branch, it shall also be registered.(3) In other respects, applications, submissions, entries, notices and amendments shall be subject to the facts to be submitted by the branch of an individual businessman, a commercial company or a legal person, with the exception of: Limited liability companies, limited liability companies on shares and companies with limited liability, the provisions applicable to the principal branches or branches at the company's registered office, unless the foreign law is

Footnote

(+ + + § 13d: For application see Section 68 (1) VAG 2016 + + +) Non-official table of contents

§ 13e branches

(1) For branches of public limited liability companies and companies with limited liability with registered offices abroad, the following provisions shall apply in addition to § 13d.(2) The establishment of a branch of a joint-stock company shall be notified by the Management Board, the establishment of a branch of a limited liability company shall be notified by the managing directors for entry in the commercial register. In the case of registration, the existence of the company as such shall be proven. The application shall also contain a domestic business address and the subject matter of the branch. In addition, a person entitled to receive a declaration of intent and delivery to the company may be registered with a domestic address for registration in the commercial register; third parties shall be entitled to receive the right to receive them as until it has been deleted in the commercial register and the deletion has been made known, unless the lack of reception authorization was known to the third party. In the application, you must also specify
1.
the register where the company is run, and the the number of the register entry, provided that the law of the State in which the company has its registered office provides for registration of a register;
2.
the legal form of the Company;
3.
the persons empowered to act as permanent representatives for the activities of the branch of the company in court and out of court. , by giving its powers;
4.
if the company does not have the right of a Member State of the European Union or of another Contracting State of the (
)
persons referred to in paragraph 2, sentence 5, point 3 shall have any change in such persons or the power of representation of one of these persons. To register a person for registration in the Commercial Register. For the legal representatives of the Company apply in relation to the branches § 76 para. 3 sentence 2 and 3 of the Stock Corporation Act as well as § 6 para. 2 sentence 2 and 3 of the Act concerning the companies with limited liability accordingly.(3a) Persons referred to in paragraph 2, sentence 5, point 3, as representatives of the company, may, under the domestic business address of the branch registered in the commercial register, issued the declarations of intent and be served in documents . Irrespective of this, the delivery and delivery may also take place under the registered address of the person entitled to receive the reception as referred to in the fourth sentence of paragraph 2.(4) The persons referred to in paragraph 2, sentence 5, point 3, or, if they are not registered, the legal representatives of the company shall have the opening or rejection of the opening of insolvency proceedings or similar proceedings in respect of the Assets of the company to be entered in the Commercial Register.(5) In order to establish a company with a number of branches within the country, the articles of association or the social contract and any changes to them shall only be submitted to the commercial register of one of these branches, at the choice of the company. In this case, the first sentence of paragraph 2 shall be subject to the registration of the registration in the trade registers of the other branches, which register has chosen the company and the number of the registered office shall be entered in the register. is.(6) The Land Justice Administrations shall ensure that the data of a capital company established abroad, which are received under the European System of Register Networking (§ 9b), shall be forwarded to the Register Court, which shall be responsible for: the national branch of that company.

footnote

(+ + + § 13e: For application see § 68 para. 1 VAG 2016 + + +) Non-official Table of contents

§ 13f branches of public limited companies with registered offices abroad

(1) For branches of public limited liability companies with registered offices abroad, the following provisions apply.(2) The application is to be accompanied by a certified translation in German, if the statutes are not in German language, and if the statutes are not drawn up in German. The provisions of Section 37 (2) and (3) of the German Stock Corporation Act shall apply. Insofar as the foreign law does not require a derogation, the provisions of § 23 (3) and (4) as well as § § 24 and 25 sentence 2 of the German Stock Corporation Act (Stock Corporation Act) and the provisions of the Articles of Association on the composition of the Executive Board shall be included in the application. in the first two years following the registration of the company in the commercial register of its registered office, the information relating to the disclosures in accordance with § § 26 and 27 of the German Stock Corporation Act and the amount of the shares shall be issued as well as the name and place of residence of the founders. The notification shall be accompanied by the court notice issued for the registered office of the company.(3) The registration of the establishment of the branch shall also contain the information in accordance with section 39 of the German Stock Corporation Act and the information in accordance with § 13e (2) sentence 3 to 5.(4) Amendments to the articles of association of the foreign company shall be notified by the Management Board for entry in the Commercial Register. For the application, the provisions of § 181 (1) and (2) of the German Stock Corporation Act shall apply mutagenly, unless the foreign law makes any deviations necessary.(5) In addition, the provisions of § § 81, 263 sentence 1, § 266 (1) and (2), § 273 (1) sentence 1 of the German Stock Corporation Act (AktG) shall apply mutagenly, unless the foreign law makes any deviations necessary.(6) The provisions relating to their establishment shall apply mutagenly to the repeal of a branch.(7) The provisions relating to branches of public limited companies with registered offices abroad shall apply mutagenly to branches of limited limited liability companies in respect of shares with registered offices abroad, insofar as the provisions of Sections 278 to 290 of the The German Stock Corporation Act or the absence of a board of management does not yield anything else.

Footnote

(+ + + § 13f: For application see § 68 para. 1 VAG 2016 + + +) Non-official Table of contents

§ 13g branches of companies with limited liability with registered offices abroad

(1) For branches of companies with limited liability with registered offices abroad, the following shall apply in addition to the following: Regulations.(2) The application is the social contract in a certified copy and, if the social contract is not in German language, a certified translation into the German language. The provisions of Section 8 (1) (2) and (3) and (4) of the Act concerning limited liability companies are to be applied. If the establishment of the branch is declared in the commercial register of its registered office in the first two years following the registration of the company, the application shall also include those referred to in Article 5 (4) of the Act concerning companies. limited liability as far as the foreign law does not make any deviations necessary.(3) The registration of the establishment of the branch shall also contain the information in accordance with § 10 of the Act concerning companies with limited liability and the information in accordance with § 13e (2) sentence 3 to 5.(4) Changes to the social contract of the foreign company are to be registered by the managing directors for entry in the commercial register. For the application, the provisions of § 54 (1) and (2) of the Act concerning companies with limited liability apply mutagenly, insofar as the foreign law does not require deviations.(5) In addition, the provisions of § § 39, 65 (1) sentence 1, § 67 (1) and (2), section 74 (1) sentence 1 of the Act concerning companies with limited liability apply mutagenly, insofar as the foreign law does not require deviations.(6) The provisions relating to their establishment shall apply mutagenly to the repeal of a branch. Non-official table of contents

§ 13h Transfer of the seat of a head office domestically

(1) becomes the principal place of business of a single businessman or if a legal person or the registered office of a commercial company is transferred domestiy, the transfer shall be notified to the court of the former principal place of establishment or of the previous seat.(2) Where the principal place of business or the seat is transferred from the district of the court of the principal place of business to date or the previous seat, it shall immediately, on its own initiative, transfer it to the court of the new principal place of business or to the new Seat to be notified. The notification shall be accompanied by the entries for the principal place of business to date or the seat to date, as well as the documents held by the court responsible to date. The court of the new principal place of establishment or the new seat shall have to examine whether the principal place of business or the seat is laid down properly and paragraph 30 is complied with. If this is the case, the transfer shall be entered and the entries notified to it shall be transferred to its commercial register without further examination. The registration shall be notified to the court of the principal place of business so far or of the previous seat. This has to be carried out by the Office on the grounds of its own motion.3. Where the principal place of establishment or the seat is transferred to another place within the district of the court of the principal place of establishment to date or the previous seat, the court shall examine whether the principal place of establishment or the seat is duly completed. shall be laid down and § 30 shall be respected. If this is the case, the transfer shall be carried out. Non-official table of contents

§ 14

Any person who does not comply with his or her obligation to register or to submit documents to the commercial register shall be to be held by the register court by the fixing of periodic penalty payments. The individual penalty payment may not exceed the amount of five thousand euros. Non-official table of contents

§ 15

(1) As long as a fact to be entered in the trade register is not registered and published, it may shall not be opposed to a third party by the person in whose affairs it was to be entered, unless it was known to him.(2) Where the fact has been registered and published, a third party shall have to apply it against them. This shall not apply in the case of legal acts which are made within 15 days of the contract notice, provided that the third party proves that he neither knew nor had to know the fact.(3) If a fact to be considered is not properly disclosed, a third party may rely on the fact that the fact was made known to the person in whose affairs the fact was to be entered, unless he knew the incorrectness.(4) For the purpose of commercial transactions with a branch of a company having its registered office or principal place of business registered in the commercial register, the registration and publication by the court of law shall be the Branch decisive. Non-official table of contents

§ 15a Public service

Is with a legal person who is responsible for registering a domestic business address to the commercial register, the access to a declaration of intent is not under the registered address or a address entered in the commercial register of a person entitled to receive the declaration or of a person without an investigation other domestic addresses may be delivered in accordance with the rules of the Code of Civil Procedure applicable to the public service. The district court in whose district the registered domestic business address of the company is located is responsible. Section 132 of the Civil Code remains unaffected. Non-official table of contents

§ 16

(1) If a final or enforceable decision of the process court is to be taken, the obligation to Participation in an application to the Commercial Register or a legal relationship in respect of which an entry has to be made, against one of more than one of the parties involved in the acceptance of the application, shall be sufficient to register the application of the other interested parties. If the decision on which the registration has been made is cancelled, this shall be entered in the commercial register at the request of one of the parties concerned.(2) If the acceptance of an entry is declared inadmissible by a legally binding or enforceable decision of the court of proceedings, the registration shall not be against the opposition of the person who has obtained the decision. name="BJNR002190897BJNG002400300 " />

Third Section
Trade Company

Non-Official Table of Contents

§ 17

(1) The Company of a Kaufmann's name is the name under which he runs his business and gives out his signature.(2) A businessman can sue and be sued under his company. Non-official table of contents

§ 18

(1) The company must be able to identify the merchant and have a distinguishing power.(2) The Company shall not contain any information which is likely to mislead on business conditions which are essential to the transport prices referred to. In the proceedings before the register court, the suitability for misleading is only taken into account when it is apparent. Non-official table of contents

§ 19

(1) The company must, even if it continues in accordance with § § 21, 22, 24 or in accordance with other statutory provisions , are included:
1.
for individual merchants the name "registered merchant", " registered Kauffrau "or a generally understandable abbreviation of this designation, in particular" e.K.", "e.Kfm." or "e.Kfr.";
2.
for an open trading company, the term "open trading company" or a generally understandable abbreviation of this Description;
3.
for a limited partnership, the term "Kommanditgesellschaft" or a generally understandable abbreviation of this name.
(2) in an open trading company or a limited partnership, no natural person is personally liable, the company must, even if it is continued in accordance with § § 21, 22, 24 or other legal provisions, contain a name, which characterizes the limitation of liability. Nonofficial table of contents

§ 20

- unofficial Table of contents

§ 21

If the name of the business owner or a shareholder contained in the company is changed without any change to the person, the previous company can be continued. Non-official table of contents

§ 22

(1) Anyone who acquires an existing trading business in the living or in death shall be entitled to the business of the to the previous company, even if it contains the name of the previous business owner, with or without the addition of an additional additive which gives the successor relationship, if the previous business owner or his heirs to the continuation of the company expressly consent.(2) Where a commercial transaction is adopted on the basis of a consumption, a lease or a similar relationship, those provisions shall apply mutatily. Non-official table of contents

§ 23

The company cannot be divaged without the trading business for which it is run. Non-official table of contents

§ 24

(1) If someone is admitted to an existing trading business as a shareholder, or if a new one enters into an existing trading business, If a shareholder is a member of a trading company or is a member of a commercial company, the previous company may continue, even if it is the name of the previous business owner or the name of the company, regardless of the change. Sociosians.(2) In the event of the departure of a shareholder whose name is included in the company, the company must continue with the express consent of the shareholder or his heirs. Non-official table of contents

§ 25

(1) Any person who has acquired a trading business under the previous company with or without the addition of an existing company The successor relationship shall continue to be held liable for all liabilities of the former owner, which are based on the business of the business. The claims based on the holding shall be deemed to have been transferred to the debtors as against the transferee, if the previous holder or his heirs have given weight to the continuation of the firm.(2) A deviating agreement shall be effective against a third party only if it has been registered and disclosed in the commercial register or has been communicated to the third party by the transferee or the transferor.(3) If the company is not continued, the acquirer of a commercial transaction shall be liable for the prior commercial liabilities only if there is a specific commitment reason, in particular where the assumption of liabilities is in the normal trading conditions. Wise of the acquirer has been made known. Non-official table of contents

§ 26

(1) If the acquirer of the trading business is due to the continuation of the company or on the basis of the provisions of section 25 (3) , the former business owner shall be liable for such liabilities only if it is due for a period of five years prior to the expiry of the term of office of the former business and shall be liable for claims against him in accordance with Section 197 (1) (3) of the German Commercial Code. up to 5 of the Civil Code, or to a judicial or administrative enforcement act, or to a request; in the case of public-law liabilities, the adoption of an administrative act is sufficient. In the case of section 25 (1), the period begins with the end of the day on which the new owner of the company is entered in the commercial register of the court of the principal place of business, in the case of section 25 (3) with the end of the day on which the takeover shall be made known. § § 204, 206, 210, 211 and 212 (2) and (3) of the Civil Code, which apply to the limitation period, must be applied accordingly.(2) A determination in a kind referred to in § 197 (1) (3) to (5) of the Civil Code does not need to be established in so far as the former business owner has acknowledged the claim in writing. Non-official table of contents

§ 27

(1) If a trading business belonging to a remission is continued by the heir, the liability of the Inherit the provisions of § 25 for previous business liabilities.(2) The unlimited liability in accordance with Section 25 (1) does not occur if the continuation of the business is set before the expiration of three months after the date in which the heir has gained knowledge of the seizance of the inheritance. The provisions of Section 210 of the Civil Code, which apply to the limitation period, shall be applicable to the course of the limitation period. If, in the course of the three-month period, the right to discharge the inheritance is not yet lost, the time limit shall not be terminated before the expiry of the time limit for the withdrawal. Non-official table of contents

§ 28

(1) If someone is acting as a personally liable partner or as a partner in the business of a single businessman , the company shall be liable, even if it does not continue the former company, for all the liabilities of the former business owner incurred in the operation of the transaction. The receivings based on the holding have been considered by the debtors to be transferred to the company.(2) A deviating agreement shall be effective against a third party only if it is entered and disclosed in the commercial register or has been communicated to the third party by a shareholder.(3) If the former business owner is a commercial partner and the company is liable for the liabilities incurred in the operation of his business, then for the limitation of his liability § 26 shall be applied mutatis-ly with the proviso that the provisions of § 26 (1) a certain period begins at the end of the day on which the company is entered in the commercial register. This shall also apply if he/she is acting in the company or in a company that is a shareholder of a company. His liability as a limited liability shall remain unaffected. Non-official table of contents

§ 29

Each merchant is obligated to, his company, the place and the domestic business address of his A commercial establishment in the court in whose district the branch is located to register for registration in the commercial register. Non-official table of contents

§ 30

(1) Each new company must be in the same place, or in the same municipality, and in the same place Trade registers or firms registered in the register of cooperatives.(2) If a merchant with an already registered merchant has the same first name and the same surname and wishes to use his name as his company, he must attach to the company an addition by which it is already from the already registered company clearly.(3) If there is already an identical registered company in the place or municipality where a branch is established, the company must be accompanied by an addition corresponding to the provisions of paragraph 2 for the branch.(4) The State Governments may determine that neighbouring towns or municipalities shall be considered as a place or municipality within the meaning of those provisions. Unofficial table of contents

§ 31

(1) A change to the company or its owner, the transfer of the site to another location, and the Amendment of the domestic business address is to be registered in the Commercial Register in accordance with the provisions of § 29 for registration.(2) The same shall apply if the company is erasable. If the declaration of the erasure of a registered company cannot be effected on the basis of the provisions referred to in § 14, the court has to register the deletion of its own motion. Non-official table of contents

§ 32

(1) If the insolvency proceedings are opened on the property of a merchant, this shall be ex offited by the Trade register. The same is true for
1.
the repeal of the opening decision,
2.
the order of a provisional insolvency administrator, if in addition to the debtor a general prohibition of disposal is imposed or ordered, that the debtor's orders are only with the consent of the provisional insolvency administrator is effective, and the cancellation of such a security measure,
3.
the arrangement of the self-administration by the Debtors and their cancellation, as well as the arrangement of the consent of certain legal transactions of the debtor,
4.
the cessation and cancellation of the debtor's Procedures and
5.
Monitoring the performance of an insolvency plan and the repeal of the supervision.
(2) The entries are not made known. The provisions of § 15 shall not apply. Non-official table of contents

§ 33

(1) A legal person whose entry into the commercial register is subject to consideration for the subject matter or to the The nature and scope of the business must be registered by all members of the Management Board for registration.(2) The application shall be accompanied by the statutes of the legal person and the documents relating to the appointment of the board of directors in a original copy or in a certified copy thereof; it shall also indicate the representative power of the members of the Board of Management. In the case of registration, the company and the registered office of the legal person shall be the subject of the undertaking, the members of the Executive Board and their representative power. Special provisions of the Articles of Association for the period of time of the company shall also be entered.(3) The establishment of a branch shall be notified by the Management Board.(4) For legal persons within the meaning of paragraph 1, the provision of section 37a shall apply accordingly. Non-official table of contents

§ 34

(1) Any change to the facts or the statutes to be entered in accordance with section 33 (2) sentence 2 and 3, the resolution of the legal person, if it is not the result of the opening of the insolvency proceedings, and the persons of the liquidators, their representative power, any change of liquidators and any modification of their power of representation are to be registered in the Register of trade registers.(2) In the event of the registration of an amendment to the Articles of Association, unless the amendment relates to the particulars referred to in § 33 (2) sentence 2 and 3, the reference to the documents filed with the court of law shall be taken as a reference to the amendment.(3) The notification shall be made by the Management Board or, if the registration is not to be made until after the first liquidators have been notified, by the liquidators.(4) The registration of court-appointed members of the Management Board or liquidators shall be effected ex office.(5) In the case of insolvency proceedings, the provisions of § 32 apply. unofficial table of contents

§ 35 (omitted)

- unofficial Table of Contents

§ 36

(omitted) unofficial table of contents

§ 37

(1) who does not comply with the requirements of this section used company, is to be held by the register court for the omission of the use of the company by the establishment of order money.(2) Anyone who is injured in his rights by the fact that another company uses an unauthorized company may require that the company's use of the company be omitted. A claim for damages based on other provisions shall remain unaffected. Non-official table of contents

§ 37a

(1) On all merchant's business letters, the form that is directed to a particular recipient , the name of his company, the name in accordance with section 19 (1) No. 1, the place of his commercial establishment, the register court and the number under which the company is registered in the commercial register must be indicated.(2) The information referred to in paragraph 1 shall not be required in the case of communications or reports which are carried out within the framework of an existing business relationship and for which forms are normally used, in which only the specific cases required in each individual case are used. Data need to be inserted.(3) Order notes shall be deemed to be business letters within the meaning of paragraph 1. Paragraph 2 shall not apply to them.(4) If he does not comply with his obligation under paragraph 1, he shall be held by the register court by fixing the penalty payment. § 14 Sentence 2 applies accordingly.

Fourth Section
Commercial Books

Non-official Table of Contents

§ § 38 to 47b (omitted)

Fifth section
Prokura and action enforcability

unofficial table of contents

§ 48

(1) Prokura can only be granted by the owner of the trading business or its legal representative and only by means of an express declaration.(2) The grant may be granted to several persons in a communal form (total prokura). Non-official table of contents

§ 49

(1) Prokura authorizes all kinds of judicial and extrajudicial transactions and legal acts that involves the operation of a commercial business.(2) For the sale and loading of land, the procurer is authorized only if this power is granted to him in particular. Unofficial table of contents

§ 50

(1) A limitation of the scope of the Prokura is not effective for third parties.(2) This applies in particular to the restriction that the Prokura should be exercised only for certain transactions or certain types of business, or only under certain circumstances or for a certain amount of time or in individual places.(3) A restriction of the Prokura to the operation of one of several branches of the business owner is only effective in relation to third parties if the branches are operated under different companies. A diversity of firms within the meaning of this provision is also justified by the addition of an addition to a branch of the firm which it refers to as a branch of the branch. Non-official table of contents

§ 51

The Prokurist has to draw the name of his name with an addition to the Prokura. Adds. Non-official table of contents

§ 52

(1) The Prokura is at any time revocable without regard to the legal relationship on which the issue is based, without prejudice to the right to the contractual remuneration.(2) The Prokura is not transferable.(3) The Prokura shall not be erraged by the death of the holder of the commercial business. Non-official table of contents

§ 53

(1) Prokura is granted by the owner of the trading business for entry in the commercial register log in. If the Prokura is given as a complete prokura, it must also be registered for registration.(2) The erasing of the Prokura shall be notified in the same way as the grant for registration. Non-official table of contents

§ 54

(1) If a person is not granted the Prokura to operate a commercial business or to receive a specific one, to a trading business or to the holding of individual transactions belonging to a trading business, the power of authority (power of action) shall cover all transactions and acts relating to the operation of a commercial transaction; of such commercial trades or the taking of such transactions.(2) For the sale or loading of land, for the purpose of the commission of interchangeable liabilities, for the acceptance of loans and for the conduct of the proceedings, the authorized representative shall only be authorized if such a power is granted to him.(3) Other restrictions on the power to act requires a third party to be subject only to himself if he had known or had to know it. Non-official table of contents

§ 55

(1) The provisions of § 54 shall also apply to agents who are agents or who are agents of the trade. They are responsible for concluding transactions on the behalf of the principal outside the establishment of the principal.(2) The power of attorney granted to them for the conclusion of transactions does not authorize them to amend concluded contracts, in particular to grant payment periods.(3) For the acceptance of payments, they shall be entitled only if they are authorised to do so.(4) You are deemed to be authorized to display defects in a product, the declaration that a product is made available, and similar statements by which a third party asserts its rights from defective performance or reserves it, They may take the rights granted to the entrepre (principal) in order to secure the proof of proof. Non-official table of contents

§ 56

Anyone who is employed in a store or in an open warehouse is deemed to be authorized to sell and Reception facilities that usually happen in such a store or warehouse. Non-official table of contents

§ 57

The acting agent has to abstain from the drawing of each additive which is a prokura; he has: with an addition to which the full-duty ratio is expressed. Non-official table of contents

§ 58

The agency's authorized agent can act on his or her acting authority without the consent of the owner of the trading business.

Sixth Section
Action Tools and Acting Apprentices

unofficial table of contents

§ 59

Anyone who is employed in a trading business for the benefit of commercial services for remuneration (acting aid), has, if not special agreements, the nature and extent of its services or the remuneration to which it is entitled to perform the services corresponding to the use of the place of business and to claim the remuneration corresponding to the use of the place of business. In the absence of a local use, the circumstances are deemed to have been agreed upon in accordance with the circumstances. Non-official table of contents

§ 60

(1) The action assistance may not operate a trade or trade business without the consent of the principal, nor in the The commercial branch of the principal for own or foreign invoice doing business.(2) The consent to the operation of a commercial business shall be deemed to have been granted if the principal in the employment of the secret service is known to operate the business and the principal does not expressly agree to the task of the establishment. Non-official table of contents

§ 61

(1) If the action aid is last subject to the obligation laid down in § 60, the principal for damages can be Demand; he may, instead, require that the action aid shall be deemed to have been received for the purposes of its own account as having been received for the account of the principal, and that the remuneration paid out of transactions for foreign account shall be removed or its remuneration shall be Entitlement to remuneration shall be subject to the payment.(2) The claims shall apply in three months from the date in which the principal would have to obtain knowledge of the conclusion of the transaction or obtain it without gross negligence; without regard to this knowledge or gross negligence, the claims shall be obtained. negligent ignorance in five years from the conclusion of the business. Non-official table of contents

§ 62

(1) The principal is bound to the business premises and to the devices intended for the business operation, and to set up and maintain equipment in such a way as to regulate the operation of the business and the working time in such a way as to protect, in so far as the nature of the holding is permitted, the action to be taken against the risk to his health, and to Maintenance of good customs and decency is secured.(2) If the action aid is included in the domestic community, the principal in the sight of the living room and bedroom, the catering and the working and recovery time shall meet those facilities and arrangements, which shall be Consideration of the health, morality and religion of the action will be necessary.(3) In the event that the principal does not fulfil the obligations incumbable in the event of the life and health of the action, the provisions of § § 842 bis (§ § 842 bis) shall apply to his obligation to provide compensation for damages. 846 of the Civil Code.(4) The obligations of the principal hereunder may not be repealed or limited in advance by contract. Nonofficial table of contents

§ 63

- unofficial Table of contents

§ 64

The payment of the salary to be paid to the action is to be made at the end of each month. An agreement under which payment of the salary is to be made later shall be void. Non-official table of contents

§ 65

It is a case that the action aid for the transactions that it closes or mediates on is a commission , the provisions of Section 87 (1) and (3) and § § 87a to 87c shall apply to the commercial agents. Nonofficial table of contents

§ § 66 to 72 ----

unofficial Table of Contents

§ 73

(omitted) Unofficial table of contents

§ 74

(1) An agreement between the principals and the Action aids, which restrict the remuneration for the time after the termination of the service in his commercial activity (prohibition of competition), require the written form and the handing out of one signed by the principal, the agreed Provisions containing provisions on the secret aids.(2) The prohibition of competition shall be binding only if the principal is obliged to pay for the duration of the prohibition a compensation which, for each year of the prohibition, is at least half of those covered by the action. contractual services. Unofficial table of contents

§ 74a

(1) The non-compete obligation is not binding in so far as it does not protect a legitimate business Interest of the principal serves. It shall also be non-binding in so far as, taking into account the compensation granted by the place, time or object, it contains an undue diversion of the progress of the aid. The ban may not be extended to a period of more than two years from termination of the service.(2) The prohibition shall be void if the aid is of a minor age at the time of the conclusion or if the principal can promise to be fulfilled on the basis of an honorary word or under similar insurance. The agreement whereby a third party takes over the obligation, in place of the assistant, shall also be void, that the aid will be limited in its commercial activity after termination of the service.(3) The provisions of Section 138 of the Civil Code on the invalidity of legal transactions that violate the good morals remain untouched. Non-official table of contents

§ 74b

(1) The compensation to be granted pursuant to section 74, paragraph 2, to the agents for action is to be paid at the end of each month.(2) In so far as the contractual services to which the agents are entitled are in commission or in other changing references, they shall be taken into account in the calculation of the compensation on the basis of the average of the last three years. If the contract provision governing the remuneration of the termination of the service has not yet passed three years, the approach shall be based on the average of the period for which the provision was in force.(3) In so far as compensation is to be provided for the replacement of special outlays which arise as a result of the service, they shall remain out of approach. Non-official table of contents

§ 74c

(1) The action aid must be calculated on the basis of the compensation due, which it is responsible for during the period, for that the compensation is paid, acquires or acquires maliciously by the other use of his or her labour force, to the extent that the compensation, with due account of that amount, amounts to the amount of the contractual obligations which he/she has received in the last Benefits of more than one tenth would be exceeded. If the aid was compelled by the non-compete obligation to relocate, the amount of one-tenth of the amount shall be replaced by a quarter. For the duration of the deprivation of a custodial sentence, the assistant may not demand compensation.(2) The assistant is obliged to provide information to the principal on the request of the amount of his purchase. Non-official table of contents

§ 75

(1) Loan of assistance the service in accordance with the regulations of § § 70 and 71 of conduct contrary to the contract. of the principal, the non-compete obligation shall be ineffective if, before the expiry of a month after the termination of the contract, the aid is declared in writing that it does not respect the agreement.(2) In the same way, the non-compete obligation shall be ineffective if the principal terminates the service, unless there is a significant cause for termination in the person of the secret service or if the principal is ready to terminate the contract. Declares that, during the duration of the restriction, the person concerned shall be granted the full, most recent contractual services relating to him/her. In the latter case, the provisions of Section 74b shall apply.(3) In accordance with the provisions of § § 70 and 72 of the Code of Conduct, the remuneration of the principal is not entitled to compensation.

Footnote

(German) 1 italic print: Vgl. Footnote to § § 66 bis 72; cf. now § 626 BGB gem. Art. 6 (5) G v. 14.8.1969 I 1106
para. 3: Violates according to the judgment of the BAG v. 23.2.1977 against Art. 3 GG u. is therefore void, BAGE 29, 30; italics see Footnote to § 75 para. 1 italic print unofficial table of contents

§ 75a

The principal can be found before the Termination of the service by written declaration on the non-compete obligation to waive the effect that it will be free with the expiry of a year since the declaration of the obligation to pay the compensation. unofficial table of contents

§ 75b

(omitted) unofficial Table of contents

§ 75c

(1) If the action aid has been promised a penalty in the event that it does not fulfil the obligation assumed in the agreement, the principal may only be entitled to a penalty in accordance with the provisions of § 340 of the Civil Code. The provisions of the Civil Code concerning the reduction of a disproportionately high contractual penalty shall remain unaffected.(2) If the liability of the agreement is not contingent upon the principle of payment of compensation to the agents, the principal may, if the assistance is a penalty of the kind referred to in paragraph 1, be entitled to the payment of compensation. , the right to performance or to the replacement of any further damage shall be excluded. Non-tampering table of contents

§ 75d

An agreement that is subject to the regulations of § § 74 to 75c to the detriment of the action is dismissed, the principal cannot be called. This also applies to agreements which are intended to circumvent the statutory provisions on the minimum level of compensation through settlement or other means. Nonofficial table of contents

§ 75e

- unofficial Table of contents

§ 75f

In the case of an agreement by which a principal is obliged to another principal, an act of action which is or has been in the service, not or only under certain conditions. The two parts of the resignation shall be free of any conditions. No action or objection shall be taken from the agreement. Non-official table of contents

§ 75g

§ 55 (4) also applies to an action person who is responsible for doing so, outside the establishment of the principal for to communicate this business. A limitation of these rights requires a third party to apply only if he knew or had to know them. Non-official table of contents

§ 75h

(1) Has an action aid that only deals with the placement of stores outside of the principal , where a transaction is entrusted in the name of the principal and the third party has not been aware of the lack of representation, the business shall be deemed to have been approved by the principal if it does not immediately inform the third party of the transaction; , after having been notified by the action person or the third party about conclusion and essential content.(2) The same shall apply where an action aid entrusted with the conclusion of transactions has concluded a business in the name of the principal whose conclusion he is not authorized to conclude. unofficial table of contents

§ § 76 to 82 ----

unofficial Table of contents

§ 82a

Competition bans on persons who, without being accepted as apprentices, are employed free of charge with commercial services for the purpose of their training (Volontäre), find the for The rules applicable to action shall be applied in so far as they do not refer to the remuneration to which the person concerned is responsible. Non-official table of contents

§ 83

With regard to the persons who do other than commercial services in the operation of a commercial business, apply to the rules applicable to the work relationship of these people.

Seventh Section
Trade Representative

Non-official table of contents

§ 84

(1) Commercial representative is who as a self-employed trader is constantly charged with doing business for another entreprenter (entreprent) or to complete it on its behalf. It is self-employed who can essentially free up his or her work and determine his working time.(2) Anyone who, without being a self-employed person within the meaning of paragraph 1, is constantly charged with conveying business to an entreptite or concluding his/her name shall be deemed to be an employee.(3) The trader may also be a commercial agent.(4) The provisions of this section shall also apply if the company of the commercial agent does not require a commercial operation established in a commercial manner in accordance with the nature or scope of the transaction. Non-official table of contents

§ 85

Each part may require that the contents of the contract and subsequent agreements to the contract be entered into a The document shall be included in the document. This claim cannot be excluded. Non-official table of contents

§ 86

(1) The commercial agent has to make an effort to impart or conclude business; in doing so, it has the Interest of the entrepre.(2) He shall give the trader the necessary messages, including him from any business mediation and from any business conclusion without delay.(3) He shall carry out his duties with the care of a prudent businessman.(4) Agreements deviating from paragraphs 1 and 2 shall be ineffective. Non-official table of contents

§ 86a

(1) The trader has the documents required to carry out his business, such as: To make available samples, drawings, price lists, advertising material, terms and conditions.(2) The trader shall provide the commercial agent with the necessary messages. He shall immediately inform him of the acceptance or rejection of a transaction brokered by the commercial agent or completed without a power of representation, and the non-execution of a transaction brokered or concluded by him. He shall inform him immediately if he/she is likely to be able to conclude transactions only to a considerably lesser extent than the commercial agent could expect in the ordinary circumstances.Agreements other than those referred to in paragraphs 1 and 2 shall be ineffective. Non-official table of contents

§ 86b

(1) commits a commercial representative to stand up for the fulfillment of the liability from a store, it may be subject to a special remuneration (delcreation commission); the claim cannot be ruled out in advance. The obligation may be accepted only for a particular transaction or for such transactions with certain third parties that the commercial agent conveys or terminates. The acquisition requires the written form.(2) The right to the Delcrederecommission shall be established with the conclusion of the business.(3) Paragraph 1 shall not apply if the trader or the third party has its establishment or in the absence of such a place of residence abroad. Furthermore, it shall not apply to transactions which the commercial agent is authorized to conclude and execute without restriction. Non-official table of contents

§ 87

(1) The commercial agent is entitled to commission for all of the contracts concluded during the contractual relationship Transactions that are due to his activity or are concluded with third parties which he has promoted as a customer for transactions of the same type. The commission shall not be entitled to a commission if and to the extent that the commission referred to in paragraph 3 is entitled to the commercial agent who has been expleted.(2) If the commercial agent is assigned a specific district or customer group, he shall be entitled to commission also for the transactions which, without his participation, shall be assigned to persons of his district or to his client group during the Contract relationships have been completed. This shall not apply if and to the extent that the commission referred to in paragraph 3 is entitled to the commercial agent who has been expleted.(3) For a store that is completed only after the termination of the contractual relationship, the commercial agent shall be entitled to commission only if
1.
he has brokered the business or initiated it and prepared it so that the transaction is largely due to his activity, and the business within a reasonable period after termination of the contractual relationship has been completed or
2.
before the termination of the contractual relationship the offer of the third party to the conclusion of a transaction for which the commercial agent referred to in the first sentence of paragraph 1 or the second sentence of paragraph 2 is entitled to commission, to the commercial agent or to the trader.
The right to commission in accordance with the first sentence shall be the following: Commercial agents shall be pro rata pro rata if, due to special circumstances, a division of the commission of the equity corresponds.(4) In addition to the right to commission for completed transactions, the commercial agent shall be entitled to an inkassoprovision for the amounts received by him in accordance with the contract. Non-official table of contents

§ 87a

(1) The commercial agent is entitled to commission as soon as and as far as the business owner has run the business. A different agreement may be reached, but the commercial agent shall be entitled to an appropriate advance due to the execution of the business by the trader, which shall be due at the latest on the last day of the following month. However, regardless of any agreement, the commercial agent shall be entitled to commission as soon as and to the extent that the third party has executed the transaction.(2) If it is established that the third party does not provide, the right to commission shall not be required; amounts already received shall be returned.(3) The commercial agent shall also be entitled to a commission if it is established that the trader does not carry out, in whole or in part, the transaction or not, as has been concluded, in the manner that has been concluded. The claim shall not apply in the case of non-execution, if and to the extent that the latter is based on circumstances which are not to be represented by the contractor.(4) The right to commission shall be due on the last day of the month in which the claim is to be deducted from the claim under section 87c (1).(5) The first half-sentence of paragraph 2, paragraphs 3 and 4, agreements which are disadvantageous to the commercial agent shall be ineffective. Non-official table of contents

§ 87b

(1) If the amount of the commission is not determined, the usual rate shall be considered as agreed.(2) The commission shall be calculated on the basis of the remuneration to be paid by the third party or the entreponer. Reductions in cash payments shall not be deducted; the same shall apply to additional costs, namely for freight, packaging, customs, taxes, unless the additional costs are particularly charged to the third party. The turnover tax, which is shown separately in the invoice solely on the basis of the tax provisions, is not considered to be particularly charged.(3) In the case of use-of-use and service contracts of certain duration, the commission shall be charged for the duration of the contract. In the case of an indefinite duration, the commission shall be charged from the charge up to the point in time at which it is possible for the first time to terminate the contract by the third party; the commercial agent shall be entitled to further commissions calculated in accordance with the contract if the contract persists. Non-official table of contents

§ 87c

(1) The entreponent has to pay monthly on the commission to which the commercial agent is entitled to pay; the The accounting period may be extended to a maximum of three months. The settlement shall be settled immediately, at the latest by the end of the next month.(2) In the course of the settlement, the commercial agent may request a book extract of all transactions for which he is due in accordance with § 87 commission.(3) The commercial agent may also request notification of all circumstances which are essential for the claim, its due date and its calculation.(4) Where the statement of books is refused or where there are reasonable doubts as to the accuracy or completeness of the accounting or book extract, the commercial agent may require that, at the choice of the operator, either him or any of his or her own to determine the accuracy or completeness of the accounts or of the booklet, to determine whether the accounting officer or his/her other documents have been sworn in to the business or other documents. is required.(5) These rights of the commercial agent may not be excluded or limited. Non-official table of contents

§ 87d

The commercial agent can only replace the expenses incurred in the regular business operations. if this is commercially available. unofficial table of contents

§ 88

(omitted) unofficial Table of contents

§ 88a

(1) The sales representative cannot waive statutory retention rights in advance.(2) Upon termination of the contractual relationship, the commercial agent shall have a right of retention of the documents made available to him under general provisions (Section 86a (1)) only on account of his due claims on commission and Replacement of expenses. Non-official table of contents

§ 89

(1) If the contractual relationship has been received indefinitely, it may be in the first year of the contract period with a period of one month, in the second year with a period of two months and a period of three months in the third to fifth year. After a contract period of five years, the contractual relationship can be terminated with a deadline of six months. Termination is only allowed for the end of a calendar month, provided that no deviating agreement is reached.(2) The periods of notice referred to in the first and second sentences of paragraph 1 may be extended by agreement; the time limit may not be shorter for the operator than for the commercial agent. In the case of an agreement of a shorter time limit for the operator, the time limit agreed for the commercial agent shall apply.(3) A contractual relationship entered into for a certain period of time, which shall be continued from both parts after the expiry of the agreed term, shall be deemed to be extended for an indefinite period. The total duration of the contractual relationship shall be decisive for the determination of the periods of notice referred to in the first sentence of paragraph 1 and the second sentence. Non-official table of contents

§ 89a

(1) The contractual relationship may be terminated by any part of the contract for good reason without notice of notice. . This right cannot be excluded or restricted.(2) If the dismissal is caused by a conduct which the other part has to represent, it shall be obliged to compensate for the damage arising from the termination of the contractual relationship. Non-official table of contents

§ 89b

(1) The trader may take an appropriate account from the trader after the termination of the contract. Require compensation if and as far as
1.
the entreprenter from the business relationship with new customers, that the commercial agent has recruited, has significant benefits even after termination of the contractual relationship, and
2.
the payment of a compensation taking into account of all circumstances, in particular the commissions paid to the commercial agent from transactions with these customers, which corresponds to the equity.
The advertising of a new customer shall be the same if the commercial agent has the business relationship with has extended to a customer so much that this corresponds economically to the advertising of a new customer.(2) The balance shall not exceed a yearly vision or other annual remuneration calculated according to the average of the last five years of activity of the commercial agent; the average duration of the contractual relationship shall be the average during the period of the duration of the activity.(3) The claim shall not exist if
1.
the commercial agent has terminated the contractual relationship, it is because there has been a reasonable cause for action by the entreprent or the commercial agent cannot be allowed to continue his activity because of his age or illness, or
2.
the entreprender has terminated the contractual relationship and has for the termination an important reason due to culpable behavior of the commercial agent, or
3.
due to an agreement between the businessman and the commercial agent, a third party instead of the commercial agent enters into the contractual relationship; the agreement cannot be before the termination of the contractual relationship.
(4) The claim cannot be excluded in advance. It shall be asserted within one year of the termination of the contractual relationship.(5) Paragraphs 1, 3 and 4 shall apply to insurance representatives on the understanding that, in place of the business relationship with new customers who have recruited the commercial agent, the intermediary of new insurance contracts by the insurance representative If the insurance representative has extended an existing insurance contract to such an extent that it is economically responsible for the mediation of a new insurance contract, it shall be the same as the mediation of an insurance contract. . By way of derogation from paragraph 2, the compensation of the insurance representative shall not exceed three annual revisions or annual remuneration. The provisions of sentences 1 and 2 shall apply mutas to building savings bank representatives. Non-official table of contents

§ 90

The commercial agent shall be entitled to business and business secrets entrusted to it or as such by its To the extent that this would be contrary to the professional interests of a prudent businessman, he/she shall not be aware of any activity for the entrepellate, even after the termination of the contractual relationship or to inform others. Unofficial table of contents

§ 90a

(1) An agreement that the commercial agent after termination of the contractual relationship in its commercial In the event of a restriction of activity (contest agreement), the written form and the handing out of a document signed by the contractor and containing the agreed provisions shall be made to the commercial agent. The defamation may be made only for a maximum of two years from the termination of the contractual relationship; it may only extend to the district or customer circle assigned to the commercial agent and only to the articles in respect of which: the commercial agent shall endeavour to communicate or conclude transactions for the trader. The trader is obliged to pay the commercial agent a reasonable compensation for the duration of the restriction of competition.(2) The trader may waive the restriction of competition in writing until the end of the contractual relationship with the effect that he is free to pay the compensation with the expiry of six months from the declaration of the obligation to pay the compensation. .(3) In the event that part of the contract is terminated due to the culpable conduct of the other part, the contract may be cancelled by written declaration within one month after the notice of termination of the contract.(4) Deviating agreements for commercial agents may not be made. Non-official table of contents

§ 91

(1) § 55 also applies to a commercial agent who authorizes the conclusion of transactions by an entrepre is who is not a merchant.(2) A commercial agent shall be deemed to be authorized, even if he is not authorized to conclude any transaction, as authorized to indicate defects in a product, the declaration that a product is made available, and similar declarations by means of which a commercial agent shall be deemed to be entitled to To assert or reserve the right of a third party to assert his rights on the basis of poor performance and to assert the rights to which the trader is entitled to the proof of proof. A limitation of these rights requires a third party to apply only if he knew or had to know them. Non-official table of contents

§ 91a

(1) Has a store representative who is only responsible for brokering business operations on behalf of the If the operator is not aware of the lack of representative power, the business shall be deemed to have been approved by the trader if he does not immediately after he has received from the commercial agent or the third party on conclusion and has been notified to the third party against the transaction.(2) The same shall apply where a commercial agent entrusted with the conclusion of transactions has concluded a business on behalf of the entreprred person, at the end of which he is not authorized to conclude the transaction. Non-official table of contents

§ 92

(1) Insurance representative is who as a commercial agent is responsible for providing insurance contracts or complete.(2) The contractual relationship between the insurance agent and the insurer shall be subject to the contractual relationship between the commercial agent and the trader, subject to the provisions of paragraphs 3 and 4.(3) By way of derogation from § 87 (1) sentence 1, an insurance representative shall be entitled to commission only for transactions attributable to his activity. Section 87 (2) shall not apply to insurance representatives.(4) The insurance representative shall be entitled to commission (§ 87a (1)) as soon as the policyholder has paid the premium from which the commission is calculated on the basis of the contractual relationship.(5) The provisions of paragraphs 1 to 4 shall apply mutatily to building sparkasse representatives. Non-official table of contents

§ 92a

(1) For the contractual relationship of a commercial agent who is not contractually responsible for other business operators the Federal Ministry of Justice and Consumer Protection may, in agreement with the Federal Ministry for Economic Affairs and Energy, after consulting associations, may not be able to do so in accordance with the nature and scope of the activity required by the Federal Ministry of Justice and Consumer Protection the commercial agent and the trader by means of a regulation which does not require the consent of the Bundesrat, fix the lower limit of the contractor's contractual services in order to meet the necessary social and economic needs of these commercial agents or of a particular group of them. The fixed services cannot be excluded or limited by contract.(2) Paragraph 1 shall also apply to the contractual relationship of an insurance representative who, under a contract or several contracts, is responsible for providing or concluding transactions for a number of insurers who are part of an insurance group or to an organizational community existing between them, provided that the termination of the contractual relationship with one of these insurers, in doubt, also results in termination of the contractual relationship with the other insurers Would. In this case, by means of a regulation which does not require the consent of the Federal Council, it is also possible to determine whether the stipulated services are owed by all insurers as total debtors or as a proportion or only by one of the insurers. and how the compensation will be made among them. Non-official table of contents

§ 92b

(1) § § 89 and 89b are not to be applied to a commercial agent in the ancembering profession. If the contractual relationship has been received for an indefinite period, it may be terminated with a period of one month for the end of a calendar month; if a different period of notice is agreed, it shall be the same for both parts. The right to an appropriate advance pursuant to Section 87a (1) sentence 2 may be excluded.(2) In paragraph 1, only the trader who has expressly entrusted the commercial agent as a commercial agent in the secondary occupation with the mediation or the conclusion of transactions may be called upon to act.(3) Whether a commercial agent is acting only as a commercial agent in the secondary occupation shall be determined in accordance with the traffic fit.(4) The provisions of paragraphs 1 to 3 shall apply mutatily to insurance representatives and to building savings bank representatives. Non-official table of contents

§ 92c

(1) The commercial agent does not have to work for the trader under the contract within the territory of the The European Community or the other Contracting States to the Agreement on the European Economic Area may, with regard to all the provisions of this section, be otherwise agreed upon.(2) The same shall apply where the commercial agent is entrusted with the mediation or conclusion of transactions relating to the chartering, handling or equipping of ships or the reservation of passages on ships. name="BJNR002190897BJNG011700300 " />

Achter Section
Trade Broker

Non-tamtable Table of Contents

§ 93

(1) Who for other persons, without being permanently entrusted by them on the basis of a contractual relationship, the provision of contracts for the purchase or sale of goods or securities, insurance, the transport of goods, The rights and duties of a commercial agent shall be taken over by ship rental or other goods of commercial traffic.(2) In the event of the mediation of transactions other than those referred to above, in particular the mediation of transactions relating to immovable property, even if the mediation is carried out by a commercial broker, the provisions of this Section shall not apply. Application.(3) The provisions of this section shall also apply if the company of the commercial agent does not require a commercial operation established in a commercial manner in accordance with the nature or scope of the transaction. Non-official table of contents

§ 94

(1) The trading broker has, unless the parties do so, or the place of use has been taken into account by the parties. The genus of the goods shall, immediately after the conclusion of the business of each Party, release a final note signed by him, which shall include the parties, the object and the terms of the transaction, in particular in the case of sales of goods. or securities of which the nature and quantity of securities and the price and time of delivery are included.(2) In the case of transactions which are not to be fulfilled immediately, the final note shall be sent to the parties for their signature and each party shall send the final note signed by the other final note.(3) If a party refuses to accept or sign the final note, then the commercial agent shall immediately notify the other party of the latter. Non-official table of contents

§ 95

(1) If a party takes a final note in which the trading broker is the name of the other party , it shall be bound by the business with the party which is subsequently referred to as the party, unless there are grounds for objecting to these justified objections.(2) The name of the other party shall be given within the normal period of time, in the absence of such a term, within a reasonable period of time within one of the circumstances.(3) In the event that the term or against the designated person or company is subject to reasonable objections, the party shall be entitled to claim the commercial broker in order to comply with the business. The claim shall be excluded if the party does not immediately declare itself to the commercial agent's request as to whether or not to comply with the request. Non-official table of contents

§ 96

The trading broker has, unless the parties enact this or the place of use, the trading broker has to pay attention to the The genus of the goods shall be responsible for storing the sample from each of the goods sold by his transfer to the sample, if it is handed over to him, until such time as the goods have been accepted without objecting to their condition or the goods are sold in other Wise done. He has to make the sample recognizable by a sign. Non-official table of contents

§ 97

The trading broker is not deemed to be authorized to receive a payment or any other performance in the contract to take. Non-official table of contents

§ 98

The trading broker is liable to any of the two parties for the damage caused by its fault. Non-official table of contents

§ 99

If there is no agreement among the parties on who is to pay the brokerage wage, it is in the absence of a different places of use by each party at half. Non-official table of contents

§ 100

(1) The trading broker is obligated to keep a diary and in this all completed business daily shall be entered. The entries shall be effected after the time sequence; they shall contain the information referred to in § 94 (1). The registered person must be signed by the commercial broker on a daily basis or electronically signed in accordance with Section 126a (1) of the Civil Code.(2) The provisions of § § 239 and 257 concerning the establishment and retention of the trading books shall be applied to the diary of the commercial agent. Non-official table of contents

§ 101

The trading broker is obligated to give the parties, at any time on request, extracts from the diary, which shall be are signed to him and contain everything that is entered by him in the sight of the mediated business. Non-official table of contents

§ 102

In the course of a lawsuit, the court may also order the diary's consideration without the request of a party, to compare it with the final grade, excerctions or other evidence. Non-official table of contents

§ 103

(1) Contrary to the law, who acts as a trading broker
1.
intentionally or negligently interrupting a diary about the completed business, or the Diary in a way that contradicts § 100 (1) or
2.
destroys such a diary before the expiry of the legal retention period.
(2) The Unlawfulness can be punished with a fine of up to five thousand euros. Non-official table of contents

§ 104

The rules on persons who are responsible for brokering goods transactions in small-scale transport are subject to the following rules: Final notes and diaries no application. For people who take care of insurance or building savings contracts, the rules on diaries are not applicable.

Neunder section
BußMoney rules

Non-official table of contents

§ 104a BußMoney specification

(1) Contrary to the law, who intentionally or recklessly against § 8b (3) sentence 1 no. 2 the data referred to therein shall not be transmitted, not correctly or in full. The administrative offence can be punished with a fine of up to two hundred thousand euros.(2) The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) is the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences.

Second book
Commercial Societies and stilles Society

First section
Offene Handelsgesellschaft

First Title
Construction of the Company

Non-official table of contents

§ 105

(1) A company whose purpose is to operate a commercial business under a Community-owned company , is an open trading company if no liability is limited to any of the shareholders in respect of the company's creditors.(2) A company whose business operation is not already in accordance with Section 1 (2) of the trading industry or which manages only its own assets shall be open trading company if the company of the company is registered in the commercial register. § 2, sentences 2 and 3 shall apply accordingly.(3) The provisions of the Civil Code on Society shall apply to the open trading company, unless otherwise specified in this Section. Non-official table of contents

§ 106

(1) The company shall be registered with the court in whose district it has its registered office for registration in the Register of trade registers.(2) The login has to contain:
1.
the name, first name, date of birth, and place of residence of each Shareholder;
2.
the Company of the Company, the location where it is located, and the domestic business address;
3.
(omitted)
4.
the representative power of the shareholders.
Non-official table of contents

§ 107

If the company of a company is changed, the seat of the company will be transferred to another location, the domestic If a new shareholder enters into the company or changes the representative power of a shareholder, then this is also to be registered for registration in the commercial register. Non-official table of contents

§ 108

The registrations are to be made by all shareholders.

Second Title
Shareholders ' legal relationship among themselves

unofficial table of contents

§ 109

The legal relationship of the Shareholders are first of all governed by the social contract; the provisions of § § 110 to 122 shall apply only in so far as the social contract is not governed by another. Non-official table of contents

§ 110

(1) The shareholders ' power in the company matters is expenses which he or she may be subject to in accordance with the circumstances of , the company shall be obliged to replace, or suffer losses directly from its management or from risks inextricably linked to it, the company shall be obliged to replace it.(2) Money used has to be galvanized by the company from the time of the application. Non-official table of contents

§ 111

(1) A shareholder who does not pay his or her money deposit at the right time, or who has received a social allowance. shall not be delivered to the company at the right time or unauthorised from the company's fund shall be paid from the day on which the payment or the delivery should have been made or the withdrawal of the money.(2) The assertion of any further damage is not excluded. Non-official table of contents

§ 112

(1) A partner shall not be allowed to enter the trading branch of the company without the consent of the other members. Business is still taking part in another similar trading company as a personally liable partner.(2) The consent to participate in a different company shall be deemed to have been granted if the other shareholders are aware of the fact that the shareholder is a member of a company other than a person liable to be personally liable. , and, nevertheless, the task of this participation will not be expressly stated. Non-official table of contents

§ 113

(1) If a shareholder is not responsible for the obligation pursuant to § 112, the company may Claim damages; it may, in place of this, require the shareholder to have the transactions made for his own account as considered for the account of the company, and the remuneration paid out of transactions for foreign invoice He or she shall be entitled to pay or his entitlement to the remuneration.(2) The remaining members shall decide on the assertion of these claims.(3) The claims shall apply in three months from the date in which the other shareholders become aware of the conclusion of the business or of the participation of the shareholder in the other company or without gross negligence without regard to this knowledge or grossly negligent ignorance in five years from their creation.(4) The rights of the shareholders to demand the dissolution of the company shall not be affected by these provisions. Non-official table of contents

§ 114

(1) All shareholders are entitled and obligated to manage the business of the Company.(2) If in the social contract the management is transferred to a shareholder or to several shareholders, the remaining shareholders are excluded from the management. Non-official table of contents

§ 115

(1) If the management is responsible for all or several shareholders, each of them shall be acting alone however, if another managing partner does not object to an act, the act must not be taken.(2) If, in the social contract, it is determined that the shareholders to whom the management is entitled can only act together, it shall be necessary for each transaction to have the consent of all managing partners, unless there is a risk of default. is. Non-official table of contents

§ 116

(1) The power of management extends to all actions that the ordinary operation of the the commercial industry of the company.(2) In order to take action beyond that, a decision by all members is required.(3) The consent of all managing partners shall be required for the appointment of a prokurist, unless there is a risk of default. The revocation of the Prokura may be effected by any of the members who are authorized to issue or participate in the grant. Non-official table of contents

§ 117

The power of management may be exercised by a member at the request of the other members. A court decision is withdrawn if there is an important reason; such a reason is, in particular, a gross breach of duty or an inability to conduct a proper management. Non-official table of contents

§ 118

(1) A shareholder can, even if it is excluded from the management, from the matters of inform the company personally, consult the trading books and the documents of the company and make a balance sheet and an annual financial statement.(2) An agreement that is exclusive or restrictive of this right does not preclude the right to assert the right if there is reason to accept unredable management. Non-official table of contents

§ 119

(1) The decisions to be taken by the shareholders require the consent of all to participate in the Decision-making appointed partners.(2) If, in accordance with the social contract, the majority of votes has to be decided, the majority shall in doubt be calculated on the basis of the number of shareholders. Non-official table of contents

§ 120

(1) At the end of each fiscal year, the balance sheet of the profit or loss of the year is determined and for each shareholder, their share is calculated on the basis of this.(2) The profit to be paid to a shareholder shall be attributed to the share capital of the shareholder; the loss incurred by a shareholder as well as the money taken on the share of the capital during the financial year shall be written off by this. Non-official table of contents

§ 121

(1) The annual profit shall first of all give each shareholder a share equal to four of the hundred of his Part of the capital. If the annual profit is not sufficient for this purpose, the shares shall be determined in accordance with a correspondingly lower rate.(2) In the calculation of the profit share to be attributed to a shareholder in accordance with paragraph 1, benefits which the shareholder has made in the course of the financial year shall be calculated on the basis of the ratio of the time elapsed since the performance of the transaction. shall be considered. If, in the course of the financial year, the shareholder has collected money on its share of capital, the amounts taken shall be taken into account in accordance with the ratio of the time elapsed until the date of removal.(3) The part of the annual profit which exceeds the profit share to be calculated in accordance with paragraphs 1 and 2 and the loss of a financial year shall be distributed among the members by heads. Non-official table of contents

§ 122

(1) Each shareholder is entitled to cash from the company's fund up to the amount of four out of the hundred of his the share of the capital which was determined for the last financial year at its expense and, in so far as it is not sufficient to damage the company's apparent damage, also the payment of its share in the profit of the last financial year, which exceeds the amount specified Year.(2) In addition, a shareholder is not authorized to reduce its share of the capital without the consent of the other shareholders.

Third Title
Legal relationship of the shareholders to third parties

href= " ">
unofficial table of contents

§ 123

(1) The effectiveness of the open trading company occurs in relation to third parties at the time in which the company is entered in the commercial register.(2) If the company begins its business prior to registration, the effectiveness shall enter into effect with the date of commencement of the business, unless otherwise indicated in § 2 or § 105 (2).(3) An agreement that the company should first take its start at a later date is not effective in relation to third parties. Non-official table of contents

§ 124

(1) The open trading company can acquire rights under its company and enter liabilities, property and to acquire other rights in real estate, to sue and be sued in court.(2) An enforceable debt instrument directed against the company shall be required for the enforcement of the company's assets. Non-official table of contents

§ 125

(1) Each member is authorized to represent the company if it is not authorized by the The company contract is excluded from the representation.(2) In the social contract, it may be determined that all or more members should only be authorized to represent the company in the Community (total representation). The shareholders entitled to represent the general representation may authorize individual members to take certain transactions or certain types of transactions. If the company is to be given a declaration of intent, the levy shall be sufficient in relation to one of the shareholders who are authorized to participate in the representation.(3) In the social contract, it may be determined that the shareholders, if not more than one act together, should only be authorized in the Community with a procurist to represent the company. The provisions of the second and third sentences of paragraph 2 shall apply in this case.(4) (repealed) Non-official table of contents

§ 125a

(1) On all business letters of the company, whatever form it takes to a particular The legal form and the registered office of the company, the register court and the number under which the company is registered in the commercial register shall be declared. In the case of a company in which no member is a natural person, the companies of the company shall also be stated on the business letters of the company as well as for the members of the company according to § 35a of the law relating to the Companies with limited liability or § 80 of the German Stock Corporation Act (AktG) for business letters must provide the required information. The information provided for in the second sentence shall not be required if the shareholders of the company include an open trading company or a limited partnership, in which a personally liable partner is a natural person.(2) § 37a (2) and (3) for forms and order forms are to be applied in accordance with section 37a (4) for periodic penalty payments against the members authorised to represent the company or their representatives and the liquidators. Non-official table of contents

§ 126

(1) The shareholders ' representative power extends to all judicial and extrajudicial transactions. and legal acts, including the sale and loading of land, and the granting and withdrawal of a prokura.(2) A restriction on the extent of the power of representation is not effective in respect of third parties, in particular the restriction that the representation only extends to certain transactions or types of business or that they are only limited to certain types of transactions. circumstances, or for a certain amount of time, or at individual locations.(3) In the subject of the restriction to the operation of one of several branches of the company, the provisions of Section 50 (3) shall apply. Non-official table of contents

§ 127

The representative authority may, at the request of the other shareholders, by court Decisions are withdrawn if there is an important reason; such a reason is, in particular, a gross breach of duty or an inability to properly represent the company. Non-official table of contents

§ 128

The shareholders shall be liable for the liabilities of the company as a total debtor in person. A contrary agreement is not effective for third parties. Non-official table of contents

§ 129

(1) If a shareholder is used for a liability of the company, he or she may Objections which are not justified in his person shall only be claimed to the extent that they can be collected by the company.(2) The shareholder may refuse the satisfaction of the creditor as long as the company has the right to challenge the legal business which underlies its liability.(3) The shareholder shall have the same authority as long as the creditor can satisfy himself by offsetting against a due demand from the company.(4) Forced enforcement against the shareholders shall not take place from a enforceable debt instrument directed against the company. unofficial table of contents

§ 129a (omitted)

- unofficial table of contents

§ 130

(1) Anyone who enters an existing company shall be held liable to the other shareholders in accordance with § § 128 and 129 for the prior entry into the company the company's liabilities, without distinction as to whether or not the company has suffered a change.(2) An opposing agreement shall be ineffective in respect of third parties. Non-official table of contents

§ 130a

(1) After a company in which a shareholder is not a natural person, the In the event of an insolvency or an over-indebtedness, the representatives of the shareholders authorised to represent the company and the liquidators shall not be allowed to make any payments to the company. This shall not apply to payments which, even after that date, are compatible with the diligence of a prudent and conscientious business manager. The same applies to payments to shareholders, insofar as these have had to lead to the insolvency of the company, unless this was not recognizable even if the care referred to in sentence 2 was taken into account. The provisions of sentences 1 to 3 shall not apply where the shareholders of the open trading company belong to another open trading company or a limited partnership, in which a personally liable partner is a natural person.(2) If, contrary to Section 15a (1) of the Insolvency Code, the opening of the insolvency proceedings is not applied for or is not made in good time, or in violation of the second paragraph, payments are made, the organic representatives of the Society for the Representation of the Company the authorised members and the liquidators of the company shall be obliged to replace the resulting damage as a total debtor. If it is in dispute whether they have exercised the diligence of a prudent and conscientious business manager, it shall take the burden of proof. The replacement obligation cannot be restricted or excluded by agreement with the shareholders. In so far as the replacement is necessary for the satisfaction of the creditors of the company, the replacement obligation shall not be waiver either by waiving or comparing the company or by the fact that the act is based on a decision of the shareholders. Sentence 4 shall not apply if the substitute is insolvent and compares to the application of the insolvency proceedings with its creditors, or if the replacement obligation is settled in an insolvency plan. The claims arising from these regulations shall be in five years ' time.(3) These provisions shall apply mutatily if the organic representatives referred to in paragraphs 1 and 2 are, for their part, companies in respect of which no member is a natural person, or where the association of companies in that person is not a natural person. Mode of action. unofficial table of contents

§ 130b (omitted)

-

fourth title
resolution of the company and Shareholders leaving

unofficial table of contents

§ 131

(1) The open trading company is resolved:
1.
by the expiration of the time for which it has been received;
2.
by decision of the shareholders;
3.
through the opening of insolvency proceedings on the assets of the Company;
4.
by court decision.
(2) An open trading company where no personally liable partner is a natural person. , it is also resolved:
1.
with the legal force of the decision, which will open the Insolvency proceedings have been rejected due to lack of mass;
2.
by deletion due to lack of assets under Section 394 of the Act on the Procedure in Family Matters and in the affairs of the voluntary jurisdiction.
This does not apply if one of the personally liable partners belongs to another open-ended trading company or limited partnership, in which a personally liable partner is is a natural person.(3) The following reasons result in a lack of a different contractual provision for the departure of a shareholder:
1.
Death of the Shareholder,
2.
Opening of insolvency proceedings over the assets of the Shareholder,
3.
Shareholders ' Denunciation,
4.
Termination by the Proprietor's private creditor,
5.
Admission of other cases provided for in the Social Contract,
6.
Shareholders ' decision.
The shareholder is not responsible for the occurrence of the event, but in the event of termination, not before the expiry of the notice period. Unofficial table of contents

§ 132

The dismissal of a shareholder may, if the company has been received for an indefinite period of time, only for the It must take place at least six months before the end of the financial year.

footnote

(+ + + § 132: For non-application, see § 10 paragraph 5 KredWG + + +) unofficial table of contents

§ 133

(1) At the request of a shareholder, the dissolution of the company may be prior to the expiry of the time determined for its duration or for an indefinite period of time. Time received without termination by a court decision, if there is an important reason to do so.(2) Such a reason exists, in particular, if another partner violates an essential obligation to which he is subject in accordance with the social contract, intentionally or out of gross negligence, or if the performance of such a company is fulfilled. Obligation becomes impossible.(3) An agreement by which the right of the shareholder to demand the dissolution of the company is excluded or is contrary to these regulations is void.

footnote

(+ + + § 133: For non-application cf. Section 10 (5) KredWG + + +)
(+ + + § 133 para. 2: For application see § 161 (1) sentence 3 KAGB + + +) Non-official table of contents

§ 134

A company that is responsible for the lifetime of a shareholder has been received or continues to be tacitly continued after the expiry of the period of time determined for the duration thereof, shall be within the meaning of the provisions of § § 132 and 133 of a company received for an indefinite period same.

Footnote

(+ + + § 133: For non-application, see § 10 paragraph 5 KredWG + + +) Non-official table of contents

§ 135

Has a private creditor of a Shareholder, after a compulsory execution in the movable property of the shareholder has been attempted without success within the last six months, on the basis of a debtor not only provisionally enforceable, the seizure and transfer the right of the person to whom the shareholder is entitled in the dispute, he or she may, without regard to whether it has been received for a given or indefinite period, six months before the end of the financial year, shall be entitled to for this date.

Footnote

(+ + + § 135: For non-application, see § 10 para. 5 KredWG + + +) unofficial table of contents

§ § 136 to 138 (omitted)

Non-official table of contents

§ 139

(1) If a shareholder is killed, it is determined in the social contract that the If a company is to be continued with its heirs, any heir to the company may make it dependent on it that, while leaving the previous profit share, the position of a comeditist is granted to him and that he/she shall be entitled to falling part of the inlay of the deceased is recognized as his contribution to the commander.(2) If the other shareholders do not accept a request from the heir, he or she shall have the power to declare his departure from the company without having to comply with a notice period.(3) The designated rights may be asserted by the heir only within a period of three months from the date in which he became aware of the seizance of the inheritance. The provisions of Section 210 of the Civil Code, which apply to the limitation period, shall be applicable to the course of the limitation period. If, in the course of the three-month period, the right to discharge the inheritance is not yet lost, the time limit shall not be terminated before the expiry of the time limit for the withdrawal.(4) If within the time limit laid down in paragraph 3 of the heir's heritage divorces from the company or if within the period the company is dissolved or the heir has granted the position of a comeditist, he shall be liable for the until then Corporate debt only in accordance with the provisions of the civil law relating to the liability of the heir to the debts of the estate.(5) The social contract cannot exclude the application of the provisions of paragraphs 1 to 4; however, it may be in the event that the heir makes his remaining in the company dependent on the granting of the position of a comeditist Profit share is determined differently from that of the deceased. Non-official table of contents

§ 140

(1) A circumstance occurs in the person of a shareholder who, according to § 133, applies to the rest of the shareholders If it is justified to demand the dissolution of the company, the court may, instead of the dissolution, issue the exclusion of this shareholder from the company, provided that the other shareholders apply for this. The exclusive action shall not prevent the exclusion of only one shareholder after the exclusion.(2) For the dispute between the company and the excluded shareholder, the assets of the company shall be decisive at the time when the action for exclusion is levied. Non-official table of contents

§ § 141 and 142 (omitted)

unofficial table of contents

§ 143

(1) The dissolution of the company is to be registered by all shareholders for entry in the trade register. This does not apply in the cases of opening or rejecting the opening of insolvency proceedings on the assets of the company (Section 131 (1) (3) and (2) (1)). In such cases, the Court of First Instance shall have the resolution and its reason to be taken on its own account. In the event of the deletion of the company (§ 131 para. 2 no. 2), the registration of the dissolution is not required.(2) The first sentence of paragraph 1 shall apply in accordance with the withdrawal of a shareholder from the company.(3) If it is to be assumed that the death of a shareholder has resulted in the dissolution or withdrawal, the registration may also be effected without the heirs participating in the application, in so far as such participation is subject to special obstacles to the registration of the person. conflict. Non-official table of contents

§ 144

(1) If the company is dissolved by the opening of insolvency proceedings over its assets, the procedure shall be: , however, at the request of the debtor, or after the confirmation of an insolvency plan which provides for the continued existence of the company, the shareholders may decide to continue the company.(2) The continuation is to be registered by all shareholders for entry in the Commercial Register.

Fifth Title
Liquidation of the Company

A non-official table of contents

§ 145

(1) The liquidation takes place after the dissolution of the company, unless a different way of dealing with the shareholders agreed or on the assets of the company the insolvency proceedings shall be opened.(2) If the company is dissolved by cancellation of the creditor of a shareholder or by the opening of the insolvency proceedings on the assets of a shareholder, the liquidation may only be effected with the consent of the creditor or the creditor. Insolvency administrator; if self-administration is arranged in the insolvency proceedings, the consent of the debtor shall be replaced by the approval of the insolvency administrator.(3) If the company is dissolved by deletion on account of lack of assets, liquidation shall only take place if, after the deletion, it turns out that assets are present which are subject to the distribution. Non-official table of contents

§ 146

(1) The liquidation takes place, unless it is made by a decision of the shareholders or by the social contract individual members or other persons, by all members as liquidators. Several heirs of a shareholder have to appoint a joint representative.(2) At the request of a party, for important reasons, the appointment of liquidators may be made by the court in whose district the company has its registered office; in such a case, the court may appoint persons to liquidators who do not have the right to belong to the shareholders. In addition to the shareholders in the case of § 135, the creditor shall also be deemed to be the creditor by means of which the dismissal is effected. In the case of Section 145 (3), the liquidators shall be appointed by the court at the request of a party.(3) If the insolvency proceedings are opened over the assets of a shareholder and an insolvency administrator is appointed, the insolvency proceedings shall be replaced by the shareholder. Non-official table of contents

§ 147

The dismise of liquidators is done by a unanimous decision of the parties involved in accordance with section 146 (2) and (3); may also be made by the court at the request of a participant for important reasons.

footnote

(+ + + § 147: For application, see § 129 para. 2 sentence 2 KAGB u. Section 154 (2) (2) (2) of the KAGB + + +) Non-official table of contents

§ 148

(1) The liquidators and their power of representation are the members of the Register for registration in the Commercial Register. The same shall apply from any change in the persons of the liquidators or in their representative power. In the event of the death of a shareholder, if it is to be assumed that the application is in accordance with the facts, the registration shall take place without the heirs participating in the notification, insofar as such participation imparts particular obstacles to such participation. conflict.(2) The registration of liquidators in court order and the registration of the judicial dismise of liquidators is carried out by officialauthorities.(3) (omitted) unofficial table of contents

§ 149

The liquidators have to terminate the current business, to collect the receivings, the to convert other assets into money and to satisfy the creditors; they can also enter into new business for the termination of a floating business. The liquidators shall represent the company in court and out of court within their business circle. Non-official table of contents

§ 150

(1) If there are multiple liquidators, they can only perform the liquidation actions in Community, unless it is determined that they can act individually.(2) The provision in paragraph 1 does not preclude the possibility of the liquidators authorizing individual transactions or certain types of transactions to be carried out by them. If the company is to be given a declaration of intent, the provision of section 125 (2) sentence 3 shall apply mutatily. Unofficial table of contents

§ 151

A limitation of the scope of the powers of the liquidators is ineffective against third parties. Non-official table of contents

§ 152

The liquidators, even if they are ordered by the court, are in relation to the participants in accordance with section 146 (2) and (3). as a result of the orders which the parties decide unanimously in the management of the management. Non-official table of contents

§ 153

The liquidators are to submit their signature in such a way that they are to be used as the liquidation company. The company name is a sign of its name. Non-official table of contents

§ 154

The liquidators have to draw up a balance sheet at the beginning and at the end of the liquidation. Non-official table of contents

§ 155

(1) The assets of the company that remain after rectification of the debt shall be from the liquidators to the The ratio of the shares of the capital, as shown in the final balance sheet, shall be distributed among the shareholders.(2) The money that is paid during the liquidation is provisionally distributed. In order to cover undue or disputed liabilities and to secure the amounts due to the shareholders in the final distribution, the required amount must be retained. The provisions of Section 122 (1) shall not apply during the liquidation.(3) In the event of a dispute over the distribution of the company's assets, the liquidators shall suspend the distribution until the decision of the dispute has been taken. Non-official table of contents

§ 156

Until the liquidation is terminated, the legal relationship of the previous shareholders the provisions of the second and third titles to be applied to each other and to third parties, in so far as it does not result from the present title or from the purpose of the liquidation. Non-official table of contents

§ 157

(1) After termination of the liquidation, the liquidation of the company is from the liquidators to be entered in the Register of trade registers.(2) The books and papers of the dissolved company shall be given to one of the partners or to a third party in custody. In the absence of an agreement, the shareholder or the third party shall be determined by the court in whose district the company has its registered office.(3) The shareholders and their heirs retain the right to inspect and use the books and papers. Non-official table of contents

§ 158

The shareholders, instead of the liquidation, can find a different kind of dispute, as long as they are there is still undivided company assets, in relation to third parties, the applicable rules applicable to the liquidation.

Sixth Title
Statute of limitations. Time limit of liability.

Non-official table of contents

§ 159

(1) The claims against a shareholder In five years after the dissolution of the company, the company's liabilities shall be forfeited, unless the claim against the company is subject to a shorter limitation period.(2) The statute of limitations shall begin at the end of the day at which the dissolution of the company is entered in the commercial register of the court responsible for the registered office of the company.(3) If the claim of the creditor against the company becomes due only after the registration, the statute of limitations shall commence with the date of the due date.(4) The new beginning of the statute of limitations and their inhibition in accordance with Section 204 of the Civil Code in relation to the dissolved society also act in relation to the shareholders who have been a member of the Society at the time of dissolution. Non-official table of contents

§ 160

(1) If a shareholder is a member of the company, he shall be liable for the company's liability until then. Liabilities, if they are due after the expiry of five years after leaving and from which claims against him are determined in a manner referred to in § 197 (1) (3) to (5) of the Civil Code, or a judicial or administrative In the case of public-sector liabilities, the adoption of an administrative act is sufficient. The period shall begin at the end of the day on which the date of departure is entered in the commercial register of the court responsible for the registered office of the company. § § 204, 206, 210, 211 and 212 (2) and (3) of the Civil Code, which apply to the limitation period, must be applied accordingly.(2) A determination in a kind referred to in § 197 (1) No. 3 to 5 of the Civil Code does not need to be established insofar as the shareholder has acknowledged the claim in writing.(3) If a shareholder is a Kommanditist, the provisions of paragraphs 1 and 2 shall apply accordingly for the limitation of his liability for the liabilities based on the date of the registration of the change in the commercial register. This shall also apply if he/she is acting in the company or in a company that is a shareholder of a company. Its liability as a commander remains unaffected.

Second section
Kommanditgesellschaft

A non-official table of contents

§ 161

(1) A company whose purpose is to operate a commercial business under a Community company is a limited partnership if: in the case of one or some of the shareholders, the liability vis-à-vis the company creditors is limited to the amount of a particular asset (Kommanditisten), whereas in the other part of the shareholders a restriction on the (2) Unless otherwise stipulated in this section, the limited partnership shall apply the rules applicable to the open trading company. Non-official table of contents

§ 162

(1) The registration of the company, in addition to the information provided in § 106 (2), has the name of the Comeditists and the amount of the deposit of each one of them. If a company is a member of a bourgeois law, its members shall also be registered for registration in accordance with Section 106 (2) and subsequent amendments in the composition of the shareholders.(2) In the case of the publication of the registration of the company, no information is to be made to the comeditists; the provisions of § 15 shall not be applied in this respect.(3) These provisions shall apply in the event of the entry of a limited-service provider into an existing trading company and, in the event of the leaving of a limited-service partner, from a limited partnership. Non-official table of contents

§ 163

The ratio of shareholders to each other shall apply in the absence of deviating provisions of the Social contract the special provisions of § § 164 to 169. Non-official table of contents

§ 164

The Kommanditists are excluded from the management of the company's business; they may be subject to an act shall not object to the personally liable partner, unless the act goes beyond the normal operation of the commercial sector of the company. The provisions of Section 116 (3) remain unaffected. Non-official table of contents

§ 165

§ § 112 and 113 do not apply to the comeditists. Non-official table of contents

§ 166

(1) The Kommanditist is entitled to demand the written communication of the annual financial statements and its Check the correctness with respect to the books and papers.(2) The further rights granted in § 118 to the shareholders excluded by the management are not to be granted to the commander.(3) At the request of a comedian, the court may, if there are important reasons, order the communication of a balance sheet and an annual financial statements or other information, as well as the presentation of the books and papers at any time. Non-official table of contents

§ 167

(1) The provisions of § 120 on the calculation of profit or loss are also valid for the comeditist.(2) However, the profit to be paid to a limited person shall be attributed to its share of the capital only as long as that share does not reach the amount of the deposit.(3) At the loss, the Kommanditist shall only participate in the amount of its share of capital and its remaining deposit. Non-official table of contents

§ 168

(1) The shares of the shareholders in the profit shall determine if the profit is the amount of four of the hundred of the In accordance with the provisions of Section 121 (1) and (2), the capital stock does not exceed(2) In the event of profit exceeding this amount, and in the event of loss, unless otherwise agreed, shall be deemed to be in accordance with the circumstances in accordance with the appropriate relationship of the shares as a deposit. Non-official table of contents

§ 169

(1) § 122 does not apply to the Kommanditists. He shall be entitled only to the payment of the profit he has received; he may also not claim the payment of the profit as long as his share of the capital is reduced by loss under the amount paid to the deposit or by the amount of the cash paid. Payment would be reduced below this amount.(2) The Kommanditist is not obliged to repay the related profit because of subsequent losses. Non-official table of contents

§ 170

The Kommanditist is not authorized to represent the company. Non-official table of contents

§ 171

(1) The Kommanditist shall be liable directly to the creditors of the company up to the amount of its deposit; the liability shall be shall be excluded as far as the deposit is made.(2) Where insolvency proceedings are opened over the assets of the company, the right of the insolvency administrator or the expert shall be exercised during the period of the proceedings by the right of the insolvency administrator or the creditor to the creditors. Non-official table of contents

§ 172

(1) In proportion to the creditors of the company, the deposit will be inserted after the registration in the commercial register. a limited number shall be determined by the amount indicated in the registration.(2) The creditors may rely on an unregistered increase in the deposit shown in the commercial register only if the increase has been made known in a commercial manner or otherwise communicated to them by the company.(3) An agreement between the shareholders, by which a co-partner shall issue or be a party to the deposit, shall be ineffective against the creditors.(4) In so far as the deposit of a limited person is paid back, it shall be deemed not to have been paid to the creditors. The same shall apply to the extent to which a limited number of shares is subject to profit, while its share of capital is reduced by loss below the amount of the deposit made, or by the removal of the share of the capital below the amount specified. is diminished. In the calculation of the share of capital in accordance with the second sentence, amounts in the meaning of Section 268 (8) shall not be taken into consideration.(5) In no case, in the event of good faith as a profit, which a Kommanditist refers to in good faith as a profit, it shall not be obliged to repay.(6) In relation to the creditors of a company in which no personally liable partner is a natural person, the deposit of a co-anditist shall be deemed not to have been made, insofar as it is held in shares in the personally liable partner is effected. This shall not apply if an open trading company or a limited partnership is part of the personally liable partners, in which a personally liable partner is a natural person. Non-official table of contents

§ 172a (omitted)

- unofficial table of contents

§ 173

(1) who enters an existing trading company as a limited partner, is liable according to § § 171 and 172 for the prior entry into the trading company Liabilities of the company, no difference whether the company suffers a change or not.(2) An opposing agreement shall be ineffective in respect of third parties. Unofficial table of contents

§ 174

A reduction of the deposit of a commander is, as long as it is not included in the trade register of the court, in whose district the company has its registered office is registered, the creditors are deemed to be ineffective; creditors whose claims were justified at the time of registration do not have to be subject to the reduction of the fall. Non-official table of contents

§ 175

The increase and the reduction of an insert shall be made by all members for entry in the Register of trade registers. Section 162 (2) shall apply accordingly. The provisions of § 14 shall not apply to the registration in the commercial register of the registered office of the company. Non-official table of contents

§ 176

(1) The Company has started its operations before it is entered in the Commercial Register of the Court of First Instance, in its District it has its registered office, any commercial person who has agreed to the beginning of the business shall be liable for the liabilities of the company which have been established up to the date of registration to a personally liable partner, unless his or her person is responsible for the registration of his or her personal liability. Participation as a commandant to the creditor was known. This provision shall not apply to the extent that another results from § 2 or § 105 (2).(2) If a partner enters into an existing trading company, the provision in the first sentence of paragraph 1 shall be for the liabilities of the company established in the period between its entry and its entry into the commercial register appropriate application. Non-official table of contents

§ 177

When a commander is killed, the company becomes a member of the heirs of a lack of a different contractual provision. continued. Non-official table of contents

§ 177a

§ § 125a and 130a also apply to the company, in which a commanding person is a natural person, § 130a but with the proviso that, instead of paragraph 1, sentence 4 of Section 172 (6) sentence 2 shall apply. The information required for the shareholders in the second sentence of Article 125a (1) of this Regulation shall only be required for the company's personally liable partners. Non-official table of contents

§ § 178 to 229 ----

Third section
Silent Society

unofficial table of contents

§ 230

(1) Anyone who is a silent partner in the retail trade that owns another, with a The deposit shall be subject to the contribution of the deposit in such a way as to transfer into the assets of the holder of the commercial business.(2) The holder shall be entitled and obliged to do so solely on the basis of the transactions concluded in the holding. Non-official table of contents

§ 231

(1) If the share of the silent partner in the profit and loss is not determined, then one of the circumstances shall apply: of an appropriate proportion as an order.(2) In the social contract it can be determined that the silent partner should not be involved in the loss; his participation in the profit cannot be ruled out. Non-official table of contents

§ 232

(1) At the end of each fiscal year, the profit and loss is calculated and the profit and loss on the silent partners falling profits to him.(2) The silent partner shall take part in the loss only up to the amount of his deposit paid or reimbursed. He is not obliged to repay the related profit because of subsequent losses; however, as long as his deposit is reduced by loss, the annual profit is used to cover the loss.(3) The profit which is not levied by the silent partner shall not increase its contribution, unless another agreement is agreed. Non-official table of contents

§ 233

(1) The silent partner is entitled to demand the written notification of the annual financial statements and to check the correctness of the books and papers.(2) The further rights granted to the shareholders excluded from the management by the management in § 716 of the Civil Code shall not be granted to the silent partner.(3) At the request of the silent partner, the court may, if there are important reasons, order the communication of a balance sheet and an annual financial statements or other information, as well as the presentation of the books and papers at any time. Non-official table of contents

§ 234

(1) The dismissal of the company by one of the partners or by a creditor of the silent Shareholders shall apply the provisions of § § 132, 134 and 135. The provisions of Section 723 of the Civil Code on the right to terminate the company for important reasons without notice of a deadline remain unaffected.(2) The death of the silent partner shall not resolve the company. Non-official table of contents

§ 235

(1) After the dissolution of the company, the proprietor of the trading business has become a silent partner. and to rectify the funds ' balances in money.(2) The transactions suspended at the time of dissolution shall be handled by the proprietor of the trading business. The silent partner shall take part in the profit and loss resulting from these transactions.(3) It may, at the end of each financial year, require an account of the transactions which have now been terminated, the payment of the amount due and information on the status of the transactions that are still pending. Non-official table of contents

§ 236

(1) If insolvency proceedings are opened on the assets of the proprietor of the trading business, the silent Shareholders claiming to be insolvency creditors on account of the deposit, in so far as they exceed the amount of the share of the loss on which it is subject, shall assert its claim as insolvency creditor.(2) If the deposit is backward, it shall pay the silent partner up to the amount which is necessary to cover its share in the loss to the insolvency mass. Non-official table of contents

§ 237

-

Third book
trading books

First section
Rules for all merchants

First subsection
Accounting. Inventory

Non-official table of contents

§ 238 Accounting obligation

(1) Each merchant is obliged to keep books and in to make it clear to those trading operations and to the position of his assets in accordance with the principles of regular accounting. The accounts must be such as to enable a knowledgable third party to provide an overview of the transactions and the situation of the undertaking within a reasonable time. The business incidents must be followed in their creation and settlement.(2) The merchant is obliged to retain a reproduction of the agreed trade letters (copy, impression, copy or other reproduction of the text on a font, image or other data carrier) in accordance with the original document. Non-official table of contents

§ 239 Management of the trading books

(1) In the management of the trading books and in the otherwise required records, the merchant of a living language to use. If abbreviations, numbers, letters or symbols are used, their meaning must be clearly defined in individual cases.(2) The entries in books and the records otherwise required shall be made in full, correct, timely and orderly.(3) A registration or recording shall not be altered in such a way as to ensure that the original content is no longer detectable. Even such changes must not be made, the nature of which makes it uncertain whether they were originally made or only later.(4) The trading books and the otherwise required records may also exist in the orderly filing of documents or on data carriers, insofar as these forms of accounting, including the procedure used in this case, are: The principles of regular accounting. In the course of the management of the trading books and the otherwise required records on data carriers, it must be ensured, in particular, that the data are available for the duration of the retention period and can be read at any time within a reasonable period of time. can be done. Paragraphs 1 to 3 shall apply mutatily. Non-official table of contents

§ 240 Inventory

(1) Each merchant has at the start of his trading business his properties, his claims and his debts, the exact amount of his cash and other assets, indicating the value of each of the assets and liabilities.(2) It shall soon establish such an inventory for the end of each financial year. The duration of the financial year shall not exceed twelve months. The inventory of the inventory shall be effected within the time appropriate to a regular business operation.(3) Assets of property, plant and equipment, as well as raw materials, auxiliaries and operating materials may, if they are regularly replaced and their total value for the company of subordinated importance, be subject to a constant quantity and to one constant value, provided that its size, its value and its composition are subject to minor changes only. However, as a rule, a physical inventory is to be carried out every three years.(4) Track-like assets of the stock and other similar or approximately equivalent movable assets and liabilities may each be combined to form a group and shall be weighted with the weighted average value . Non-official table of contents

§ 241 Inventory Simplification Procedure

(1) The inventory of the assets may be used to set up the inventory. The type, quantity and value are also determined with the help of recognised mathematical and statistical methods based on random samples. The procedure must be in accordance with the principles of proper accounting. The value of the inventory drawn up in this way must be equal to the validity of an inventory drawn up on the basis of a physical inventory.(2) In drawing up the inventory for the end of a financial year, a physical inventory of the property shall not be required for that date, in so far as it is applied in accordance with the principles of proper accounting. is secured by other means that the stock of property, by type, quantity and value, can also be determined without the physical inventory for that date.(3) In the inventory for the end of a financial year, assets do not need to be recorded if
1.
the merchant's stock based on a physical inventory or on the basis of a different procedure allowed under paragraph 2 by type, quantity and value in a special inventory recorded for one day within the last three months before or the first two months after the end of the fiscal year, and
2.
based on the special inventory, it is secured by applying a continuation or resettlement procedure corresponding to the principles of proper accounting, that the Assets held in the financial year may be properly valued at this point in time.
Non-official Table of contents

§ 241a Liberation of the obligation to book and create an inventory

individual traders who do not have more than 500 000 euros each on the closing dates of two consecutive financial years Sales revenue and EUR 50 000 each year shall not be subject to the application of § § 238 to 241. In the case of re-establishment, the legal consequences occur if the values of the first sentence are not exceeded on the first closing date after the re-establishment.

Second sub-section
Opening balance sheet. Annual Enclosure

First Title
General Rules

Non-tamous Table of contents

§ 242 obligation to set up

(1) The merchant has, at the start of his commercial business and for the end of each financial year, a conclusion representing the relationship of his assets and his debts. (opening balance sheet, balance sheet). The balance sheet shall apply in accordance with the rules applicable to the annual accounts, in so far as they relate to the balance sheet.(2) For the end of each financial year, it shall draw up a comparison of the expenses and earnings of the financial year (profit and loss account).(3) The balance sheet and the profit and loss account shall form the annual accounts.(4) Paragraphs 1 to 3 shall not apply to individual merchants in the meaning of Section 241a. In the case of re-establishment, the legal consequences as set out in the first sentence shall already occur if the values of § 241a sentence 1 are not exceeded on the first closing date after the re-establishment. Non-official table of contents

§ 243 Set-up principle

(1) The annual accounts must be drawn up in accordance with the principles of regular accounting.(2) It must be clear and clear.(3) The annual accounts shall be drawn up within the time required for a regular course of business. Non-official table of contents

§ 244 Language. Currency unit

The annual financial statements are to be drawn up in German and in euros. Non-official table of contents

§ 245 Signature

The annual accounts are to be signed by the merchant by stating the date. If there are a number of personally liable partners, they will have to sign them all.

Second Title
Starting Provisions

unofficial table of contents

§ 246 completeness. Prohibition of settlement

(1) The annual financial statements shall contain all assets, liabilities, balance sheet items and expenses and income, unless otherwise provided by law. Assets are to be included in the owner's balance sheet; if an asset is not to be attributed to the owner, but to another, the owner has to show him in his balance sheet. Debt shall be included in the debtor's balance sheet. The difference in respect of which the consideration for the acquisition of a company exceeds the value of the individual assets of the enterprise less the debt at the time of the acquisition (the amount of the transaction is acquired in accordance with the terms of the transaction). or goodwill), shall be considered to be an asset that is limited in time.(2) Items of the assets side shall not be charged with items on the liabilities side, expenses not with income, land rights not with property slasts. Assets which are withdrawn from the access of all other creditors and which serve solely to fulfil debt obligations arising from pension obligations or comparable long-term obligations shall be payable on these debts. , in accordance with the corresponding expenses and proceeds from the discount and from the assets to be billed. If the fair value of the assets exceeds the amount of the debt, the overrising amount shall be activated under a separate item.(3) The starting methods used in the preceding financial statements shall be maintained. Section 252 (2) shall apply accordingly. Non-official table of contents

§ 247 Content of the balance sheet

(1) The balance sheet includes asset and round-trip assets, equity, debt, and to identify and sufficiently break down the accounts clearance items.(2) In the case of fixed assets, only the items which are intended to serve the business in a continuous manner are to be identified.(3) (omitted) unofficial table of contents

§ 248 Accounting prohibitions and voting rights

(1) The balance sheet must not be included as an asset are:
1.
Company creation expenses,
2.
expenses for the Procurement of equity capital and
3.
expenses for the conclusion of insurance contracts.
(2) Self-created intangible assets of the Fixed assets can be included in the balance sheet as assets. Trademarks, print titles, publishing rights, customer lists or comparable intangible assets of the fixed assets may not be included. Unofficial table of contents

§ 249 provisions

(1) reserves are for indefinite liabilities and for looming losses of floating to form stores. In addition, provision should be made for
1.
expenditure in the financial year for maintenance, in the following financial year, within three months, or for disposal operations, which will be obtained in the following financial year
2.
Warranties which are provided without legal obligation.
(2) For purposes other than those referred to in paragraph 1, provisions may not be formed. Provisions may only be resolved if the reason for this is no longer necessary. Non-official table of contents

§ 250 InAccounting Line Items

(1) On the asset side, as an invoice limit item, issues are before the to expel the closing date, insofar as they represent expenditure for a certain period of time after that date.(2) On the liabilities side, receipts shall be shown as the balance sheet income before the closing date, insofar as they represent yield for a certain period after that date.(3) Where the amount of a liability is higher than the amount of the expenditure, the amount of the difference may be included in the accounting items on the active side. The difference shall be due to scheduled annual depreciation, which may be distributed over the entire duration of the liability. Non-official table of contents

§ 251 Liability conditions

Under the balance sheet, if they are not to be shown on the liabilities side, liabilities from the issuing and transfer of exchange, from guarantees, bills of exchange and cheque guarantees and from warranty contracts, as well as liability relationships arising from the ordering of securities for foreign liabilities; they may be used in an amount. Liability conditions are also to be specified if they are faced with equivalent recourse claims.

Third Title
Assessment Regulations

A non-official table of contents

§ 252 General valuation principles

(1) In assessing the assets and liabilities shown in the annual accounts, the following shall apply in particular:
1.
The value rates in the opening balance of the fiscal year must be with those of the final balance sheet of the the previous fiscal year.
2.
The valuation shall be deemed to be the continuation of the business activity, provided that the non-actual or
3.
The assets and liabilities are to be assessed individually at the closing date.
4.
It is prudent to consider, in particular, all foreseeable risks and losses incurred up to the closing date, even if they are not between the final date and the date on which the annual financial statements are drawn up; profits shall be taken into account only if they are realised at the closing date.
5.
The financial year's expenses and income are to be taken into account independently of the dates of the corresponding payments in the annual accounts.
6.
The evaluation methods applied to the preceding financial statements are to be maintained.
(2) The principles set out in paragraph 1 may apply only in justified exceptional cases. to be wiretapped. Non-official table of contents

§ 253 Access and Follow-up evaluation

(1) Assets are at most at the cost of purchase or production, in order to reduce the amount of depreciation referred to in paragraphs 3 to 5. Liabilities are to be added to the amount of the payment and provisions of the amount required by a reasonable clerical assessment. Insofar as the amount of pension obligations is based exclusively on the fair value of securities in the meaning of section 266 (2) of the second subparagraph of Article 266 (2) (III). 5 shall be determined for the fair value of these securities to the extent that it exceeds a guaranteed minimum amount. Assets to be billed in accordance with Section 246 (2) sentence 2 shall be assessed at their fair value. Micro-entities (§ 267a) may only carry out an evaluation at fair value if they do not make use of any of the facilities provided for in Article 264 (1) sentence 5, § 266 (1) sentence 4, § 275 (5) and Article 326 (2). Where a micro-capital company makes use of at least one of the facilities referred to in the fifth sentence, the valuation of the property shall be carried out in accordance with the first sentence, even where a settlement is provided for in accordance with the second sentence of Article 246 (2).(2) reserves with a residual maturity of more than one year shall be deducted from the average market interest rate of the past seven financial years, corresponding to the remaining term of the remaining term. By way of derogation from the first sentence, provisions relating to pension obligations or comparable long-term obligations may be discounted in a flat-rate manner with the average market interest rate, which shall be equal to the remaining maturity of 15 years of age. The rates 1 and 2 shall apply in accordance with liabilities based on pension obligations, for which a consideration is no longer to be expected. The rate of interest to be applied in accordance with the rates 1 and 2 shall be determined by the Deutsche Bundesbank in accordance with a legal regulation and shall be announced on a monthly basis. The Federal Ministry of Justice and Consumer Protection, in consultation with the Deutsche Bundesbank, shall determine in the legal regulation pursuant to sentence 4, which does not require the consent of the Federal Council, the details of the determination of the interest rate rates, in particular the investigation methodology and its bases, as well as the form of notification.(3) In the case of assets of fixed assets, the use of which is limited in time, the cost of the acquisition or production shall be reduced by scheduled depreciation. The plan must distribute the cost of the acquisition or production to the financial years in which the asset is likely to be used. If, in exceptional cases, the estimated useful life of a self-created intangible asset of the fixed assets cannot be estimated reliably, scheduled depreciation on the production costs over a period of time shall be of ten years. Sentence 3 shall apply to a goodwill acquired business or goodwill. In the event that their use is limited in time, unscheduled depreciation shall be carried out in the case of assets of fixed assets in the event of an impairment loss which is likely to be permanent, in order to set them with the lower value, the are to be attached to them at the closing date. In the case of financial assets, depreciation and amortisation can also be carried out in the event of an impairment loss which is not expected to be permanent.(4) In the case of assets in circulation, depreciation must be carried out in order to set it at a lower value resulting from a stock exchange or market price at the end of the reporting date. If a stock exchange or market price is not established and the cost of the acquisition or production exceeds the value which is to be attached to the assets at the closing date, the value must be written down to this value.(5) A lower percentage of the value referred to in the fifth or sixth sentence of paragraph 3 and paragraph 4 may not be maintained if there are no longer grounds for doing so. A lower value of a paid goodwill or goodwill is to be maintained.

Footnote

(+ + + § 253 para. 3 sentence 3 and 3). 4: For the first application, see: Art. 75 (4) HGBEG + + +) Non-official table of contents

§ 254 Education of evaluation units

Assets, liabilities, floating transactions, or highly likely expected transactions to compensate for any changes in value or cash flows resulting from the occurrence of comparable risks with financial instruments § 249 (1), Section 252 (1) (3) and (4), Section 253 (1), first sentence, and § 256a are not applicable to the extent and for the period in which the countercurrent value changes or payment flows compensate each other. In the case of financial instruments within the meaning of the first sentence, transactions relating to the acquisition or sale of goods shall also apply. Non-official table of contents

§ 255 Rating scales

(1) acquisition costs are the expenses that are incurred to make an asset and to put it in a state of operation, insofar as they can be individually assigned to the asset. The cost of the acquisition also includes the incitation costs and the subsequent acquisition costs. Purchase price reductions, which can be assigned to the asset individually, must be deducted.(2) Production costs are the expenditure incurred by the consumption of goods and the use of services for the manufacture of an asset, its extension or for a period exceeding its original condition. This is a major improvement. These include the material costs, the manufacturing costs and the special costs of manufacturing, as well as appropriate parts of the material overhead costs, the production overhead costs and the value consumption of the fixed assets, as far as this is caused by the manufacturing process. is. In the calculation of the production costs, appropriate parts of the costs of the general administration, as well as reasonable expenses for social institutions of the establishment, voluntary social services and occupational pensions may be taken into account. insofar as these are to be accounted for during the period of manufacture. Research and distribution costs must not be included.(2a) Production costs of a self-created intangible asset of the fixed assets shall be the expenditure incurred in the development of the fixed assets in accordance with paragraph 2. Development is the application of research results or of other knowledge for the new development of goods or processes, or the further development of goods or processes by means of substantial changes. Research is the independent and systematic search for new scientific or technical findings or experiences of a general nature, about their technical feasibility and economic success prospects in principle no statements can be done. If research and development cannot be reliably distinguished from one another, activation is excluded.(3) Interest on foreign capital shall not be part of the cost of production. Interest on foreign capital used to finance the production of an asset may be applied to the extent to which it is accounted for during the period of manufacture, in which case it shall be deemed to be the production cost of the Assets.(4) The fair value shall be equal to the market price. To the extent that there is no active market on the basis of which the market price can be determined, the fair value shall be determined by means of generally accepted valuation methods. If the fair value cannot be determined either in accordance with the first sentence or in the second sentence, the cost of acquisition or production shall be continued in accordance with Section 253 (4). The fair value last determined in accordance with the first or second sentence shall be deemed to be the cost of acquisition or production in the meaning of sentence 3.

footnote

(+ + + § 255: For application, see Art. 75 (1) HGBEG + + +) A non-official table of contents

§ 256 Evaluation Simplification Method

To the extent that it complies with the principles of regular accounting, it is possible to apply the same value for the value of the value Assets held by stocks shall be subject to the fact that the assets first or last purchased or produced have been first consumed or sold. § 240 (3) and (4) shall also apply to the annual accounts. Non-official table of contents

§ 256a currency translation

Assets and liabilities denominated in foreign currency are Convert foreign exchange rate exchange rate to the closing date. For a remaining term of one year or less, § 253 (1) sentence 1 and § 252 (1) no. 4, half sentence 2 shall not apply.

Third Subsection
Storage and Template

Non-official table of contents

§ 257 Retention of documents
retention periods

(1) Each businessman is obliged to submit the following documents
1.
Trading Books, Inventories, Opening Balance Sheet, Annual Accounts, Individual financial statements in accordance with § 325 (2a), annual reports, consolidated financial statements, group management reports, as well as the work instructions and other organisational documents required for their understanding,
2.
the received trade letters,
3.
returned trading letters regave
4.
Belege for bookings in the books to be guided by him pursuant to § 238 (1).
(2) Trade letters are only records relating to a trading business.(3) With the exception of the opening balances and accounts, the documents referred to in paragraph 1 may also be retained as a reproduction on an image carrier or on other data carriers, provided that this complies with the principles of proper accounting and it ensures that the replay or data
1.
with the received trading letters and the Accounting documents are both pictorial and in terms of content with the other documents, if they are made legible,
2.
available during the period of retention. and can be made legible at any time within a reasonable period of time.
If documents have been produced on data carriers pursuant to section 239 (4) sentence 1, the data may also be stored in printed form instead of the data carrier; the Printed documents can also be kept in accordance with the first sentence.(4) The documents referred to in paragraph 1 (1) and (4) shall be ten years in which to keep the other documents referred to in paragraph 1 for six years.(5) The retention period shall commence with the end of the calendar year in which the last entry is entered in the trading book, the inventory is drawn up, the opening balance sheet or the annual accounts are established, the individual financial statements pursuant to section 325 (2a) or (2) of the following are determined. the consolidated financial statements, the commercial letter was received or dispatched or the receipt of the booking has been established. Non-official table of contents

§ 258 Consideration in legal dispute

(1) In the course of a legal dispute, the court may, on request or on its own account, Order the trading books of a party.(2) The provisions of the Code of Civil Procedure relating to the obligation of the opponent to lay down documents shall remain unaffected. A non-official table of contents

§ 259 Excerpt in the case of a legal dispute

If commercial books are presented in a lawsuit, their content, as far as the point of contention is concerned, to consult with the parties and, if appropriate, to produce an excerpt. The rest of the contents of the books shall be disclosed to the Court of First Instance in so far as it is necessary for the examination of their proper conduct. Non-official table of contents

§ 260 Dispute Resolution

In the case of asset dislocations, in particular in inheritance, The Court of First Instance may order the presentation of the trading books for information on the whole of its contents. Non-official table of contents

§ 261 Filing of documents on image or data media

If you want to keep records in the form of a replay shall be obliged to make available on an image carrier or on other data carriers, at its cost, those tools which are necessary to make the documents legible; where necessary, it shall have the documents necessary to make the documents available; to print out at its expense or to teach readable reproductions without tools.

Fourth Subsection
Landesrecht

Non-official table of contents

§ 262

(omitted) unofficial table of contents

§ 263 Reservation of national legal provisions

Unaffected by the provisions of this Section shall remain unaffected by companies without their own legal personality of a municipality, a community association or a special purpose association of national law.

Second Section
Supplementary provisions for corporations (limited liability companies, limited liability companies, limited liability companies) and certain limited liability companies (limited liability companies) Personal trading companies

First subsection
Annual accounts of the capital company and management report

First title
General rules

unofficial table of contents

§ 264 obligation to set up; liberation

(1) The legal representatives a capital company has the annual accounts (§ 242) to expand an annex which forms a unit with the balance sheet and the profit and loss account, as well as to draw up a management report. The legal representatives of a capital-market-oriented capital company, which is not obliged to draw up a consolidated financial statements, have to expand the annual financial statements to include a cash flow statement and an equity level, which are the balance sheet, profit and loss account and annex form a unit; they may extend the annual financial statements by means of segment reporting. The annual accounts and the annual report shall be drawn up by the legal representatives in the first three months of the financial year for the past financial year. Small capital companies (§ 267 (1)) do not need to draw up the management report; they may also issue the annual accounts at a later date if this corresponds to a proper course of business, but within the first six months of the Fiscal year. Micro-entities (§ 267a) do not need to expand the annual accounts by an appendix if they are
1.
the information specified in § 268, paragraph 7,
2.
the information referred to in § 285 (9) (c) and
3.
in the case of a public limited liability company, the information given in § 160 (3) sentence 2 of the German Stock Corporation Act
under the balance sheet.(1a) In the annual accounts, the company, the registered office, the register court and the number under which the company is registered in the commercial register shall be indicated. If the company is in liquidation or winding-up, this fact must also be disclosed.(2) The annual accounts of the capital company shall, in accordance with the principles of regular accounting, give a true and fair view of the assets, financial position and profit situation of the capital company. If special circumstances mean that the annual accounts do not give a true and fair view in the sense of the sentence 1, additional information shall be given in the Annex. The legal representatives of a capital company which is a domestic issuer within the meaning of Article 2 (7) of the German Securities Trading Act and not a capital company within the meaning of § 327a shall, at the time of the signing, assure in writing that, after to the best of its knowledge, the annual financial statements shall provide a true and fair view within the meaning of the sentence 1, or the Annex shall contain information as set out in the second sentence. Where a micro-capital company makes use of the relief referred to in the fifth sentence of paragraph 1, additional information required under the second sentence shall be made available under the balance sheet. It is presumed that an annual financial statement, taking into account the facilitation of micro-capital companies, meets the requirements of the first sentence.(3) A capital company which, as a subsidiary, is included in the consolidated financial statements of a parent undertaking established in a Member State of the European Union or of another State Party to the Agreement on the European Economic Area , the provisions of this subsection and of the third and fourth subsections of this section do not need to be applied if all of the following requirements are met:
1.
All shareholders of the subsidiary have agreed to the exemption for the financial year in question;
2.
the parent company has agreed to the commitments entered into by the subsidiary up to the closing date in the following financial year
3.
The consolidated financial statements and the group management report of the parent company are in accordance with the legislation of the state in which the parent company is The seat has been established and tested in accordance with the following guidelines:
a)
Directive 2013 /34/EU of the European Parliament and of the Council of 26 November 2009. June 2013 on the annual accounts, consolidated accounts and related reports of companies of certain types of law and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing Directives 2006 /43/EC Council Directive 78 /660/EEC and 83 /349/EEC (OJ L 73, 27.3.1983, p. 19),
b)
Directive 2006 /43/EC of the European Parliament and of the Council of 17 May 2006, of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities, of May 2006, on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78 /660/EEC and 83 /349/EEC and repealing Council Directive 84 /253/EEC (OJ L 136, 31.5.1984, p. 87), as defined by Directive 2013 /34/EU (OJ L 157, 9.6.2006, p. 19).;
4.
The exemption of the subsidiary is given in the notes to the parent company's consolidated financial statements and
5.
for the subsidiary have been disclosed in accordance with § 325 (1) to (1b):
a)
the decision after number 1,
b)
the statement according to number 2,
c)
the Consolidated Financial Statements,
d)
the Group Management Report and
e)
the audit opinion on the parent company's consolidated financial statements and group management report as specified in point 3.
has the parent company single or all of the The subsidiary must not disclose the documents in question again if they are found in the Bundesanzeiger (Federal Gazette) under the subsidiary undertaking; § 326 (2) is applicable to this disclosure. not to be applied. Sentence 2 shall apply only if the parent company has disclosed the document in question in German or in English, or if the subsidiary has additionally provided a certified translation of this document in German in accordance with Article 325 (1) (a) 1 to 1b.(4) Paragraph 3 shall not apply where a capital company is the subsidiary of a parent undertaking which has established a consolidated financial statements in accordance with the provisions of the law on publicity, and if, in this consolidated financial statements, the parent undertaking is responsible for the The right to vote in Section 13 (3) sentence 1 of the publicity law has been exercised; § 314 (3) remains unaffected.

footnote

(+ + + § 264: For application see Art. 75 (1) HGBEG + + +)
(+ + + § 264 (1) sentence 4, para. 3 and 4: For use, see § 46 sentence 2 KAGB u. § 135 (2) sentence 2 KAGB + + +) Non-official table of contents

§ 264a Application to certain open trading companies and limited partnerships

(1) The provisions of the First to Fifth Subsections of the Second Section shall also apply to open trading companies and limited partnerships in which not at least one personally liable partner
1.
a natural person or
2.
an open trading company, limited partnership, or other personal company with a natural person as a personally liable partner
Continuing the connection of companies in this way.(2) In the provisions of this Section, the members of the authorized body of the authorized companies shall be deemed to be the legal representatives of an open trading company and a limited partnership referred to in paragraph 1. Non-official table of contents

§ 264b Liberation of the open trading companies and limited liability companies within the meaning of § 264a of the application of the The provisions of this section

A person-trading company within the meaning of Section 264a (1) shall be exempted from the obligation to draw up an annual financial statement and a management report in accordance with the provisions of this Section, and if all of the following requirements are met:
1.
The company in question is included in the consolidated financial statements and in the group management report
a)
of a personally liable partner of the company in question, or
b)
a parent company based in one of the Member States of the European Union or another State Party to the Agreement on the European Economic Area, if in the latter Consolidated financial statements a larger group of companies are included;
2.
is the condition referred to in § 264 (3), first sentence, point 3 ;
3.
The liberation of the passenger trading company is specified in the notes to the consolidated financial statements and
4.
for the passenger trading company, the consolidated financial statements, the group management report and the audit opinion have been disclosed in accordance with § 325 (1) to (1b); § 264 (3) sentence 2 and 3 is to be applied accordingly.

Footnote

(+ + + § 264b: For application see § 46 sentence 2 KAGB, § 135 para. 2 sentence 2 KAGB u. Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 264c Special provisions for open trading companies and limited partnerships in the sense of § 264a

(1) Loans, receivables and liabilities to shareholders shall as a rule be indicated as such separately or in the notes to be indicated in the notes. If they are included in other items, this property must be noted.(2) § 266 (3) (A) must be applied with the proviso that the following items are to be identified as equity capital separately:
I.
Capital shares
II.
Backlayers
III.
profit and loss entry
IV.
net profit/year loss.
Instead of the post "subscribed capital" means the capital shares of the personally liable partners, which may also be reported in a consolidated form. The loss arising from the share of the capital of a personally liable partner for the financial year shall be written off from the share of the capital. To the extent that the loss exceeds the share of the capital, it shall be issued on the assets side under the name "Deposit obligations of personally liable partners" under the claims separately, to the extent that there is a payment obligation. If there is no obligation to pay, the amount shall be referred to as the "non-loss part of a person liable to be personally liable" and must be expletive in accordance with Section 268 (3). The provisions of sentences 2 to 5 shall apply mutatis-ly to the deposits of limited persons, all of which shall be disclosed separately in relation to the shares of the capital of the shareholders liable to be personally liable. However, a claim may only be expelled if there is a deposit obligation; the same shall apply if a limited number of shares takes up profit shares, while its share of capital is diminished by loss below the amount of the deposit made or to the extent that the taking of the share of the capital is less than the amount referred to. As reserves, only amounts which have been formed on the basis of a company-law agreement shall be shown. The appendix shall specify the amount of the deposits registered in the commercial register pursuant to section 172 (1), in so far as they have not been provided.(3) The other assets of the shareholders (private assets) may not be included in the balance sheet and the expenses and income generated by the private property must not be included in the income statement. However, in the profit and loss account, a tax expense of the shareholders, corresponding to the tax rate of the complementary company, may be dismissed or added after the item entitled "annual surcharge/annual loss amount".(4) In the balance sheet on the assets side, shares in complementary companies are to be shown under items A.III.1 or A.III.3. Section 272 (4) is to be applied with the proviso that, for these shares in the amount of the activated amount after the item "equity", a special item is to be formed under the name "compensation mail for activated own shares".(5) In exercising the right to vote in accordance with the third sentence of Article 266 (1) or (4), the breakdown of the condensed balance sheet after the exercise of that right shall be determined. The determination of the balance sheet items in accordance with the preceding paragraphs shall remain unaffected. Unofficial table of contents

§ 264d Capital Market-Oriented Capital Company

A capital company is capital-market-oriented if it has a capital market (a) an organised market within the meaning of Article 2 (5) of the Securities Trading Act, by securities issued by it, in the meaning of Article 2 (1) of the Securities Trading Act, or the admission of such securities to trading on a organized market. Non-official table of contents

§ 265 General principles for the structure

(1) The form of presentation, in particular the outline of the successive balance sheets and profit and loss accounts shall be maintained unless, in exceptional circumstances, derogations are necessary due to exceptional circumstances. The derogations shall be indicated in the Annex and shall be justified.(2) In the balance sheet and in the profit and loss account, the corresponding amount of the previous financial year shall be indicated for each item. If the amounts are not comparable, this shall be indicated and explained in the Annex. If the amount of the previous year is adjusted, this shall also be indicated and explained in the Annex.(3) If an asset or guilt falls under several items of the balance sheet, membership of other items shall be noted in the item under which the identity card is made, or in the Annex, if that is the case for the preparation of a clear and clear annual financial statements.(4) If there are a number of branches, and this is due to the breakdown of the annual accounts in accordance with different rules, the annual accounts shall be drawn up in accordance with the structure laid down for a branch and shall be determined in accordance with the procedure laid down in for the structure prescribed for the other branches of the business. The supplement shall be indicated in the Annex and shall be justified.(5) A further breakdown of the items is permitted, but the required outline must be taken into account. New items and subtotals may be added if their content is not covered by a prescribed item.(6) The structure and designation of the items of the balance sheet and the profit and loss account provided with Arabic numerals shall be amended if this is due to the special features of the capital company for the establishment of a clear and clear Annual financial statements are required.(7) The items in the balance sheet and the profit and loss account, provided with Arabic figures, may, if not required by special forms, be shown in summary form if: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
it includes an amount corresponding to the mediation of a true-to-life balance. Image within the meaning of § 264 (2) is not significant, or
2.
thereby enlarges the clarity of the presentation; in this case, the combined items must be (
) An item of the balance sheet or of the profit and loss account which does not include any amount does not need to be listed unless, in the previous financial year, the item under this item is not included in the balance sheet. an amount has been shown.

footnote

(+ + + § 265: For application, see Art. 75 (1) HGBEG + + +)

Second Title
Balance Sheet

A non-official table of contents

§ 266 Outline of the balance sheet

(1) The balance sheet is to be drawn up in account. In so doing, medium-sized and large corporations (Article 267 (2) and (3)) shall, on the assets side, identify the items referred to in paragraph 2 and, on the liabilities side, the items referred to in paragraph 3 separately and in the prescribed order. Small capital companies (Article 267 (1)) need only to draw up a condensed balance sheet, in which only the items referred to in paragraphs 2 and 3 with letters and roman numbers are recorded separately and in the prescribed sequence. . Micro-capital companies (§ 267a) need only to draw up a condensed balance sheet, in which only the items referred to in paragraphs 2 and 3 with letters are recorded separately and in the prescribed order.(2) Active page
A.
Assets:
I.
Intangible Assets:
1.
Self-created industrial property rights and similar rights and values;
2.
entrented concessions, industrial property rights and similar rights and values, and licenses to such rights and values;
3.
Business or company value;
4.
payments made;
II.
Sachanlagen:
1.
Grundstücke, land-like rights and buildings, including buildings on foreign land;
2.
technical equipment and machinery;
3.
other assets, operating and business equipment;
4.
The payments and assets in the Construction;
III.
Financial Assets:
1.
shares in affiliates;
2.
Lending to connected companies;
3.
participant;
4.
Lending to companies that have a participation ratio
5.
Investment asset securities;
6.
Other Lending.
B.
Orbit:
I.
inventories:
1.
Roh, auxiliary, and Operating materials;
2.
unfinished products, unfinished services;
3.
finished products and goods;
4.
payments made;
II.
Claims and other Assets:
1.
Claims from deliveries and services;
2.
Claims against affiliated companies;
3.
Claims against companies with which to use Equity ratio;
4.
other assets;
III.
Securities:
1.
Shares in Connected Enterprise;
2.
Other Securities;
IV.
Cash Stock, Federal Bank Credit, Credit institutions and cheques credit.
C.
InAccounting Items.
D.
Active deferred taxes.
E.
Active difference amount from the balance of assets.
(3) Passivside
A.
Equity:
I.
subscribed capital;
II.
Capital backout;
III.
Profit reserves:
1.
legal backsheet;
2.
Reaction for shares in a dominant or majority-owned company;
3.
statementless Reserves;
4.
other payback;
IV.
profit-trag/loss-forward;
V.
annual excess/year-missing amount.
B.
Repositions:
1.
Repositions for Pensions and similar obligations;
2.
Tax provisions;
3.
Other Returns.
C.
Liabilities:
1.
Borrowing Convertible;
2.
Loans to Credit Institutions;
3.
received payments on orders;
4.
Deliveries and Services;
5.
liabilities arising from the acceptance of a change and the issuing of its own change;
6.
Liabilities to affiliates;
7.
Company's liabilities, with where an equity ratio exists;
8.
other liabilities, including taxes, of which within the framework of social security.
D.
Invoice Line Items.
E.
Passive deferred taxes.
Non-official table of contents

§ 267 Rewriting of the size classes

(1) Small capital companies are those that have at least two of the three Do not exceed the following characteristics:
1.
6 000 000 Euro Balance sheet total.
2.
12 000 000 Euro sales revenue in the 12 months before the final date.
3.
Average annual average
() Medium-sized capital companies are those which exceed at least two of the three characteristics referred to in paragraph 1 and which do not exceed at least two of the three following characteristics:
1.
20 000 000 Euro balance sheet total.
2.
40 000 000 Euro revenue in the 12 months before the closing date.
3.
Average annual average Two hundred and fifty employees.
(3) Large corporations are those which exceed at least two of the three characteristics referred to in paragraph 2. A capital company in the sense of § 264d shall always be considered as a large one.(4) The legal consequences of the features referred to in paragraphs 1 to 3, first sentence, shall enter into force only if they are exceeded or fallen below the closing date of two consecutive financial years. In the case of the conversion or re-establishment, the legal consequences shall arise if the conditions set out in paragraph 1, 2 or 3 are fulfilled on the first closing date after the conversion or re-establishment. Sentence 2 shall not apply in the event of a change of form, provided that the formchanging legal entity is a capital company or a person-trading company within the meaning of Section 264a (1).(4a) The balance sheet total shall be composed of the items listed in points A to E of section 266 (2). A shortfall shown on the assets side (Section 268 (3)) shall not be included in the balance sheet total.(5) The average number of employees is the fourth part of the sum of the figures for each of the 31 employees. March, 30. June, 30. September and 31. Employees, including those employed abroad, are employed in December, but without the employees who are employed in their vocational training.(6) Information and information rights of employees ' representatives according to other laws remain unaffected.

footnote

(+ + + § 267: For application see Art. 75 (2) HGBEG + + +) unofficial table of contents

§ 267a micro-capital companies

(1) micro-capital companies are small capital companies that do not have at least two of the three following characteristics exceed:
1.
350 000 euro balance sheet total;
2.
700 000 Euro revenue in the 12 months before the final date;
3.
on average 10 Workers.
§ 267 (4) to (6) shall apply accordingly.(2) The special arrangements provided for in this Act for small capital companies (§ 267 (1)) shall apply mutatily to very small capital companies unless otherwise specified.(3) No micro-capital companies are:
1.
Investment companies within the meaning of Section 1 (11) of the Capital Investment Code,
2.
Company participation companies within the meaning of Section 1a, paragraph 1, of the Company Participation Companies Act or
3.
Companies whose sole purpose is to acquire shareholdings in other companies, and to manage and exploit these participations without them directly or indirectly intervene in the administration of these undertakings, the exercise of the rights which they are subject to as shareholders or members shall not be taken into consideration.

Footnote

(+ + + § 267a (1): For application cf. Art. 75 2 HGBEG + + +)
(+ + + § 267a para. 3: refer to the application) Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 268 Rules on individual items the balance sheet
balance sheet

(1) The balance sheet may also be drawn up in the light of the full or partial use of the annual result. Where the balance sheet is drawn up in the light of the partial use of the annual result, the item entitled "Annual excess/year loss" and "profit and loss presentation" shall be replaced by the item entitled "Balance Sheet Profit/Balance Sheet Loss"; existing profit or loss account must be included in the item "balance sheet profit/balance sheet loss" and should be disclosed separately in the balance sheet. The indication may also be given in the Annex.(2) (a) (3) If the equity capital is used up by losses and an excess of the liabilities item is generated by means of the assets, this amount shall, at the end of the balance sheet on the assets side, be separately designated " Not by Equity capital shortfall ".(4) The amount of claims with a residual maturity of more than one year shall be recorded for each separately reported item. Where, under the item 'other assets', amounts are shown for assets which are not legally incurred until after the closing date, amounts which have a greater extent shall be set out in the Annex.(5) The amount of the liabilities with a remaining maturity of up to one year and the amount of the liabilities with a residual maturity of more than one year shall be noted for each separately reported item. Payments received on orders are, in so far as payments to inventories are not dismissed by the item "inventories", to be dismissed under the liabilities separately. Where, under the heading 'liabilities', amounts are shown for liabilities which are not legally incurred until after the closing date, amounts which have a greater extent shall be set out in the notes to the Annex.(6) An amount of goodwill recorded on the assets side in accordance with Article 250 (3) of this Regulation shall be shown separately in the balance sheet or indicated in the Annex.(7) For the liability conditions referred to in § 251,
1.
is the disclaimer of liabilities and liabilities to be issued on the liabilities side of the Annex.
2.
to specify the liability conditions separately, specifying the pledge and other collateral granted, and
3.
Committed separately for retirement and obligations to affiliated or associated companies.
(8) Will itself be Intangible assets of fixed assets created in the balance sheet may be distributed only if the remaining freely available reserves after the payout plus a profit and less of a loss contribution shall be at least equal to the total amount of the amounts of the deferred tax deferred for that purpose. Where active deferred taxes are included in the balance sheet, the first sentence shall be applied to the amount by which the deferred tax assets exceed the deferred tax liabilities. In the case of assets within the meaning of the second sentence of Article 246 (2), the first sentence shall be applied to the amount less the deferred tax liabilities, which exceed the cost of acquisition.

Footnote

(+ + + § 268: For the purposes of the application, see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 269 (omitted)

A non-official table of contents

§ 270 Education of certain items

(1) Settings in the capital reserve and its resolution must already be made when drawing up the balance sheet.(2) If the balance sheet is drawn up taking into account the total or partial use of the annual result, the withdrawal from profit reserves and the adjustments in profit reserves which are based on the law, the social contract or the articles of association shall be , or have been decided on the basis of such rules, to take account of the balance sheet in the drawing up of the balance sheet. Non-official table of contents

§ 271 participations. Affiliated companies

(1) participations are shares in other companies which are intended to serve their own business operations by establishing a permanent link with those companies. It is not significant whether the shares in securities are securitised or not. Participation shall be presumed if the shares in a company as a whole are the fifth part of the nominal capital of that undertaking or, if a nominal capital is not present, the fifth part of the sum of all the shares in that company shall be exceeded. The calculation is to be applied in accordance with Section 16 (2) and (4) of the German Stock Corporation Act. Membership in a registered cooperative shall not be considered as a participation in the meaning of this book.(2) Affiliated undertakings within the meaning of this Book are those undertakings which, as parent companies or subsidiaries (§ 290), are to be included in the consolidated financial statements of a parent undertaking in accordance with the provisions on full consolidation which are deemed to be: The supreme parent company shall establish the most extensive consolidated financial statements in accordance with the second sub-section, even if the lineup does not apply, or that establishes or establishes a liberating consolidated financial statements in accordance with § § 291 or 292 Subsidiaries, which are not included in accordance with § 296, are also affiliated companies.

Footnote

(+ + + § 271: For application, see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 272 equity capital

(1) subscribed capital is the capital to which the liability of the shareholders for the liabilities of the capital company is is limited to creditors. It is to be used with the nominal amount. The unsolicited outstanding deposits on the subscribed capital shall be dismissed by the item entitled "subscribed capital"; the remaining amount shall be identified as the item "Requested Capital" in the main column of the Passive Side; the , but the amount not yet paid shall be indicated separately under the claims and shall be designated accordingly.(1a) The nominal amount or, if such a non-existence is not present, the calculated value of acquired own shares shall be deducted in the pre-column from the item entitled "subscribed capital". The difference between the nominal value or the calculated value and the acquisition cost of the own shares shall be offset by the freely available reserves. Expenses incurred by the acquisition costs are the expense of the financial year.(1b) After the sale of its own shares, the identity card referred to in the first sentence of paragraph 1a shall be deleted. A difference in the nominal value or the calculated value from the disposal proceeds shall be adjusted up to the amount of the amount calculated with the freely available reserves in the respective reserves. A difference in excess shall be set in the capital reserve referred to in paragraph 2 (1). The additional costs of the divestment are expenses of the financial year.(2) As a capital reserve,
1.
shall be the amount that shall be used in the issuing of shares, including: of reference shares above the nominal amount, or, if a nominal amount is not present, above the accounting level;
2.
the amount of the amount that shall be of debt securities for conversion rights and option rights for the acquisition of shares;
3.
the amount of payments granted to shareholders for the purpose of granting of a default for their shares;
4.
the amount of other payments that shareholders contribute to equity.
(3) The profit reserves may only be The amounts shown in the financial year or in an earlier financial year shall be shown in the results. This includes provisions to form statutory reserves or reserves based on articles of association or articles of association, and other retained earnings.(4) A reserve is to be formed for shares in a dominant or majority-participating undertaking. The reserve shall be adjusted to an amount corresponding to the amount applied on the assets side of the balance sheet for the shares in the dominant undertaking or by a majority of the undertakings concerned. The reserve, which is already to be drawn up in the drawing up of the balance sheet, may be made up of existing freely available reserves. The reserve shall be resolved in so far as the shares are sold, issued or drawn up in the dominant or majority-participating undertakings or a lower amount is paid on the assets side.(5) In the profit and loss account, the part of the annual surplus in the profit and loss account shall be superseted by the amounts received as dividends or shares or on the payment of which the capital company has a claim, the The difference shall be set in a reserve which is not allowed to be distributed. The reserve shall be disbursed as far as the capital company acquires the amounts or acquires a claim for payment.

footnote

(+ + + § 272: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 273 (omitted)

unofficial table of contents

§ 274 Latente Taxation

(1) The existence of differences between the commercial value of assets, debt and accounting policies and their tax value rates, which are likely to be deducted in subsequent financial years, A total tax burden resulting from this is to be regarded as a passive deferred tax (§ 266 (3) of the E.U.) in the balance sheet. A total tax relief resulting from this can be considered as active deferred taxes (§ 266 para. 2 D.) in the balance sheet. The resulting tax-relief and the resulting tax relief can also be set uncalculated. Tax loss proposals shall be taken into account in the calculation of active deferred taxes in the amount of the loss account to be expected within the next five years.(2) The amounts of the resulting tax burden and discharge are to be assessed with the company's individual tax rates at the time of the reduction of the differences and are not to be deducted from the tax. The declared items shall be disbursed as soon as the tax or discharge is no longer to be expected or no longer to be expected. The expense or income from the change of deferred taxes accounted for in the profit and loss account shall be shown separately under the heading "Tax on income and income". Non-official table of contents

§ 274a Size-dependent easing

Small capital companies are subject to the application of the following rules Exempt:
1.
§ 268 para. 4 sentence 2 on the obligation to explain certain claims in the Annex,
2.
§ 268, paragraph 5, sentence 3, on the explanation of certain liabilities in the appendix,
3.
§ 268 para. 6 above the invoice demarcation line item pursuant to § 250 para. 3,
4.
§ 274 on the delimitation Deferred tax.

Footnote

(+ + + § 274a: For application see Art. 75 (1) HGBEG + + +)

Third Title
Profit and loss account

A non-official table of contents

§ 275 Outline

(1) The profit and loss account is to be prepared in a staggering form according to the overall cost method or the sales cost method. In so doing, the items referred to in paragraph 2 or 3 shall be indicated separately in the order indicated.(2) If you apply the overall cost method, you must have the following:
1.
Revenue
2.
Increase or decrease the inventory of finished and unfinished products
3.
other activated Personal benefits
4.
Other operating income
5.
Material effort:
a)
expenses for raw, auxiliary, and operating materials, and for related goods
b)
Benefits for Benefits
6.
Personnel effort:
a)
Wages and salaries
b)
Social charges and expenses for retirement care and support, including retirement
7.
Depreciation:
a)
on intangible Assets of fixed assets and property, plant and equipment
b)
on assets of orbiting assets, insofar as these assets are the usual in the capital company. Write off write-
8.
other operating expenses
9.
Revenue from participations, of which affiliated companies
10.
Income from other securities and lending of financial assets, of which related Company
11.
Other interest and similar income, from affiliated companies
12.
Depreciation on Financial Assets and on Circulatory Assets
13.
Interest and Similar Expenses, of which related companies
14.
Tax on income and income
15.
Result after Taxes
16.
other taxes
17.
The year-to-year net loss.
(3) If you apply the sales cost method, you must show:
1.
Revenue
2.
Manufacturing cost of the services provided to achieve sales revenue
3.
Gross result of the Revenue
4.
Sales Cost
5.
General Administrative Cost
6.
other operating income
7.
other operating expenses
8.
Income from participations, of which related companies
9.
Income from other securities and Lending of financial assets, of which related companies
10.
Other interest and similar income, of which related enterprises
11.
Depreciation on Financial Assets and Revolving Assets
12.
Interest and Similar Expenses, of which related companies
13.
Tax on income and income
14.
Result after Taxes
15.
Other taxes
16.
Annual excess/year missum.
(4) Changes in capital and earnings reserves may not be included in the profit and loss account until after the post "Annual Excess/Annual Missum" shall be designated.(5) Micro-capital companies (§ 267a) may, instead of the stagings referred to in paragraphs 2 and 3, represent the profit and loss account as follows:
1.
sales revenue,
2.
other returns,
3.
Material Cost,
4.
Labor Cost,
5.
Depreciation,
6.
Other expenses,
7.
taxes,
8.
net profit/year-out amount.

footnote

(+ + + § 275: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 276 Size-dependent easing

Small and medium-sized corporations (§ 267 (1)) 1, 2) may the items § 275 (2) (1) to (5) or (3) (3) (1) to (3) and (6) to a post under the name "Roheroutcome". The facilitation according to the first sentence does not apply to micro-capital companies (§ 267a), which make use of the regulation of § 275 (5).

footnote

(+ + + § 276: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 277 Rules relating to individual items of the profit and loss account

(1) Revenue from the sale and the leasing or leasing of products, as well as the provision of services to the capital company after deduction of revenue and turnover taxes and other taxes directly related to turnover.(2) Changes in quantity shall be taken into account as regards both changes in the quantity and those of the value; however, depreciation shall be limited to the extent to which such depreciation does not exceed the depreciation otherwise usual in the capital company.(3) Non-scheduled depreciation in accordance with § 253 (3) sentences 5 and 6 shall be indicated separately or shall be indicated in the Annex. Income and expenses arising from loss-taking and profits resulting from a profit community, a profit or loss of profit or a partial profit or profit or a partial profit or loss transfer contract shall each be shown separately under the appropriate name.(4) (omitted) (5) Income from the deposit shall be shown separately in the profit and loss account under the item "Other interest and similar income" and expenses separately under the item "Interest and similar charges". Income from the currency translation are separately under the item "Other operating income" in the income statement and separately under the item "Other operating expenses"

Footnote

(+ + + § 277 para. 1: For application, see Art. 75 (2) HGBEG + + +)
(+ + + § 277 para. 3 u. 4: For use, see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 278 (omitted)

footnote

(+ + + § 278: For application see Art. 75 Para. 1 HGBEG + + +)

Fourth Title
(omitted)

Non-tampering table of contents

§ § 279 to 283 (dropped)

Fifth Title
Attachment

Non-official table of contents

§ 284 Explanation the balance sheet and the profit and loss account

(1) The notes to be included in the Annex are those required for each item in the balance sheet or in the profit and loss account; they are in the order of each item of the balance sheet and of the profit and loss account. The Annex shall also specify the information not included in the balance sheet or in the profit and loss account in the exercise of a right to vote.(2) In the Annex,
1.
applied to the items in the balance sheet and the profit and loss account statement and evaluation methods are indicated;
2.
deviations of accounting policies are indicated and justified; their influence on the Assets, financial position and earnings situation are to be presented separately;
3.
applying an evaluation method in accordance with § 240 (4), § 256 sentence 1, the differences in the amount of a flat-rate basis for the respective group, if the assessment has a significant difference compared to an assessment based on the last exchange rate or market price known before the closing date;
4.
Information about the inclusion of interest on foreign capital in the manufacturing costs.
(3) The annex shows the development of the individual assets in the investment of a separate breakdown. On the basis of the total cost of acquisition and production, the entries, declines, rebookings and attributions of the financial year as well as the depreciation are to be listed separately. The write-offs must be given separately:
1.
The depreciation of the total amount at the beginning and end of the fiscal year,
2.
the write-offs and
3.
changes in depreciation in the course of the fiscal year in of their total amount in connection with entry and departure as well as rebookings during the course of the financial year.
Where interest is included in the cost of the production, the amount of the investment shall be indicated for each item of fixed assets; has been activated in the fiscal year.

Footnote

(+ + + § 284: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 285 Other mandatory data

Furthermore, the appendix specifies:
1.
to the accounts shown in the balance sheet Liabilities
a)
the total amount of liabilities with a residual maturity of more than five years,
b)
the total amount of liabilities secured by pledge rights or similar rights, specifying the nature and form of the Collateral
2.
the breakdown of the information required in point 1 for each item of liabilities according to the mandatory Breakdown scheme;
3.
Nature and purpose, and risks, benefits, and financial impact of non-balance-sheet transactions, to the extent that the risks and benefits is essential and the disclosure is necessary for the assessment of the financial position of the company;
3a.
the total amount of other financial obligations, which are not included in the balance sheet and which are not to be specified in accordance with Article 268 (7) or (3), provided that this information is relevant to the assessment of the financial situation; of which obligations relating to retirement provision and to specify separately commitments to related or associated companies;
4.
the breakdown of turnover by activity and by Geographically defined markets where, taking into account the organisation of the sale, rental or leasing of products and the provision of services of the capital company, the fields of activity and geography different markets;
5.
(dropped)
6.
(omitted)
7.
the average number of employees employed during the fiscal year separated by groups;
8.
when applying the sales cost method (§ 275 para. 3)
a)
the material cost of the fiscal year, broken down according to § 275 para. 2 no. 5,
b)
the personnel costs of the Financial year, broken down according to § 275 para. 2 no. 6;
9.
for the members of the management body, of a supervisory board, of an advisory board or of a similar Set up for each
a)
person group for each of the activities in the fiscal year Total remuneration (salaries, profit-sharing, subscription rights and other equity-based remuneration, expenses, insurance fees, commissions and anceshates of any kind). The total deductions also include references which are not disbursed, but which are converted into claims of a different kind or used in order to increase other claims. In addition to the references for the financial year, the additional references granted in the financial year, but up to now have not been given in any annual financial statements. The number and the fair value of subscription rights and other forms-based remuneration shall be indicated at the time of their award; any subsequent changes in value based on a change in the conditions of exercise shall be taken into account. In the case of a listed public limited company, the remuneration of each individual member of the Management Board, broken down by performance-related and performance-related components as well as components with long-term incentive effect, is also given by name-name. to be specified separately. This also applies to:
aa)
Services to the Executive Board member in the event of premature termination of its activities;
bb)
Services promised to the Executive Board member in the event of a regular termination of his/her duties, with their Cash value, as well as the amount spent or repaid by the company during the financial year;
cc)
changes agreed during the fiscal year of these commitments;
dd)
Services promised to an earlier member of the Board of Management that has completed its activities during the financial year in this context and in the
Services granted to the individual Management Board member by a third party in respect of his/her duties as a member of the Management Board or granted in the financial year shall also be disclosed. If the annual accounts contain more detailed information on certain references, they must also be given individually;
b)
the total salaries (severance pay, pensions, Survivors ' benefits and related art) of the former members of the designated organs and their survivors. The provisions of point (a) and (3) shall apply accordingly. In addition, the amount of the provisions for current pensions and the amount of reserves not formed for such persons, and the amount of the provisions not formed for these obligations, shall be disclosed;
c)
the advances and credits granted, giving the interest rates, the essential conditions and the amounts repaid or adopted in the financial year, and the liability conditions received in favour of these persons
10.
all members of the management body and of a supervisory board, even if they are in the The financial year or later, with the surname and at least one written first name, including the profession exercised and on listed companies, also membership in supervisory boards and others Control panels within the meaning of Section 125 (1) sentence 5 of the German Stock Corporation Act. The Chairman of a Supervisory Board, his deputies and any Chairman of the Executive Board shall be designated as such;
11.
Name and seat of other members of the Board of Directors Enterprise, the amount of the share in the capital, the equity capital and the result of the last financial year of these undertakings for which an annual financial statement is present, in so far as it relates to holdings within the meaning of Article 271 (1) or such The share of a person is held for the account of the capital company;
11a.
The name, seat and legal form of the companies, the unrestricted members of which are the capital company;
11b.
of listed capital companies must disclose all holdings in large corporations, which represent 5 percent of the voting rights
12.
Repositions not shown separately in the balance sheet under the heading "other provisions" shall be explained if they do not include: an insignificant amount;
13.
An explanation of the period over which a goodwill acquired goodwill or goodwill is written off
14.
The name and location of the parent company of the capital company, which establishes the consolidated financial statements for the largest circle of enterprises, and the place where the parent company is responsible for the Consolidated financial statements issued to this parent company;
14a.
Name and seat of the parent company of the capital company, which is the consolidated financial statements for the parent company the smallest circle of enterprises, and the place where the consolidated financial statements issued by this parent company are available;
15.
as far as the group is concerned. Annex to the annual accounts of a commercial company within the meaning of Section 264a (1), the name and registered office of the companies that are personally liable partners, and their subscribed capital;
15a.
the existence of vouchers, enjoyment rights, convertible bonds, warrants, options, evictions or similar securities or rights, with the indication of the The number and the rights they securitised;
16.
that the declaration prescribed in accordance with Section 161 of the German Stock Corporation Act (AktG) has been made and where it has been made publicly available is;
17.
the total amount calculated by the auditor for the financial year, broken down into the fee for
a)
the auditor performance,
b)
other acknowledgment achievements,
c)
Tax consulting services,
d)
other services,
to the extent that the disclosures are not included in a company-related consolidated financial statements;
18.
for financial assets (§ 266 para. 2 A. III.) Financial instruments included above their fair value, as an unscheduled depreciation under Section 253 (3) sentence 6 is not required,
a)
the book value and the fair value of each asset or appropriate groupings, and
b)
the reasons for the ominy of the write-down, including the evidence suggesting that the impairment is not likely to last is;
19.
for each category of derivative financial instruments not recognised at fair value,
a)
their type and scope,
b)
its fair value as far as it can be reliably determined in accordance with § 255 (4), stating the valuation method used,
c)
their book value and balance sheet, in which the book value, if any, is collected, and
d)
the reasons why the fair value cannot be determined;
20.
for according to § 340e paragraph 3, first sentence, financial instruments valued at fair value
a)
the basic financial instruments Assumptions based on the determination of fair value using generally accepted valuation methods, and
b)
Scope and type of each Category of derivative financial instruments, including the essential conditions which may affect the amount, timing and security of future cash flows;
21.
at least the non-market-related terms of business, as far as they are essential, with nearby companies and persons, including information on the nature of the Relationship, the value of the transactions as well as other information necessary for the assessment of the financial situation, with the exception of transactions with and between the medium or directly in 100% shareholes in a consolidated financial statements -related entities; business information may be aggregated by type of business, provided that the separate statement is not necessary to assess the impact on the financial situation;
22.
in the case of activation pursuant to § 248 (2), the total amount of research and development costs of the financial year, as well as the intangible material created by the company itself. Assets of fixed assets amount;
23.
for application of § 254,
a)
the amount of each asset, debt, floating business, and high Probability of expected transactions to cover which risks are included in which types of assessment units, and the level of risk covered by valuation units,
b)
for the risks that are hedged in each case, why, to what extent, and for what period of time, the contrary value changes or cash flows are likely to be offset in future including the determination method,
c)
an explanation of the high probability expected transactions that are included in valuation units. ,
to the extent that the information is not reported in the management report;
24.
on the provisions for pensions and similar obligations the applied actuarial calculation methods as well as the basic assumptions of the calculation, such as interest rate, expected wage increases, and underlying death tables;
25.
in the case of the settlement of assets and liabilities in accordance with § 246 (2) sentence 2, the acquisition costs and the fair value of the assets that have been invoiced, the Amount of the settlement of the calculated debt as well as the calculated charges and income; point 20 (a) shall be applied accordingly;
26.
to shares Special assets within the meaning of Article 1 (10) of the Capital Investment Code or investment shares in investment securities companies with variable capital in the sense of § § 108 to 123 of the Capital Investment Code or comparable EU investment assets or comparable foreign investment assets of more than the tenth part, broken down by investment objectives, the value of which is in the sense of § § 168, 278 of the capital investment code or the § 36 of the investment law in the up to the 21. July 2013, or similar foreign regulations on the determination of the market value, the difference to the carrying amount and the distribution of the financial year, as well as restrictions on the possibility of daily return; In addition, the reasons for the fact that a depreciation has remained in accordance with Article 253 (3), sentence 6, including evidence suggesting that the impairment is not likely to be permanent; No 18 is not in this respect ;
27.
For liabilities and liability relationships shown in the Annex in accordance with Section 268 (7) Section 1 of the Annex, the reasons for the assessment of the risk of the Use;
28.
the total amount of the amounts in the sense of § 268 (8), broken down into amounts from the activation of self-created immaterial Assets of fixed assets, amounts arising from the activation of deferred taxes and from the activation of assets at fair value;
29.
on which differences or tax loss presentations the deferred tax is based and with which tax rates the rating has been made;
30.
if deferred tax liabilities are included in the balance sheet, the deferred tax balances at the end of the financial year and the changes made in the course of the fiscal year to these Balances;
31.
the amount and nature of the individual income and expenses of exceptional magnitude or of exceptional importance, to the extent that the amounts are are not of secondary importance;
32.
an explanation of the individual income and expenses with regard to their amount and their nature, the amount of the income and expenses incurred by another The financial year shall be attributed to the financial year, in so far as the amounts are not of secondary importance;
33.
Operations of particular importance following the end of the financial year , and are not taken into account either in the profit and loss account or in the balance sheet, indicating their nature and financial implications;
34.
Proposal for the use of the result or the decision on its use.

Footnote

(+ + + § 285: For application see Art. 75 (1) HGBEG + + +) A non-official table of contents

§ 286 refrain from disclosures

(1) Reporting has to be maintained in so far as it is for the good of the Federal Republic of Germany or of one of its countries is required.(2) The breakdown of turnover in accordance with Section 285 (4) may be maintained in so far as the breakdown by sound commercial assessment is likely to cause a significant disadvantage to the capital company; the application of the derogation shall be indicated in the Annex.(3) The information according to § 285 nos. 11 and 11b may not be given as far as they
1.
for the presentation of the The assets, financial position and earnings situation of the capital company according to § 264 (2) are of secondary importance or
2.
according to a reasonable commercial assessment are likely to have a significant disadvantage to the capital company or to the other company.
The indication of the equity and the annual result may be lost if the company to which it has been reported is to report its The annual accounts shall not be disclosed and the reporting capital company may not exercise any dominant influence on the undertaking concerned. Sentence 1 no. 2 shall not apply if the capital company or one of its subsidiaries (§ 290 (1) and (2)) is capital-market-oriented in the sense of § 264d at the end of the closing date. In addition, the application of the derogation provided for in the first sentence of the first sentence of paragraph 2 shall be indicated in(4) In the case of companies which are not listed companies, the information required in Article 285 (9) (a) and (b) of the general terms and conditions of the persons referred to in Article 285 (9) (a) and (b) may not be used if the references of a company to a public limited company are subject to the following: Member of these institutions shall establish.(5) The information required in Section 285 (9) (a) sentence 5 to 8 shall not be provided if the General Meeting has decided to do so. A decision, which may be taken for a maximum of five years, requires a majority of at least three quarters of the share capital represented in the decision-making process. Section 136 (1) of the German Stock Corporation Act applies accordingly to a shareholder whose remuneration as a member of the Management Board is affected by the decision-making.

Footnote

(+ + + § 286: For the application, see Art. 75 (1) HGBEG + + +) Table of Contents

§ 287 (omitted)

Non-official Table of contents

§ 288 Facilitation of size

(1) Small capital companies (§ 267 (1)) do not need
1.
the information in accordance with § 264c (2) Sentence 9, § 265 (4) sentence 2, § 284 Paragraph 2, point 3, paragraph 3, § 285 number 2, 3, 4, 8, 9 letter a and b, number 10 to 12, 14, 15, 15a, 17 to 19, 21, 22, 24, 26 to 30, 32 to 34;
2.
to split by group when specified in accordance with § 285, point 7;
3.
when specified in § 285 Point 14a shall indicate where the consolidated financial statements issued by the parent undertaking are available.
(2) Medium-sized capital companies (§ 267 (2)) do not require the indication in accordance with Section 285 (4), (29) and (32). If they do not make the claim in accordance with Section 285 (17), they shall be obliged to transmit them to the Chamber of Auditors on their written request. They need to provide the information in accordance with Section 285 (21) only if the transactions are directly or indirectly with a shareholder, company in which the company itself holds a holding, or members of the business management, supervisory or supervisory authorities, or

Footnote

(+ + + § 288: For the application, see Art. 75 (1) HGBEG + + +)

Sixth Title
Situation Report

unofficial table of contents

§ 289 content of the management report

(1) The management report includes the business process including the business result and the location of the capital company to show that a true and fair picture is given. It shall contain a balanced and comprehensive analysis of the course of business and of the situation of the company, in line with the scope and complexity of the business. The analysis shall include the financial performance indicators most important for the business activity and shall be explained by reference to the amounts and information shown in the annual accounts. In addition, the management report shall assess and explain the likely development with its essential opportunities and risks; the underlying assumptions shall be stated. The legal representatives of a capital company within the meaning of § 264 (2) sentence 3 have to reassure that according to the best knowledge in the management report the business development including the business result and the location of the capital company so are shown to give a true and fair view, and that the main opportunities and risks are described in the sense of sentence 4.(2) In the situation report it is also possible to enter:
1.
a)
the company's risk management goals and methods, including their methods of protection all important types of transactions that are recorded in the accounting of hedging transactions, as well as
b)
the price change, outage, and Liquidity risks as well as the risks arising from fluctuations in the flow of payments to which the company is exposed
in each case with respect to the use of financial instruments by the company, and where this is necessary for the assessment of the situation or of the expected development;
2.
the Research and Development area;
3.
existing branches of the company;
4.
the broad lines of the remuneration system of the Company for the total references referred to in section 285 no. 9, in so far as it is a listed public limited company. If information is also made in accordance with § 285 No. 9 (a) sentence 5 to 8, these may not be listed in the appendix.
If the appendix contains information in accordance with Section 160 (1) (2) of the German Stock Corporation Act (AktG), it must be referred to in the management report.(3) In the case of a large capital company (section 267 (3)), the third sentence of paragraph 1 shall apply, in accordance with non-financial performance indicators, such as information on environmental and employee concerns, insofar as they are relevant to the understanding of the course of business or to the situation are of importance.(4) Shareholding companies and limited liability companies on shares which take up an organized market within the meaning of Section 2 (7) of the German Securities Acquisition and Takeover Act by voting shares issued by them shall have the following: specify:
1.
the composition of the subscribed capital; for different classes of shares, indicate the rights and obligations of each class and the share of the share capital, in so far as the information is not included in the Annex;
2.
Restrictions, the voting rights or the transfer of shares, even if they can arise from agreements between shareholders, insofar as they are applicable to the board of directors of the
3.
direct or indirect shareholdings in the capital exceeding 10% of the voting rights, to the extent that the information is not included in the Annex.
4.
the holders of shares with special rights giving control powers; the special rights are to be described;
5.
the type of voting rights control when employees are involved in the capital and do not exercise their control rights directly;
6.
the statutory provisions and provisions of the Articles of Association on the appointment and dismise of the members of the Executive Board and on the amendment of the Articles of Association;
7.
The Board's powers in particular with regard to the ability to issue or buy back shares;
8.
essential agreements of the company, which are subject to a change of control as a result of a takeover bid, and the resulting effects; the indication may be where it is appropriate to inflict a significant disadvantage on the company, without prejudice to the obligation to provide the company in accordance with other statutory provisions;
9.
Compensation agreements of the company that have been made in the event of a takeover bid with the members of the management board or employees, as far as the information is not available in the
If you are required to make a statement in accordance with the first sentence of the Annex, you should refer to the report in the management report.(5) Capital companies in the sense of § 264d have to describe in the management report the essential characteristics of the internal control and risk management system with regard to the accounting process.

Footnote

(+ + + § 289: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 289a Corporate Governance Statement

(1) listed companies and listed companies Stock companies which have issued only other securities as shares for trading in an organised market within the meaning of Section 2 (5) of the Securities Trading Act and whose issued shares are issued on their own initiative via a the multilateral trading system in the meaning of section 2 (3) sentence 1 no. 8 of the Securities Trading Act, has to include a statement on the management of the company in its management report, which forms a separate section there. It can also be made publicly available on the website of the company. In this case, a reference shall be made to the management report which shall include the indication of the website.(2) The statement on corporate governance shall include
1.
the declaration in accordance with § 161 of the Stock law;
2.
relevant information on corporate governance practices that are applied beyond the legal requirements, including where they are publicly available
3.
a description of the functioning of the Board of Management and the Supervisory Board, as well as the composition and operation of its committees; Information on the company's website is publicly available, can be referred to it;
4.
for publicly listed companies, the stipulations of the company are: Section 76 (4) and § 111 (5) of the German Stock Corporation Act (AktG) and the indication of whether the specified target sizes have been reached during the reference period and, if not, information on the reasons.
(3) On listed limited partnerships Shares shall be applied in accordance with paragraphs 1 and 2.(4) Other companies, their representative body and supervisory board according to § 36 or § 52 of the Act concerning companies with limited liability or pursuant to Section 76 (4) of the German Stock Corporation Act, also in conjunction with § 34 sentence 2 and § 35 (3) sentence 1 of the Insurance Supervision Act, or in accordance with Section 111 (5) of the German Stock Corporation Act, also in conjunction with Section 35 (3), first sentence, of the Insurance Supervision Act (Insurance Supervision Act), target sizes for the percentage of women and deadlines for achieving them , they shall include in their annual report as a separate section a statement of management with the specifications and information referred to in paragraph 2, point 4; the second sentence of paragraph 1 shall apply mutatily. Companies which are not obliged to disclose a management report shall draw up a declaration containing the provisions and information referred to in paragraph 2, point 4, and shall publish them in accordance with the second sentence of paragraph 1. You can also fulfill this obligation by disclosure of a management report that is created in accordance with the first sentence.

Second Subsection
Consolidated Financial Statements and Group Management Report

First Title
Scope

Non-Official Table of Contents

§ 290 mandatory Installation

(1) The legal representatives of a capital company (parent company) with registered office in Germany have a consolidated financial statements and a consolidated financial statements in the first five months of the Group financial year for the past Group fiscal year. Group management report if it is able to exert a dominant influence on another company (subsidiary) in an unmean or indirect way. If the parent company is a capital company within the meaning of section 325 (4) sentence 1, the consolidated financial statements and the group management report are to be drawn up for the past Group fiscal year in the first four months of the Group financial year.(2) The controlling influence of a parent company always exists when
1.
with another The majority of the shareholders 'voting rights are entitled to the majority of the shareholders' voting rights;
2.
the majority of the members of the finance company are entitled to the right to vote in another company. administrative, management or supervisory bodies, and at the same time it is a shareholder;
3.
the right to appoint a management, management or supervisory body is entitled to determine the financial and business policies on the basis of a domination contract concluded with another company or by reason of a provision in the other company's articles of association, or
4.
it takes the majority of the risks and opportunities of a company in economic terms to achieve a narrowly defined and defined goal of the parent company (special purpose vehicle). In addition to companies, special-purpose companies may also be other legal persons of private law or independent special assets of private law, with the exception of special special assets in the sense of § 2 (3) of the investment act, or Comparable foreign investment assets or open domestic special AIF established as special assets with fixed investment conditions in the sense of Section 284 of the Capital Investment Code or comparable EU investment assets or foreign Investment assets which are comparable to the outstanding domestic special AIF established as special assets under fixed investment conditions in the meaning of Section 284 of the Capital Investment Code.
(3) As rights which a parent undertaking has to , the rights to which another subsidiary is granted shall also apply and the rights to which the parent undertaking or subsidiary is responsible shall be granted. Rights granted to a parent undertaking in another undertaking shall be added to the rights of the parent undertaking or of one of its subsidiaries, on the basis of an agreement with other shareholders of that undertaking, can. Deducting are rights that
1.
are associated with shares held by the parent company or by its parent company. Subsidiaries are held on behalf of another person, or
2.
are associated with shares held as security, provided that these rights are respected by: Instruction of the guarantor or, if a credit institution holds the shares as collateral for a loan, is exercised in the interests of the guarantor.
(4) Which part of the voting rights is attributed to a company shall be determined for the Calculation of the majority referred to in paragraph 2 (1) according to the ratio of the number of voting rights which it may exercise from the shares belonging to it to the total number of all voting rights. Of the total number of voting rights, the voting rights shall be deducted from their own shares belonging to the subsidiary undertaking itself, to one of its subsidiaries, or to another person for the account of such undertakings.(5) A parent company shall be exempt from the obligation to draw up a consolidated financial statements and a group management report if it has only subsidiaries which do not need to be included in the consolidated financial statements in accordance with § 296. Non-official table of contents

§ 291 Liberation effect of EU/EEA consolidated financial statements

(1) A parent undertaking which is also a subsidiary of a parent company A parent undertaking established in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area, does not need to draw up a consolidated financial statements and a group management report if: the consolidated financial statements and the group management report of its parent undertaking, including the confirmatory note or endorsement, as set out in paragraph 2, in accordance with the terms of the consolidated financial statements and the notes to the consolidated financial statements and The group management report is disclosed in German language. A liberating consolidated financial statements and a liberating group management report may be drawn up by any company, irrespective of its legal form and size, if the company is a capital company established in a Member State of the The European Union or any other State Party to the Agreement on the European Economic Area would be obliged to draw up consolidated financial statements, including the parent undertaking to be exempted and its subsidiaries.(2) The consolidated financial statements and the group management report of a parent company established in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area shall have a liberating effect when
1.
the parent company to be liberated and its subsidiaries in the liberating consolidated financial statements without prejudice to § 296,
2.
the liberating consolidated financial statements in accordance with the law applicable to the parent company in accordance with the Directive 2013 /34/EU or in accordance with the international accounting standards referred to in § 315a (1) and considered in accordance with Directive 2006 /43/EC,
3.
the liberating group management report is drawn up in accordance with the law applicable to the parent company in accordance with Directive 2013 /34/EU and in accordance with Directive 2006 /43/EC ,
4.
The Annex to the annual accounts of the company to be exempted shall contain the following information: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
Name and seat of the parent company, which is the liberating consolidated financial statements and the group management report ,
b)
a reference to the exemption from the obligation to draw up a consolidated financial statements and a group management report, and
c)
an explanation of the balancing, valuation and consolidation methods used in the liberating consolidated financial statements of German law
credit institutions and insurance undertakings; without prejudice to the other conditions set out in the first sentence, the establishment of the liberated consolidated financial statements and of the liberating group management report shall be in accordance with the provisions of the Council Directive 86 /635/EEC of 8 June 2001 on the December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 327, 28.12.1986, p. EC No 1) and, in the case of insurance undertakings, in accordance with Council Directive 91 /674/EEC of 19 June 1991. 1 December 1991 on the annual accounts and consolidated annual accounts of insurance undertakings (OJ L 327, 31.12.1991, p. EC No 7) should be carried out in their respective versions.(3) The exemption provided for in paragraph 1 may not be used by a parent undertaking, notwithstanding the conditions laid down in paragraph 2, if
1.
the parent company to be liberated an organized market within the meaning of Section 2 (5) of the Securities Trading Act by securities issued by him in the meaning of § 2 (1) of the German Securities Trading Act. Securities trading law,
2.
Shareholders who, in the case of limited liability companies and limited partnerships, have at least 10 of the hundred and at least 10 shares in the Limited liability companies of at least 20 per cent of the shares in the parent undertaking to be exempted shall include the establishment of a consolidated financial statements and a consolidated financial statements no later than six months before the end of the Group's financial year. Group management report requested.

Footnote

(+ + + § 291: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 292 

(1) A parent undertaking which, at the same time, is a subsidiary of a parent undertaking established in a State which is not a member of the European Union and also a non-Contracting State of the European Union. The Agreement on the European Economic Area does not require a consolidated financial statements and a group management report if this other parent company has a consolidated financial statements corresponding to section 291 (2) (1) (exemption from the consolidated financial statements) Consolidated financial statements) and group management report (liberating group management report), as well as all of the following conditions are fulfilled:
1.
the liberating Consolidated financial statements shall be drawn up as follows:
a)
in accordance with the law of a Member State of the European Union or of another Contracting State of the Agreement on The European Economic Area, in accordance with Directive 2013 /34/EU,
b)
in accordance with the international law referred to in § 315a (1) Accounting standards,
c)
such that it is equivalent to a consolidated financial statements prepared in accordance with the specifications referred to in point (a), or
d)
such that it complies with international accounting standards as set out in Commission Regulation (EC) No 1569/2007 of 21 December 2007. 1 December 2007 establishing a mechanism for determining equivalence of accounting standards applied by third country issuers in accordance with Directives 2003 /71/EC and 2004 /19/EC of the European Parliament and of the Council (OJ L 136, 31.7.2003, p. 66), as amended by the Delegates Regulation (EU) No 310/2012 (OJ L 327, 22.12.2007, p. 11), as amended;
2.
the liberating group management report shall be published in accordance with the conditions laid down in the set out in paragraph 1 (a), or is equivalent to a group management report drawn up in accordance with those provisions;
3.
the liberating Consolidated financial statements have been audited by one or more auditors or by one or more audit firms which, under the national law applicable to the undertaking which has drawn up the financial statements, for the examination of annual financial statements;
4.
The liberating consolidated financial statements, the liberating group management report and the audit opinion shall be approved in accordance with the Consolidated financial statements and group management report have been disclosed in German language.
(2) The liberating effect occurs only if the accounts of the company to be exempted are listed in § 291 of the annual financial statements of the company to be exempted. in paragraph 2, point 4, the information shall be given in addition to the provisions referred to in paragraph 1 (1) and, where appropriate, the law of which State of the liberating consolidated financial statements and the exemption from the exemption Group management report have been drawn up. In addition, Article 291 (2), second sentence, and paragraph 3 shall apply accordingly.(3) If a consolidated financial statements as approved in accordance with paragraph 1 have not been examined by a statutory auditor approved in accordance with the provisions of Directive 2006 /43/EC, it shall be exempted only if the statutory auditor has one of the following: Whereas the requirements of this Directive have equivalent qualifications and that the consolidated financial statements have been examined in a manner consistent with the requirements of the third subsection; Statutory auditors of undertakings established in a third country, not in accordance with the provisions of Directive 2006 /43/EC, in the meaning of the first sentence of Article 3 (1) of the Public Accountant Code, the securities of which are in the meaning of Section 2 (1) of the The German Securities Trading Act (Securities Trading Act) on a domestic stock exchange is admitted to trading on the regulated market only if it is equivalent to the requirements of the Directive if it has been approved by the Chamber of Auditors pursuant to Section 134 (1) of the German Securities Trading Act (Wirtschaftsprüferkammer). audit order or equivalence is recognized in accordance with § 134 (4) of the Public Accountant Code. Sentence 2 shall not apply to the extent that only debt securities in the meaning of Section 2 (1) (3) of the Securities Trading Act with a minimum denomination of EUR 50 000 or a corresponding amount of other currency on a domestic stock exchange shall not be applied. Trade in the regulated market is authorised. In the case of the second sentence, the audit opinion referred to in point 4 of paragraph 1 shall also be accompanied by a certificate from the Chamber of Auditors in accordance with Section 134 (2a) of the Rules of Auditors on the registration of the auditor or a confirmation of the auditor's certificate. The Chamber of Auditors, pursuant to § 134 (4), second sentence, of the Code of Auditors on the exemption from the obligation to deposit.

Footnote

(+ + + § 292: For application cf. Art. 75 (1) HGBEG + + +) Table of Contents

§ 292a

(omitted) Non-official Table of contents

§ 293 Size Dependent Exemptions

(1) A parent company is exempt from the obligation to draw up a consolidated financial statements and a group management report if
1.
at the closing date of its annual financial statements and at least two of the previous closing date three characteristics below:
a)
The balance sheet in the balance sheets of the parent company and the balance sheet Subsidiaries that would be included in the consolidated financial statements exceed a total of EUR 24 000 000.
b)
The turnover of the parent company and of the parent company Subsidiaries that would be included in the consolidated financial statements exceed a total of EUR 48 000 000 in the twelve months preceding the closing date.
c)
In the twelve months preceding the closing date, the parent undertaking and its subsidiaries, which would be included in the consolidated financial statements, have not more than 250 employees;
2.
on the final date of a consolidated financial statement to be set up by it, and at least two of the following three characteristics at the preceding closing date:
a)
The balance sheet total does not exceed 20 000 000 euros.
b)
The sales revenue in the 12 months before the closing date does not exceed € 40 000 000.
c)
The In the twelve months preceding the closing date, the parent undertaking and the subsidiaries included in the consolidated financial statements did not employ more than 250 employees on average.
Average number of employees is to be applied in section 267 (5).(2) In order to determine the balance sheet total, Section 267 (4a) shall be applied accordingly.(3) (omitted) (4) Except in the cases referred to in paragraph 1, a parent undertaking shall be exempted from the obligation to draw up the consolidated financial statements and the group management report if the conditions set out in paragraph 1 are met only at the closing date or on the basis of the , and the parent company was exempt from the obligation to draw up the consolidated financial statements and the group management report on the preceding closing date. Section 267 (4) sentences 2 and 3 shall apply accordingly.(5) Paragraphs 1 and 4 shall not apply if the parent undertaking or a subsidiary incorporated in its consolidated financial statements at the closing date is capital-market-oriented in the sense of § 264d or the provisions of the first or third party are

subsection of the fourth section is subject to

footnote

(+ + + § 293: refer to the application). Art. 75 (2) HGBEG + + +)

Second Title
Consolidation Circle

Non-official table of contents

§ 294 Insuring companies Template and disclosure requirements

(1) The parent company and the parent company are included in the consolidated financial statements to include all subsidiaries without regard to the seat and legal form of subsidiaries, unless the inclusion in accordance with § 296 is not.(2) Where the composition of the undertakings included in the consolidated financial statements has changed substantially in the course of the financial year, the consolidated financial statements shall include information enabling the successive consolidated financial statements to be made available to: to make sense.(3) The subsidiaries shall have their annual financial statements, individual accounts in accordance with § 325 (2a), annual reports, consolidated financial statements, group management reports and, if a final examination has taken place, the audit reports and, if an audit has been carried out, the parent company's financial statements. In the event of an interim conclusion, it is necessary to submit without delay a conclusion drawn up on the closing date of the consolidated financial statements. The parent company may require any subsidiary of any subsidiary company to provide information and evidence which requires the preparation of the consolidated financial statements and the group management report.

Footnote

(+ + + § 294: For the application, see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 295

(omitted) unofficial Table of contents

§ 296 waiver of inclusion

(1) A subsidiary does not need to be included in the consolidated financial statements if
1.
significant and persistent restrictions on the exercise of the rights of the parent company in relation to the assets or management of the parent company
2.
The information required for the preparation of the consolidated financial statements is not without excessive costs or unreasonable delays , or
3.
The shares of the subsidiary are held solely for the purpose of their resale.
(2) A subsidiary company needs to be not to be included in the consolidated financial statements if it is of secondary importance for the obligation to give a true and fair view of the assets, financial position and profit situation of the Group. Where a number of subsidiaries are in accordance with the condition set out in the first sentence, such undertakings shall be included in the consolidated financial statements if they are not of secondary importance.(3) The application of paragraphs 1 and 2 shall be justified in the context of the Group's annex.

Footnote

(+ + + § 296: For the purposes of application). Art. 75 (1) HGBEG + + +)

Third Title
Content and Form of Consolidated Financial Statements

unofficial table of contents

§ 297 content

(1) The consolidated financial statements consist of the consolidated balance sheet, the consolidated profit and loss and the profit and loss of the consolidated financial statements. Loss account, the Group's notes, the cash flow statement and the equity level. It can be extended to include segment reporting.(1a) In the consolidated financial statements, the company, the registered office, the register court and the number under which the parent company is entered in the commercial register shall be indicated. If the parent company is in liquidation or winding-up, this fact must also be disclosed.(2) The consolidated financial statements shall be drawn up clearly and clearly. In accordance with the principles of regular accounting, it has to provide a true and fair view of the assets, financial position and profit situation of the Group. If special circumstances lead to the consolidated financial statements not giving a true and fair view in the sense of the sentence 2, additional information shall be provided in the notes to the consolidated financial statements. The legal representatives of a parent company which is a domestic issuer within the meaning of Article 2 (7) of the German Securities Trading Act and not a capital company within the meaning of section 327a have to insure in writing at the time of signing that to the best of Knowledge of the consolidated financial statements provides a true and fair view within the meaning of the sentence 2 or the group attachment contains information in accordance with sentence 3.(3) In the consolidated financial statements, the assets, financial position and earnings situation of the undertakings included in the consolidated financial statements shall be presented as if they were a single undertaking as a whole. The consolidation methods applied to the previous consolidated financial statements should be maintained. Derogations from the second sentence shall be permitted in exceptional cases. They shall be stated in the context of the consolidated financial statements and shall be justified. Your influence on the Group's assets, financial position and performance is to be specified.

Footnote

(+ + + § 297: For application see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 298 applicable rules
easing

(1) The consolidated financial statements are, as far as its own character does not deviate from, or in the following § § 244 to 256a, 264c, 265, 266, 268 (1) to (7), § § 270, 271, 272 (1) to (4), § § 274, 275 and 277 on the annual accounts and those for the legal form and the branch of the business in the Consolidated financial statements of undertakings with registered offices within the scope of this Act, in so far as they apply to large corporations, shall apply accordingly.(2) The consolidated financial statements and the notes to the annual accounts of the parent company may be combined. In such a case, the consolidated financial statements and the annual accounts of the parent company must be disclosed jointly. The consolidated appendix must indicate what information relates to the Group and what information relates only to the parent company.

Footnote

(+ + + § 298: For application, see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 299 Key date for lineup

(1) The consolidated financial statements are on the closing date of the annual accounts of the parent company.(2) The annual accounts of the companies included in the consolidated financial statements are to be drawn up on the closing date of the consolidated financial statements. If the closing date of a company is more than three months prior to the closing date of the consolidated financial statements, that company shall be in the To include consolidated financial statements.(3) If a company is not included in the consolidated financial statements on the basis of an interim financial statements made on the reporting date and the period of the consolidated financial statements, operations shall be of special interest to the Importance for the assets, financial and earnings situation of an enterprise included in the consolidated financial statements, which occurred between the closing date of this company and the closing date of the consolidated financial statements, in the consolidated balance sheet and to take into account the consolidated profit and loss account or to indicate in the Group attachment.

Fourth Title
Full Consolidation

A non-official table of contents

§ 300 Consolidation principles
completeness offer

(1) In the consolidated financial statements, the annual accounts of the parent company with the annual accounts of the parent company are Subsidiaries. The assets, liabilities, accounting items and special items of the subsidiaries shall be replaced by the shares in the parent undertaking in respect of the parent undertakings, in so far as they are subject to the law of the subsidiary undertaking. The parent company shall be capable of accounting and the nature of the consolidated financial statements shall not be subject to any deviations or otherwise be determined in the following provisions.(2) The assets, liabilities and accounting items, as well as the income and expenses of the companies included in the consolidated financial statements, are complete irrespective of their consideration in the annual accounts of these companies. where, under the law of the parent undertaking, there is no prohibition on accounting or the right to balance the accounting system. According to the right of the parent company, eligible accounting voting rights may be exercised in the consolidated financial statements irrespective of their exercise in the annual accounts of the undertakings included in the consolidated financial statements. Approaches based on the application of rules applicable to credit institutions or insurance undertakings on the basis of the particularities of the business branch may be maintained; the application of this exemption shall be in the context of the Group's annex . Non-official table of contents

§ 301 Capital consolidation

(1) The value of the value of the shares belonging to the parent company in one in the The consolidated financial statements of subsidiaries shall be offset by the amount of the subsidiary capital of the subsidiary which has been deducted from these shares. The capital shall be charged with the amount corresponding to the time value of the assets, liabilities, accounting items and special items to be included in the consolidated financial statements, the amount of which shall be equal to that of the assets referred to in paragraph 2 of this Article. is to be attached at the relevant time. Provisions shall be assessed in accordance with Section 253 (1) sentences 2 and 3, para. 2 and deferred taxes in accordance with Section 274 (2).(2) The offsetting referred to in paragraph 1 shall be carried out on the basis of the valuation of the value at the time when the undertaking has become a subsidiary. If the value of the value is not finally determined at that time, they shall be adjusted within the following twelve months. Where a parent undertaking has a consolidated financial statements for the first time, the value of the investment shall be based on the date on which the subsidiary undertaking is included in the consolidated financial statements, unless the subsidiary undertaking is a subsidiary in the year , for which the consolidated financial statements are drawn up. The same applies to the first-time inclusion of a subsidiary, which has so far been waived in accordance with § 296. In exceptional cases, the rates of value added in accordance with the first sentence may also be used in the cases of sentences 3 and 4, which shall be indicated and justified in the context of the consolidated financial statements.(3) A difference remaining after the offset is in the consolidated balance sheet when it is generated on the assets side, as goodwill and, if it arises on the liabilities side, under the item " Differing amount from the Capital consolidation " according to the equity capital. The item and substantial changes compared to the previous year should be explained in the Group's annex.(4) Shares in the parent undertaking belonging to a subsidiary included in the consolidated financial statements are in the consolidated balance sheet as their own shares of the parent company with their nominal value or, if one does not exist, with their own shares of the parent company computer value, in the column open from the item "subscribed capital".

Footnote

(+ + + § 301: For application cf. Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 302 (omitted)

unofficial table of contents

§ 303 Debt Consolidation

(1) Lending and other claims, provisions and liabilities between the companies included in the consolidated financial statements and corresponding accounting items are to be omitted.(2) Paragraph 1 does not need to be applied if the amounts to be omitted are of minor importance for the transfer of an image of the Group's assets, financial position and profit situation corresponding to the actual situation. Non-official table of contents

§ 304 Treatment of interim results

(1) Assets to be transferred to the consolidated financial statements, which are wholly or partly based on deliveries or services between undertakings included in the consolidated financial statements, the consolidated balance sheet shall be subject to an amount to which it is based in the annual balance sheet of the consolidated financial statements of the consolidated financial statements of the consolidated financial statements of the consolidated financial statements of the consolidated financial statements of the consolidated financial statements of the consolidated Companies could be set up if the companies included in the consolidated financial statements were to form a single company legally.(2) Paragraph 1 does not need to be applied if the treatment of the interim results referred to in paragraph 1 for the provision of an image of the Group's assets, financial position and profit situation corresponding to the actual situation is only of is of secondary importance. Non-official table of contents

§ 305 Effort and revenue consolidation

(1) The consolidated income statement is
1.
the revenue from deliveries and services between the group's financial statements to be offset by an enterprise with the expenses incurred by them, provided that they are not to be used as an increase in the stock of finished and unfinished products or as other activated own services,
2.
other income from deliveries and services between the companies included in the consolidated financial statements with the expenses incurred by them, insofar as they are not considered to be
() expenditure and income need not be left out in accordance with paragraph 1 if the amounts to be taken away are for the provision of an image corresponding to the actual situation; the assets, financial position and profit situation of the Group are only of minor importance. Unofficial Table Of Contents

§ 306 Deferred Tax

Actions that have been carried out under the rules of this Title, on differences between the commercial valuation of assets, liabilities or accounting items and their tax value rates, these differences are likely to rise again in subsequent financial years, a as a whole, the resulting tax burden as a passive deferred tax and a total tax relief arising as active deferred taxes in the consolidated balance sheet. The resulting tax-relief and the resulting tax relief can also be set uncalculated. Differences from the initial approach of a difference in amount remaining in accordance with § 301 (3) remain unaccounted for. The same shall apply to differences between the tax value of a holding in a subsidiary, an associate or a joint venture in the sense of § 310 (1) and the commercial value of the investment in the the net assets attached to the consolidated financial statements. Section 274 (2) shall apply accordingly. The items may be combined with the items in accordance with § 274. Non-official table of contents

§ 307 Shares of other shareholders

(1) The consolidated balance sheet is for non-parent company shares in the consolidated financial statements to be drawn up separately for the shares of the other shareholders in the amount of their share of the equity capital under the item "non-controlling shares" within the equity capital.(2) In the consolidated profit and loss account, the profit in the annual profit and the loss after the item "annual excess/year loss" under the item "non-dominant" is the profit and loss to which other shareholders are entitled to the profit and loss account. Shares " separately.

Footnote

(+ + + § 307: For application see Art. 75 (1) HGBEG + + +)

Fifth Title
Assessment Provisions

unofficial table of contents

§ 308 Unity rating

(1) The assets and liabilities of the assets and liabilities of the consolidated financial statements entered in the consolidated financial statements pursuant to section 300 (2) In accordance with the valuation methods applicable to the annual accounts of the parent undertaking, the valuation methods shall be applied in a uniform manner. According to the right of the parent company, eligible valuation voting rights may be exercised in the consolidated financial statements irrespective of their exercise in the annual accounts of the undertakings included in the consolidated financial statements. Deviations from the valuation methods applied to the annual accounts of the parent company shall be indicated and justified in the context of the consolidated financial statements.(2) In the consolidated financial statements, assets or liabilities of the parent undertaking or of the subsidiaries in the annual accounts of those undertakings have been evaluated by methods different from those applied to the financial statements of the parent undertaking or of the subsidiaries of the parent undertaking or of the subsidiaries. If the consolidated financial statements are to be applied or which are applied to the consolidated financial statements by the legal representatives of the parent company in the exercise of valuation voting rights, the assets or liabilities valued by way of derogation shall be according to the to re-evaluate the valuation methods used for the consolidated financial statements and to take over the consolidated financial statements with the new ad valorings. Value rates based on the application of rules applicable to credit institutions or insurance undertakings due to the specificities of the business branch may be maintained; the application of this exemption shall be in the context of the Group's annex . A uniform assessment in accordance with the first sentence shall not be required if its effects on the transfer of a true and fair view of the assets, financial position and profit situation of the Group are not to be carried out by are of secondary importance. In addition, derogations are permissible in exceptional cases; they must be stated and justified in the context of the Group's notes.(3) (omitted) unofficial table of contents

§ 308a Restatement of financial statements denominated in foreign currency

The active and passive items of one of the following foreign currency is the balance sheet, with the exception of equity, which is to be converted into euro at the historical rate, to be converted into euro at the exchange rate exchange rate at the closing date of the closing date. The items in the profit and loss account are to be converted into euro at the average rate. A resulting conversion difference is to be shown within the Group's own capital after the reserves under the heading "Equity difference from currency translation". In the event of a partial or complete departure of the subsidiary, the item shall be resolved at the appropriate level in an effective manner. Non-official table of contents

§ 309 Treatment of the difference amount

(1) The depreciation of a business to be issued in accordance with Section 301 (3) Goodwill is determined in accordance with the provisions of the First Section.(2) A difference to be issued in accordance with § 301 (3) on the liabilities side may be resolved effectively, in so far as such a procedure is in accordance with the principles of § § 297 and 298 in conjunction with the provisions of the First Section

Footnote

(+ + + § 309: For application, see Art. 75 (1) HGBEG + + +)

Sixth Title
Share Consolidation

A non-official table of contents

§ 310 Consolidated Consolidation

(1) A parent company or subsidiary that is included in a consolidated financial statements will lead another company together with a or a number of undertakings not included in the consolidated financial statements, the other undertaking may be included in the consolidated financial statements in proportion to the shares of the parent undertaking.(2) § § § 297 to 301, § § 303 to 306, 308, 308a, 309 are to be applied accordingly to the partial consolidation.

Footnote

(+ + + § 310: For application cf. Art. 75 (1) HGBEG + + +)

Seventh Title
Associated Companies

Non-official table of contents

§ 311 Definition. Exemption

(1) A decisive influence on the business and financial policy of a non-inclusion company in which the company is involved in accordance with Article 271 (1) is exercised by a company incorporated in the consolidated financial statements. (Associated company), this participation in the consolidated balance sheet shall be given under a special item with a corresponding name. A significant influence shall be presumed if a company holds at least the fifth part of the shareholders ' voting rights in another undertaking.(2) Paragraph 1 and § 312 need not be applied to participation in an associated company if the participation in the placement of an image of the assets, financial position, and earnings situation corresponding to the actual situation of the Group is of secondary importance. Unofficial table of contents

§ 312 Value offset of participation and treatment of difference amount

(1) Participation in an associated Company is to be found in the consolidated balance sheet with the carrying amount. The difference between the carrying amount and the proportional share capital of the associated enterprise, as well as a goodwill or goodwill or goodwill amount contained therein, shall be stated in the consolidated financial statements.(2) The difference referred to in the second sentence of paragraph 1 shall be assigned to the value of the assets, liabilities, accounting items and special items of the associated undertaking in so far as their fair value is higher or lower than the value of the assets, liabilities, accounting and special items of the associated undertaking. is as their book value. The amount of the difference allocated in accordance with the first sentence shall be based on the treatment of the valuation of these assets, liabilities, accounts and special items in the financial statements of the associated company in the consolidated financial statements to continue, to write off or to dissolve. § 309 shall apply mutatily to a goodwill or goodwill amount remaining after the assignment of sentence 1. Section 301 (1) sentence 3 shall apply accordingly.(3) The value of the participation and the difference shall be determined on the basis of the valuation of the value at the time when the company has become an associate. If the value of the value is not finally determined at that time, they shall be adjusted within the following twelve months. Section 301, paragraph 2, sentences 3 and 4 shall apply accordingly.The value of a holding determined in accordance with paragraph 1 shall, in the following years, be increased or increased by the amount of changes in capital which correspond to the shares in the associated undertaking ' s capital belonging to the parent undertaking. ; to reduce the amount of profits generated by the participation. In the consolidated profit and loss account, the result resulting from associated participations shall be shown under a separate item.(5) In its annual accounts, the associated company shall terminate valuation methods which deviate from the consolidated financial statements and may, by way of derogation, for the purposes of paragraphs 1 to 4, be subject to valuation methods valued at the consolidated financial statements. assessment methods applied. If the evaluation is not adjusted, this shall be stated in the consolidated financial statements. § § 304 and 306 shall be applied accordingly, in so far as the facts relevant to the assessment are known or accessible.(6) The last annual accounts of the associated undertaking shall be used in each case. If the associated company presents a consolidated financial statement, it must be assumed by this company and not by the annual accounts of the associated company.

footnote

(+ + + § 312: For application, see Art. 75 (1) HGBEG + + +)

Achter Title
Group Attachment

Non-Official Table of Contents

Section 313 Explanation of Group Balance and the consolidated profit and loss account. Details of the holding of shares.

(1) The group notes include those required for individual items in the consolidated balance sheet or in the consolidated income statement; these figures are in the order of the individual items of the consolidated balance sheet and the consolidated profit and loss account. The Group notes also include the information not included in the consolidated balance sheet or the consolidated profit and loss account in the exercise of an electoral law. In the context of the Group,
1.
must be based on the items in the consolidated balance sheet and the consolidated profit and loss group Accounting policies applied;
2.
Deviations of accounting policies, valuation methods and consolidation methods specified and justified; their influence on the assets, financial position and earnings situation of the Group shall be presented separately.
(2) In the context of the consolidated financial statements, the following shall also be stated: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
The name and location of the companies included in the consolidated financial statements, the share of the capital of the companies subsidiaries owned or held by the parent undertaking and the subsidiaries included in the consolidated financial statements, or by a person acting on behalf of those undertakings, and of the subsidiary undertaking to be included in the consolidated financial statements mandatory facts, provided that the inclusion is not based on a majority of the voting rights corresponding to the equity participation. This information shall also be made for subsidiaries which have not been included in accordance with Section 296;
2.
The name and registered office of the associated companies, the share of capital the associated undertaking owned or held by the parent undertaking and the subsidiaries included in the consolidated financial statements or by a person acting on behalf of those undertakings. The application of Section 311 (2) shall be indicated and justified in each case;
3.
The name and registered office of the companies which, in accordance with § 310, are only included in the consolidated financial statements in part , the facts resulting from the application of this provision, and the share of the capital of those undertakings which is part of the parent undertaking and the subsidiaries included in the consolidated financial statements, or of one for the purpose of taking account of of these companies is held;
4.
The name and location of other companies, the amount of the share in the capital, the equity and the result of the last For the financial year of these undertakings for which an annual financial statement is available, in so far as it relates to holdings within the meaning of Article 271 (1), or to a person for the account of the parent undertaking or of another person in the
5.
all participations in large corporations not listed under points 1 to 4, which are listed in the following: percent of the voting rights if they are held by a listed parent company, listed subsidiaries or by a person acting on behalf of a person acting on behalf of a parent company;
6.
The name, seat and legal form of the companies whose unrestricted shareholders are the parent company or another company incorporated in the consolidated financial statements ,
7.
The name and registered office of the company which establishes the consolidated financial statements for the largest group of undertakings to which the parent undertaking as a subsidiary , and, in the case of disclosure of the consolidated financial statements issued by that other parent undertaking, the place where it is available;
8.
Name and seat of the Undertaking setting up the consolidated financial statements for the smallest circle of undertakings to which the parent undertaking is a subsidiary and, in the case of disclosure of the consolidated financial statements issued by that other parent undertaking, the place where it is available.
(3) The information required in paragraph 2 does not need to be provided in so far as, according to a reasonable commercial assessment, it must be expected that the information provided by the parent undertaking, subsidiary undertakings or any other undertaking referred to in paragraph 2 may have significant disadvantages. The application of the derogation shall be indicated in the context of the consolidated financial statements. Sentence 1 shall not apply if a parent undertaking or one of its subsidiaries is capital-market-oriented in the sense of Section 264d. The information referred to in paragraph 2 (4) and (5) need not be made if they are of secondary importance for the mediation of a true and fair picture of the assets, financial position and performance of the group. The obligation to specify the capital and the result referred to in paragraph 2 (4) shall not be fulfilled even if the shareholesing company does not disclose its annual accounts.(4) § 284 (2) (4) and (3) shall apply accordingly.

footnote

(+ + + § 313: For application, see Art. 75 (1) HGBEG + + +) Non-official Table of contents

§ 314 Other mandatory details

(1) The group attachment must also specify:
1.
the total amount of liabilities shown in the consolidated balance sheet with a remaining term of more than five years as well as the total amount of the balance sheet reported in the consolidated balance sheet Liabilities that are secured by pledge rights or similar rights by entities included in the consolidated financial statements, specifying the type and form of collateral;
2.
The nature and purpose as well as the risks, benefits and financial implications of the parent company's operations not included in the consolidated balance sheet and those included in the consolidated financial statements -related subsidiaries, to the extent that the risks and benefits are essential and the disclosure is necessary to assess the financial position of the Group;
2a.
the total amount of other financial commitments not included in the consolidated balance sheet and which are not in accordance with Section 298 (1) in conjunction with Section 268 (7) or after Point 2, provided that this information is relevant to the assessment of the financial position of the Group, including obligations relating to retirement provision and obligations to subsidiaries not included in the
3)
3.
the breakdown of the Group's sales revenue by the following year: fields of activity and geographically determined markets, in so far as the fields of activity and services of the Group are concerned, taking into account the organisation of the sale, rental or lease of products and the provision of services of the Group. different geographically defined markets;
4.
the average number of employees of the enterprises included in the consolidated financial statements during the financial year, separately by group and separately for the companies which are only partly consolidated in accordance with § 310, and, if it is not separately shown in the consolidated income statement, in the financial year Total staff expenses, broken down by wages and salaries, costs of social security and pension costs;
5.
(omitted)
6.
for the members of the business management body, a supervisory board, an advisory board, or A similar institution of the parent company, each for each group of persons:
a)
which shall be used for the the performance of its tasks in the parent company and its subsidiaries in the financial year (salaries, profit-sharing, subscription rights and other equity-based remuneration, expenses, insurance charges, Commission and ancisal services of any kind). The total deductions also include references which are not disbursed, but which are converted into claims of a different kind or used in order to increase other claims. In addition to the financial statements for the financial year, the additional references granted in the financial year, but up to now have not been specified in any consolidated financial statements. The number and the fair value of subscription rights and other forms-based remuneration shall be indicated at the time of their award; any subsequent changes in value based on a change in the conditions of exercise shall be taken into account. If the parent company is a listed company, the remuneration of each individual member of the Management Board is also allocated under the name of the parent company, broken down by performance-independent and performance-related components as well as components with a long-term Irritating effect, to be specified separately. This also applies to:
aa)
Services to the Executive Board member in the event of premature termination of its activities;
bb)
Services promised to the Executive Board member in the event of a regular termination of his/her duties, with their Cash value, as well as the amount spent or repaid by the company during the financial year;
cc)
changes agreed during the fiscal year of these commitments;
dd)
Services promised to an earlier member of the Board of Management that has completed its activities during the financial year in this context and in the
Services granted to the individual Management Board member by a third party in respect of his/her duties as a member of the Management Board or granted in the financial year shall also be disclosed. If the consolidated financial statements contain further information on certain references, they must also be specified individually;
b)
which are intended for the performance of their tasks in the parent companies and the subsidiaries of the former members of the designated institutions and their survivors (severance payments, pensions, survivors ' pensions and benefits of related art); (a), second sentence, shall apply accordingly. In addition, the amount of the provisions for current pensions and the amount of reserves not formed for such persons, and the amount of the provisions not formed for these obligations, shall be disclosed;
c)
the advances and loans granted by the parent company and its subsidiaries, including the amounts repaid or repaid in the financial year, and the in the case of liability in favour of these persons
7.
the stock of shares in the parent undertaking which the parent undertaking or a parent undertaking shall be responsible for: a subsidiary undertaking or another entity for the account of an undertaking included in the consolidated financial statements, or taken as a deposit, the number and the nominal value or the accounting par value of these shares and their share in the capital
7a.
The number of shares of each class of the shares of the parent company subscribed to during the financial year under the approved capital, with the number of shares of each class being held by the parent company, Nominal amounts of the nominal value and the par value for each of them shall be indicated for each of them;
7b.
the existence of pleasure certificates, Convertible bonds, warrants, options or similar securities or rights from which the parent undertaking is bound, indicating the number and the rights they have;
8.
for each listed company listed in the Consolidated Financial Statements, that the declaration prescribed in accordance with Section 161 of the German Stock Corporation Act (AktG) is issued and where it is publicly accessible ;
9.
The total amount calculated by the auditor of the consolidated financial statements for the financial year, broken down into the fee for
a)
the auditor performance,
b)
other acknowledgment achievements,
c)
Tax consulting services,
d)
other services;
10.
for financial assets (§ 266 para. 2 A. III.) Financial instruments included in the consolidated balance sheet above their fair value, since an off-schedule depreciation is not required pursuant to § 253 (3) sentence 6,
a)
the book value and the fair value of each asset or an appropriate Groupings as well as
b)
The reasons for the ominy of the depreciation, including the evidence suggesting that the impairment is not likely to be duration;
11.
for each category of derivative financial instruments not recognised at fair value,
a)
their type and scope,
b)
its fair value as far as it can be reliably determined in accordance with § 255 (4), stating the valuation method used,
c)
their book value and balance sheet, in which the book value, if any, is collected, and
d)
the reasons why the fair value cannot be determined;
12.
for according to § 340e paragraph 3, first sentence, financial instruments valued at fair value
a)
the basic financial instruments Assumptions based on the determination of fair value using generally accepted valuation methods, and
b)
Scope and type of each Category of derivative financial instruments, including the essential conditions which may affect the amount, timing and security of future cash flows;
13.
at least the non-market conditions of the parent company and its subsidiaries, as far as they are essential, of the parent company and its subsidiaries Companies and persons, including information on the nature of the relationship, the value of the transactions and other information necessary for the assessment of the financial position of the Group, with the exception of transactions between a consolidated financial statements -related companies, if these transactions are omitted in the consolidation process; information on transactions may be grouped by type of business, provided that the separate statement for the assessment of the impact on the The financial position of the Group is not necessary;
14.
in the event of activation pursuant to § 248 (2) of the total amount of the research and development costs of the financial year of the the financial statements included in the consolidated financial statements and the amount of the assets generated by them on the self-created intangible assets of the fixed assets;
15.
on application of § 254 in consolidated financial statements,
a)
the amount of each asset, debt, floating business, and high probability expected transactions to hedge what types of risks of valuation units, and the level of risks that are backed up by valuation units;
b)
for the risks that are hedged in each case, why, in which the extent and period of time likely to offset the exchange of value changes or cash flows, including the method of investigation;
c)
an explanation of the high-probability expected transactions that were included in valuation units
as far as the statements were not made in the group management report
16.
to the provisions for pensions and similar obligations entered in the consolidated balance sheet the actuarial actuarial Calculation methods as well as the basic assumptions of the calculation, such as interest rate, expected wage increases and underlying death tables;
17.
in the case the offsetting of assets and liabilities shown in the consolidated balance sheet pursuant to section 246 (2), second sentence, the acquisition costs and the fair value of the assets that are accounted for, the amount of the settlement of the calculated debt , as well as the calculated charges and income; point 12 (a) shall be applied accordingly;
18.
to the shares shown in the consolidated balance sheet Special assets within the meaning of Article 1 (10) of the Capital Investment Code or investment shares in investment securities companies with variable capital in the sense of § § 108 to 123 of the Capital Investment Code or comparable EU investment assets or comparable foreign investment assets of more than the tenth part, broken down by investment objectives, the value of which is in the sense of § § 168, 278 of the capital investment code or the § 36 of the investment law in the up to the 21. July 2013, or similar foreign regulations on the determination of the market value, the difference to the carrying amount and the distribution of the financial year, as well as restrictions on the possibility of daily return; in addition, the reasons for the fact that a depreciation is not required in accordance with Article 253 (3), sentence 6, including evidence suggesting that the impairment is not likely to be permanent; point 10 is not ;
19.
The reasons for the risk assessment of the risk of the Usage;
20.
An explanation of the time period over which a paid goodwill or goodwill is written off;
21.
on which differences or tax loss presentations the deferred tax is based and with which tax rates the rating has been made;
22.
if deferred tax liabilities are included in the consolidated balance sheet, the deferred tax balances at the end of the financial year and the changes made in the course of the fiscal year Balances;
23.
the amount and nature of the individual income and expenses of exceptional order of magnitude or of exceptional importance, in so far as the amounts are are not of secondary importance;
24.
an explanation of the individual income and expenses in respect of their amount and their nature, the amount of the income and expenses incurred by another The Group's fiscal year is to be attributed to the Group, in so far as the amounts are not of secondary importance for the assessment of the Group's assets, financial position, and earnings situation;
25.
Operations of special importance that occurred after the end of the Group's financial year and are not included in the consolidated income statement or in the consolidated balance sheet , indicating their nature and their financial implications;
26.
the proposal for the use of the parent undertaking's result, or, where appropriate, the Decision on the use of the parent company's result.
(2) parent companies that extend the consolidated financial statements for segment reporting (§ 297 para. 1 sentence 2) are exempted from the disclosure requirement in accordance with paragraph 1 (3).(3) Section 286 (5) shall apply in respect of the disclosure obligation pursuant to the provisions of paragraph 1 (6) (a) (5) to (8). For the obligation to apply in accordance with point 6 (a) and (b) of paragraph 1, Article 286 (4) shall apply mutatily.

footnote

(+ + + § 314: For application, see Art. 75 (1) HGBEG + + +)

Neunder Title
Group management report

unofficial table of contents

§ 315 Content of the group management report

(1) The group management report includes the business development including the Show business results and the Group's position in such a way as to give a true and fair view of the situation. It shall contain a balanced and comprehensive analysis of the business process and the position of the Group, which is appropriate to the extent and complexity of the business activities. The analysis shall include the financial performance indicators most important for the business activity and shall be explained by reference to the amounts and details shown in the consolidated financial statements. The third sentence shall apply to non-financial performance indicators such as information on environmental and employee concerns, to the extent that they are relevant to the understanding of the course of business or of the situation. In addition, the Group management report shall assess and explain the likely development with its significant opportunities and risks; underlying assumptions shall be disclosed. The legal representatives of a parent company within the meaning of section 297 (2) sentence 4 shall have to assure that, according to the best knowledge in the group management report, the business process including the results of the business and the position of the group are presented in this way are to give a true and fair view and that the main opportunities and risks within the meaning of sentence 5 are described.(2) In the Group Management Report, enter also:
1.
a)
the Group's risk management objectives and methods, including its methods to secure all important types of transactions that are recorded in the accounting of hedging transactions, and
b)
the price change, outage and liquidity risks , as well as the risks arising from fluctuations in the payment power of the Group,
in each case with respect to the use of financial instruments by the Group, and where this is necessary for the assessment of the situation or the likely development is of interest;
2.
the Research and Development division of the Group;
3.
for the Understanding of the Group's position essential branches of the total companies included in the consolidated financial statements;
4.
the basic remuneration system for the total references referred to in Article 314 (1) (6), to the extent that the parent company is a publicly listed public limited company. If information is also made in accordance with § 314 (1) (6) (a) sentence 5 to 8, these can be maintained in the Group attachment;
5.
the essential characteristics of the internal control and risk management systems in respect of the group accounting process, provided that one of the subsidiaries included in the consolidated financial statements or the parent company is capital-market-oriented in the sense of § 264d .
(3) § 298 (2) on the Summary of Group Attachment and Annex is to be applied accordingly.(4) parent companies which take up an organised market within the meaning of Article 2 (7) of the German Securities Acquisition and Takeover Act through voting shares issued by them have to state in the Group management report:
1.
the composition of the subscribed capital; for different classes of shares are for each genus specify the associated rights and obligations and share in the share capital, in so far as the information is not to be included in the Group ' s notes;
2.
Restrictions, the voting rights or the transfer of shares, even if they may arise from agreements between shareholders, insofar as they are known to the Management Board of the parent company;
3.
direct or indirect shareholdings in the capital that exceed 10 percent of the voting rights, provided that the information is not included in the group attachment;
4.
the holders of shares with special rights giving control powers; the special rights are to be described;
5.
the type of voting rights control when employees are involved in the capital and do not exercise their control rights directly;
6.
the statutory provisions and provisions of the Articles of Association on the appointment and dismise of the members of the Executive Board and on the amendment of the Articles of Association;
7.
The Board's powers in particular with regard to the ability to issue or buy back shares;
8.
Key agreements of the parent company, which are subject to the condition of a change of control as a result of a takeover bid, and the effects thereof; the indication , where it is appropriate to inflict a significant disadvantage on the parent undertaking, without prejudice to the obligation to submit other statutory provisions;
9.
The parent company's compensation agreements for the case of a takeover bid with the members of the management board or employees, if the information is not In the Group Management Board, the Group Management Board shall refer to the Group Management Report.
If the Group's statement of statement is to be made in accordance with the first sentence, the Group Management Report shall refer to this(5) A parent company within the meaning of Section 289a (1) shall draw up a statement of corporate management for the Group and include it as a separate section in the group management report. § 289a is to be applied accordingly.

footnote

(+ + + § 315: For application, see Art. 75 (1) HGBEG + + +)

Tenth Title
Consolidated Financial Statements by International Accounting Standards

Non-Official Table of Contents

§ 315a

(1) Is a parent company that has a consolidated financial statements in accordance with the provisions of the First Title, pursuant to Article 4 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 June 2002, As amended in July 2002, the provisions of the international accounting standards adopted pursuant to Articles 2, 3 and 6 of that Regulation shall be subject to the provisions of the second to eighth titles only in section 294 (1) of the International Accounting Standards Act (Eu). 3, § 297 (1a), 2 sentence 4, § 298 (1), but only in conjunction with § § 244 and 245, § 313 (2) and (3), § 314 (1) (4), (6), (8) and (9), (3) and the provisions of the ninth title and the provisions outside this Subsections relating to the Consolidated Financial Statements or the Group Management Report shall be applied accordingly.(2) parent undertakings other than those referred to in paragraph 1 shall draw up their consolidated financial statements in accordance with the international accounting standards and rules referred to in that paragraph if, by the relevant balance sheet date, they are admitted to Securities as defined in Section 2 (1) of the Securities Trading Act have been applied for trading in an organised market within the meaning of Section 2 (5) of the German Securities Trading Act.Parent undertakings other than those referred to in paragraph 1 or 2 shall be entitled to establish their consolidated financial statements in accordance with the international accounting standards and rules referred to in paragraph 1. A company that makes use of this right shall comply fully with the standards and regulations referred to in paragraph 1.

Footnote

(+ + + § 315a: For application, see Art. 75 (1) HGBEG + + +)

Third Subsection
Audit

Non-official table of contents

§ 316 obligation to audit

(1) The annual accounts and the management report of capital companies which are not small in the sense of Section 267 (1) shall be examined by a statutory auditor. If no examination has taken place, the annual accounts may not be established.(2) The consolidated financial statements and the group management report of capital companies must be examined by a statutory auditor. If no audit has taken place, the consolidated financial statements cannot be approved.(3) If the annual accounts, the consolidated financial statements, the management report or the group management report are changed after the presentation of the audit report, the auditor shall re-examine these documents as far as the change requires the change. The result of the audit shall be reported, and the audit opinion shall be supplemented accordingly. Non-official table of contents

§ 317 Subject and scope of the audit

(1) The accounts must be included in the audit of the annual financial statements. The audit of the annual financial statements and the consolidated financial statements has to cover whether the statutory provisions and the supplementary provisions of the social contract or the articles of association have been observed. The examination shall be applied in such a way as to ensure that inaccuracies and infringements of the provisions listed in sentence 2, which are essential to the presentation of the image of the company's assets, financial position and profit situation as referred to in Article 264 (2) shall be recognised in the event of a conscientious professional exercise.(2) The management report and the group management report shall be considered as to whether the annual report with the annual accounts, including the individual financial statements pursuant to section 325 (2a), and the group management report with the consolidated financial statements, as well as with the consolidated financial statements and the group management report, are to be examined. The audit findings of the auditor are in accordance with the audit findings and whether the management report as a whole provides an accurate picture of the situation of the company and the Group management report as a whole as appropriate of the Group's position. It is also necessary to examine whether the opportunities and risks of future development are properly represented. The audit of the management report and the group management report also has to cover whether the statutory provisions for the preparation of the position or group management report have been observed. The information referred to in Article 289a (2) and Section 315 (5) shall not be included in the examination; in this regard, it is merely necessary to determine, in the context of the examination, whether these data have been provided.(3) The auditor of the consolidated financial statements also has to consider the annual financial statements in the consolidated financial statements, in particular the adjustments made to the consolidated financial statements, in the appropriate application of paragraph 1. If these annual accounts have been audited by another auditor, the consolidated auditor has to review and document the work of the auditor.(4) In the case of a publicly listed public limited company, it is also to be assessed in the context of the examination whether the Management Board has taken the measures which it has carried out in accordance with Section 91 (2) of the German Stock Corporation Act in an appropriate form and whether the subsequent Surveillance system can perform its tasks.(5) In carrying out an audit, the auditor shall apply the international auditing standards set out by the European Commission in the procedure referred to in Article 26 (1) of Directive 2006 /43/EC of the European Parliament and of the Council of the 17. May 2006, on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78 /660/EEC and 83 /349/EEC and repealing Council Directive 84 /253/EEC (OJ L 136, 31.5.1984, p. EU No OJ L 157, p. 87).(6) The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of law, which does not require the consent of the Federal Council, in addition to the one at the Implementation of the statutory audit of international auditing standards to be applied in accordance with paragraph 5, to require further audit requirements or the non-application of parts of the international auditing standards if this is due to the extent of the audit standards. The final examination is subject to the examination objectives set out in paragraphs 1 to 4.

footnote

(+ + + § 317: For application see Art. 75 (1) HGBEG + + +) A non-official table of contents

§ 318 Order and dismise of the auditor

(1) The auditor of the annual financial statements is elected by the shareholders; the auditor of the Consolidated financial statements shall elect the shareholders of the parent company. In the case of companies with limited liability and with open trading companies and limited partnerships within the meaning of section 264a (1), the social contract may determine otherwise. The statutory auditor shall be elected before the end of the financial year to which his audit activity extends. The legal representatives, with the responsibility of the Supervisory Board of the Supervisory Board, shall immediately after the election give the examination order. The examination contract may only be revoked if a different auditor has been appointed in accordance with paragraph 3.(2) As auditor of the consolidated financial statements, if no other auditor is appointed, the auditor shall be deemed to be appointed who has been appointed for the audit of the annual financial statements of the parent company included in the consolidated financial statements. If the inclusion is due to interim financial statements, if no other auditor is appointed, the auditor shall be deemed to be appointed, the auditor who shall be responsible for the audit of the last annual financial statements of the parent undertaking before the consolidated financial statements date has been ordered.(3) At the request of the legal representatives, the supervisory board or shareholders, in the case of public limited liability companies and limited liability companies, however, only if the shares of these shareholders together with the twentieth part of the The Court of First Instance shall, after consulting the parties concerned and the chosen examiner, appoint another auditor, if this is from a reason in the person of the chosen examiner, to obtain a share capital or a stock exchange value of EUR 500 000. , in particular if there is an exclusion reason in accordance with § 319 (2) to (5) or § § 319a and 319b. The application shall be submitted within two weeks of the date of the election of the auditor; shareholders may submit the application only if they have declared a contradiction in the decision-making process against the election of the auditor. If a reason for a partiality is not known until after the election, or if a reason for a partiality does not occur until after the election, the application shall be submitted within two weeks after the date on which the applicant's knowledge of the circumstances justifying the right to be caught is taken into account. has obtained or should have obtained no gross negligence. If shareholders submit the application, they have to be credited that they have been holders of the shares for at least three months before the day of the election of the auditor. To the credibility of the party, an affidavit is sufficient before a notary. If the company is subject to state supervision, the supervisory authority may also submit the application. The request may not be made after the confirmation notice has been issued, in the case of a supplementary examination in accordance with Section 316 (3) after completion of the confirmation of confirmation. The decision shall be admissible against the decision.(4) If the auditor has not been elected until the end of the financial year, the court has to appoint the statutory auditor at the request of the legal representatives, the supervisory board or a shareholder. The same shall apply if an elected auditor has rejected the acceptance of the examination contract, has fallen away or is prevented from completing the examination in due time and another statutory auditor has not been elected. The legal representatives shall be obliged to submit the application. The appeal shall be lodged against the decision of the Court of First Instance; the appointment of the auditor shall be indisputable.(5) The statutory auditor appointed by the court shall be entitled to the replacement of reasonable outlays and to remuneration for his activities. The expositions and remuneration shall be determined by the court. The decision shall be taken against the decision; the appeal shall be excluded. The final decision shall take place in accordance with the Code of Civil Procedure.(6) The auditor may only terminate a examination order adopted by the auditor for an important reason. As an important reason, it is not to be considered if there are differences of opinion on the content of the confirmation notice, its restriction or failure. The dismissal must be justified in writing. The auditor has to report on the outcome of his previous examination; § 321 shall be applied accordingly.(7) In accordance with paragraph 6, the statutory auditor shall terminate the contract with the statutory representative to notify the shareholder to the Supervisory Board, to the next Annual General Meeting or to companies with limited liability. The legal representatives shall submit the report of the previous auditor without delay to the Supervisory Board. Each member of the Supervisory Board shall have the right to take note of the report. The report shall also be issued to any member of the Supervisory Board or, in so far as the Supervisory Board has decided to do so, to the members of a committee. If the examination contract has been issued by the Supervisory Board, the duties of the legal representatives shall be the responsibility of the Supervisory Board, including the provision of information to the legal representatives.(8) The auditor's chamber shall be informed immediately and in writing by the auditor and the legal representatives of the audited company of the termination or revocation of the examination order. Non-official table of contents

§ 319 Selection of auditor and exclusion reasons

(1) Auditor and auditor can be auditor and Audit firms. Auditors of annual financial statements and annual reports of medium-sized companies with limited liability (Section 267 (2)) or of medium-sized partnerships within the meaning of Section 264a (1) may also be sworn-in accountants and Book audit companies. The auditors referred to in sentences 1 and 2 must have an effective certificate of participation in the quality control according to § 57a of the Rules of Auditors, unless the Chamber of Auditors has a derogation .(2) An auditor or sworn accountant shall be excluded as a statutory auditor if there are grounds, in particular relationships of a commercial, financial or personal nature, in which the concern of partiality exists.(3) An auditor or sworn accountant shall be excluded from the final examination, in particular, if he or a person with which he pursues his/her profession in common,
1.
Shares or other not only insignificant financial interests on the check a capital company or a holding in a company associated with the capital company to be audited or of which it has more than twenty per cent of the shares;
2.
legal representative, member of the supervisory board, or employee of the capital company to be audited, or a company that has the capital company to be audited is, or has more than twenty, of the hundred of the shares;
3.
beyond the audit activity, in the case of the test or test to be examined. Capital company in the financial year to be audited or until confirmation of confirmation
a)
in the management of the books or the preparation of the annual financial statements to be audited,
b)
participated in the internal audit in responsible position,
c)
Business Management or Financial Services provided or
d)
Stand-alone has provided actuarial or valuation benefits which are not only insignificant in the annual financial statements to be audited,
provided that such activities are not of secondary importance; this shall also apply where a of these activities shall be exercised by a company for the capital company to be audited, in the case of which the auditor or sworn accountant is a legal representative, employee, member of the supervisory board or a shareholder, who is more than
4)
4.
in the examination of a person who, according to the numbers 1 to 3, does not employ: the auditor may be auditors;
5.
over the last five years, more than thirty in each of the hundreds of total receipts from his professional activity from the audit the capital company and companies in which the capital company to be audited has more than 20% of the shares, and this is to be expected in the current financial year; in order to avoid hardship cases, the company may The Chamber of Auditors shall grant temporary derogations.
This shall also apply if the spouse or the life partner fulfils an exclusion reason as set out in the first sentence of 1, 2 or 3.(4) Auditing companies and accounting firms are excluded from the statutory audit if they themselves, one of their legal representatives, a shareholder who has more than twenty in the hundred of the members Voting rights shall include a related undertaking, a shareholder employed in the examination in the responsible position, or any other person employed by it who may influence the outcome of the examination, in accordance with paragraph 2 or 3. are excluded. The first sentence shall also apply where a member of the supervisory board is excluded in accordance with the first sentence of paragraph 3, or if several members who together have more than twenty of the voting rights to which the members are members individually or in each case are excluded, either individually or in accordance with the provisions of the first sentence of paragraph 3. shall be excluded in accordance with paragraph 2 or paragraph 3.(5) Paragraph 1, second sentence, and paragraphs 2 to 4 shall apply accordingly to the auditor of the consolidated financial statements. Non-official table of contents

§ 319a Special Exclusion Reasons for Public Interest Companies

(1) A chartered accountant shall be subject to the following in § § 319 (2) and (3) shall also be excluded from the statutory audit of a company which is capital-market-oriented in the sense of § 264d if he/she
1.
over the last five years, more than fifteen per cent of total revenue from its professional activity by the capital company to be audited or by companies in which the capital company to be audited has more than twenty of the hundred of the shares, and to expect this also in the current financial year is,
2.
in the financial year under consideration, beyond the audit activity, it has provided legal or tax advice services that are related to the presentation of
3.
3.
3.
3.
3.
beyond the audit activity in the fiscal year to be reviewed, participated in the development, establishment and introduction of accounting information systems, provided that these Activity is not of secondary importance, or
4.
has already been responsible for the audit of the company in seven or more cases; this applies not, if two or more years have passed since its last participation in the audit of the annual accounts.
§ 319 (3) sentence 1, third sentence, sentence 2 and (4) shall apply in respect of the grounds of exclusion referred to in the first sentence. The provisions of the 1 to 3 sentence shall also apply where persons with whom the auditor shares his/her profession meet the grounds for exclusion mentioned in that paragraph. Sentence 1 (4) shall apply to an accounting firm with the proviso that it may not be auditor if it employs an auditor in the audit of the undertaking which is responsible for the audit of the audit firm. Test partner according to sentence 1, no. 4, shall not be auditor. The responsible audit partner is who has signed the audit opinion in accordance with § 322 or who has been designated as an auditor by an auditing company as being primarily responsible for carrying out a final examination.(2) Paragraph 1 shall apply accordingly to the auditor of the consolidated financial statements. The responsible audit partner shall also be responsible at Group level, who, as an auditor at the level of significant subsidiaries, has been designated as a priority for the performance of their final examination. Non-official table of contents

§ 319b Network

(1) A auditor is excluded from the final audit if a member of its network an exclusion ground pursuant to § 319 (2), (3), first sentence, no. 1, 2 or 4, (3) sentence 2 or (4), unless the network member is unable to influence the outcome of the final examination. It is excluded if a member of his network fulfils an exclusion reason in accordance with § 319 (3) sentence 1 No. 3 or § 319a (1) sentence 1 no. 2 or 3. A network exists when people cooperate for a certain period of time in their professional practice in pursuit of common economic interests.(2) Paragraph 1 shall apply accordingly to the auditor of the consolidated financial statements. Non-official table of contents

§ 320 Prepayment obligation. Right to information

(1) The statutory representatives of the capital company shall submit the annual accounts and the management report to the statutory auditor immediately after the drawing up. They shall allow him to examine the books and writings of the capital company, as well as the assets and liabilities, including the cash register and the stocks of securities and goods.(2) The statutory auditor may require the legal representatives to make all the information and evidence necessary for a careful examination. To the extent that it requires the preparation of the final examination, the auditor shall have the rights referred to in the second sentence of paragraph 1 and, in accordance with the first sentence, also before the annual accounts have been drawn up. To the extent that it is necessary for a careful examination, the statutory auditor shall also have the rights under sentences 1 and 2 against parent companies and subsidiaries.(3) The statutory representatives of a capital company which has to draw up a consolidated financial statements shall have the consolidated financial statements, the group management report, the annual accounts, annual reports and, if an audit is carried out, the statutory auditor of the consolidated financial statements. has taken place, to submit the audit reports of the parent company and its subsidiaries. The statutory auditor shall have the rights referred to in the second sentence of paragraph 1 and, in accordance with paragraph 2, with the parent undertaking and the subsidiary undertaking, the rights referred to in paragraph 2, also with regard to the auditors of the parent undertaking and of the subsidiaries.(4) The previous auditor has to report to the new auditor on a written question on the outcome of the previous audit; § 321 shall be applied accordingly. Non-official table of contents

§ 321 Examination report

(1) The auditor has written and submitted the type and extent of the audit, and the result of the audit. to report with the necessary clarity. The report shall give its opinion on the assessment of the position of the undertaking or group by the legal representatives, with particular reference to the assessment of the company's continued existence and the future development of the undertaking, Taking into account the management report and the audit of the consolidated financial statements of parent companies, also taking into account the Group management report, in so far as the audited documents and the management report or the management report are Group management report allow such an assessment. In addition, the auditor has to report any inaccuracies or breaches of the statutory provisions and the facts which may endanger or endanger the stock of the audited entity or the Group during the performance of the audit. It is possible to significantly impede development or to identify serious breaches of the law, the social contract or the statutes of the legal representatives or of employees.(2) The main part of the audit report is to determine whether the accounting and the other documents audited, the annual accounts, the management report, the consolidated financial statements and the group management report are subject to the statutory provisions and to the supplementary the provisions of the social contract or of the statutes. In this context, it is also possible to report on complaints which have not led to the restriction or failure of the confirmation notice, insofar as this is relevant for the supervision of the management and the audited entity. It should also be stated whether the overall conclusion, taking into account the principles of regular accounting or other relevant accounting principles, is a true and fair view of the assets, financial and financial statements of the financial statements and the financial and financial statements. The earnings situation of the capital company or of the Group. This also includes the use of essential valuation bases as well as the influence of changes in the fundamentals of valuation, including the exercise of accounting policies and the use of discretionary powers of discretion, as well as the use of discretionary powers. In general, the financial and earnings situation shall be presented in a way that is appropriate to the maintenance of the assets. For this purpose, the items of the annual and consolidated financial statements shall be broken down and explained sufficiently to the extent that such information is not included in the Annex. It is to be shown whether the legal representatives have provided the required explanations and evidence.(3) In a particular section of the audit report, the subject matter, type and extent of the audit shall be explained. The accounting and auditing principles applied must also be taken into account.(4) If an assessment has been made in accordance with section 317 (4) in the course of the examination, its result shall be presented in a special part of the examination report. It is important to consider whether measures are needed to improve the internal monitoring system.(4a) In the audit report, the auditor shall confirm his independence.(5) The statutory auditor must sign the report and submit it to the legal representatives. If the Supervisory Board has issued the contract, the report shall be submitted to the Supervisory Board; the Management Board shall be given the opportunity to comment on the Board. Non-official table of contents

§ 321a Disclosure of the audit report in special cases

(1) The assets of the company shall be subject to the following Insolvency proceedings open or if the application for the opening of insolvency proceedings is dismissed due to a lack of mass, a creditor or a shareholder has the choice, either himself or through an auditor to be determined by him or in the case of § 319 The second sentence of paragraph 1 by a sworn accountant shall consult the auditor's audit reports on the audit of the annual accounts of the last three financial years, to be carried out pursuant to statutory provisions, to the extent that such accounts are to the reporting required in accordance with § 321. The claim is directed against the person who holds the audit reports in his possession.(2) In the case of a joint-stock company or a limited partnership on shares, the shareholders are only granted the rights referred to in the first sentence of paragraph 1 if their shares in the assertion of the claim together form the one hundredth part of the share capital or one The stock exchange value of EUR 100 000 is reached. The auditor shall be allowed to explain the audit report in relation to the persons referred to in the first sentence of paragraph 1.(3) The insolvency administrator or a legal representative of the debtor may object to an disclosure of secrets, including operational or business secrets, if disclosure is appropriate, to the company a significant To add a disadvantage. In addition, Section 323 (1) and (3) shall remain unaffected. Without prejudice to the first sentence of the first sentence of paragraph 1, the beneficiaries shall be obliged to secrecy on the content of the documents which they have provided for in the first sentence of paragraph 1.(4) Paragraphs 1 to 3 shall apply accordingly if the debtor is obliged to draw up a consolidated financial statements and group management report. Non-official table of contents

§ 322 Confirmation note

(1) The auditor has received the result of the audit in a confirmation note on the The annual financial statements or consolidated financial statements. The audit opinion shall describe the nature and extent of the audit, specifying the accounting and auditing principles applied, and shall also include an assessment of the outcome of the audit. In an introductory section, at least the description of the subject-matter of the examination and the indication of the accounting principles applied shall be carried out.(2) The assessment of the outcome of the examination must be unquestionable as to whether
1.
is an unqualified Confirmation note,
2.
issued a restricted confirmation note,
3.
the Acknowledgement notice on the basis of objections or
4.
the audit opinion is therefore failed because the auditor is not in a position to Assessment of the outcome of the examination.
The assessment of the outcome of the examination should be made in a generally understandable and problem-oriented way, taking into account the circumstance that the legal representatives are responsible for the conclusion. Risks that endanger the continued existence of the company or of a group company shall be dealt with separately. In the case of risks which endanger the continued existence of a subsidiary undertaking, it is not necessary to enter into the audit opinion on the consolidated financial statements of the parent undertaking if the subsidiary undertaking for the mediation of a subsidiary undertaking is to be The relationship between the Group's financial position and the financial position of the Group is of secondary importance.(3) In an unqualified opinion (paragraph 2, first sentence, no. 1), the auditor has to declare that the audit carried out by him in accordance with § 317 did not lead to any objections and that the audit was carried out by the legal representatives of the Company's annual or consolidated financial statements on the basis of the auditor's findings in the course of the audit, in accordance with its assessment, comply with the statutory provisions and, in compliance with the principles of the regular Accounting or other relevant accounting principles gives a true and fair view of the assets, financial position and profit situation of the company or the Group. The auditor may also include a reference to circumstances which he/she shall draw attention to in a special way without restricting the audit opinion.(4) Where objections are to be made, the auditor shall restrict his declaration pursuant to the first sentence of paragraph 3 (paragraph 2, first sentence, point 2), or to refuse (paragraph 2, first sentence, no. 3). The refusal shall be included in the endorsement, which shall no longer be called a confirmation notice. Reasons shall be given for the restriction or failure to do so. A restricted audit opinion may only be issued if the audited financial statements, having regard to the limitation of the scope of the audit carried out by the auditor, constitute a real situation in the main the corresponding picture of the assets, financial position and earnings situation.(5) The audit opinion shall also be refused if the auditor is not in a position to give an opinion on the matter after having exhausted all reasonable means of clarifying the facts (paragraph 2, first sentence, no. 4). The second and third sentences of paragraph 4 shall apply accordingly.(6) The assessment of the result of the audit has also to be extended to include whether the management report or the group management report after the auditor's judgment with the annual financial statements and, where applicable, the individual financial statements pursuant to section 325 (2a) or is in accordance with the consolidated financial statements, the statutory provisions for the preparation of the position or group management report have been complied with and the situation or group management report as a whole provides a true picture of the situation of the company or of the company Group of companies. It will also be necessary to determine whether the opportunities and risks of future development are properly represented.(7) The auditor shall sign the endorsement or the endorsement of his/her failure to indicate the place and date. The audit report or the endorsement of his/her failure shall also be included in the audit report. If the auditor is an auditing company, the auditor must at least be signed by the auditor, who carried out the final examination for the audit firm. Sentence 3 shall apply mutatily to accounting firms.

footnote

(+ + + § 322: For application, see Art. 75 (1) HGBEG + + +) Non-official Table of contents

§ 323 Liability of the statutory auditor

(1) The statutory auditor, his agents and the legal representatives of an audit firm who are involved in the examination are responsible for the conscientious and impartial examination of the audit company. and to secrecy; § 57b of the auditor's order shall remain unaffected. They shall not use any unauthorised disclosure of business and business secrets that they have experienced in their activities. Any person who intentionally or negligently violates his duties shall be the capital company and, if a related undertaking has been damaged, shall also be obliged to compensate him for the damage resulting therefrom. Several persons are liable as total debtors.(2) The replacement obligation of persons who have acted negligently shall be limited to one million euros for a test. In the event of an examination of a public limited company whose shares are admitted to trading on the regulated market, the obligation to replace persons who have acted negligently shall be limited to four million euros for an examination by way of derogation from the first sentence. This shall also apply where a number of persons have been involved in the examination or if several acts have been committed to replace them, and irrespective of whether other parties have acted intentionally.(3) The obligation to secrecy exists when an audit firm is a statutory auditor, also with respect to the Supervisory Board and the members of the Supervisory Board of the audit firm.(4) The replacement obligation under these provisions may not be excluded or limited by contract.(5) (omitted) unofficial table of contents

§ 324 Audit Committee

(1) Capital companies in the sense of § 264d, which do not have a supervisory or supervisory authority. The Board of Directors, which must comply with the requirements of Section 100 (5) of the German Stock Corporation Act, is obliged to set up an audit committee within the meaning of paragraph 2 of the German Stock Corporation Act, in particular with the provisions of Section 107 (3) sentence 2 of the German Stock Corporation Act (Stock Corporation Act) tasks described above. This does not apply to
1.
Capital companies within the meaning of the first sentence, the exclusive purpose of which is to issue securities in the meaning of Section 2 (1) of the the Securities Trading Act, which are secured by assets; the Annex shall indicate why an audit committee shall not be set up;
2.
Credit institutions in the sense of Section 340 (1), which is an organized market within the meaning of Section 2 (5) of the Securities Trading Act only by issuing debt securities in the sense of § 2 paragraph 1 (3) (a) of the Securities Trading Act, provided that its nominal value does not exceed EUR 100 million and there is no obligation to publish a prospectus in accordance with the Securities Prospectus Act.
(2) Members of the Audit Committee shall be elected by the members. At least one member must fulfil the requirements of Section 100 (5) of the German Stock Corporation Act. The Chairman of the Audit Committee must not be entrusted with the management of the Board. § 124 (3) sentence 2 and § 171 (1) sentence 2 and 3 of the German Stock Corporation Act shall apply accordingly. Non-official table of contents

§ 324a Application to the individual financial statements pursuant to § 325 (2a)

(1) The provisions of this subsection, which are based on the The annual financial statements are to be applied in accordance with Section 325 (2a) of the annual financial statements. In place of Section 316 (1) sentence 2, Section 316 (2) sentence 2 applies accordingly.(2) The auditor appointed for the audit of the annual financial statements shall be deemed to be the statutory auditor of the individual financial statements in accordance with section 325 (2a). The audit report on the individual financial statements according to § 325 (2a) can be summarised with the audit report on the annual financial statements.

Fourth subsection
disclosure. Audit by the operator of the Federal Gazette

Non-official table of contents

§ 325 disclosure

(1) The legal representatives of Capital companies have to disclose to the company the following documents in German:
1.
the established or approved annual financial statements, the The report of the Supervisory Board and the report of the Supervisoryand of the German Stock Corporation Act as required under Section 161 of the German Stock Corporation Act (Stock Corporation Act) are
to report on the report and the endorsement or the endorsement
the report. Declaration.
The documents must be submitted electronically to the operator of the Federal Gazette in a form which makes it possible for them to be published.The documents referred to in the first sentence of paragraph 1 shall be submitted at the latest one year after the closing date of the financial year to which they relate. If the documents referred to in the first sentence of paragraph 1 are not available within the time limit, they shall be disclosed immediately after their existence in accordance with paragraph 1.(1b) If the annual accounts or the management report are amended, the amendment referred to in the first sentence of paragraph 1 shall also be disclosed. Where only the proposal for the use of results is included in the annual accounts, the decision on the use of results shall be disclosed in accordance with the first sentence of the first paragraph of paragraph 1.(2) The legal representatives of the capital company shall make known to them the documents referred to in paragraph 1 immediately after their submission in the Federal Gazette.(2a) In the case of the disclosure referred to in paragraph 2, the annual financial statements may be replaced by a separate financial statements drawn up in accordance with the international accounting standards referred to in Article 315a (1). A company that makes use of this right shall comply fully with the standards set out therein. § 243 (2), § § 244, 245, 257, 264 (1a), 2 sentence 3, § 285 No. 7, 8 (b), No. 9 to 11a, 14 to 17, § 286 (1), (3) and (5) shall apply to such a conclusion. The management report in accordance with § 289 must also refer to the required extent to the conclusion according to sentence 1. The remaining provisions of the second subsection of the first section and of the first subsection of the second section do not apply to this extent. If, on account of the application of Section 286 (1) of the Annex to the Annex, the condition referred to in the second sentence cannot be complied with, the right to vote according to the first sentence shall not apply.(2b) The liberating effect of the disclosure of the individual financial statements referred to in paragraph 2a occurs when
1.
takes place the endorsement or endorsement issued by the auditor at the end of the accounts shall be included in the disclosure referred to in paragraph 2 for the conclusion referred to in paragraph 2a of this Article,
2.
the proposal for the use of the result and, if applicable, the decision on its use, stating the net profit or the annual amount of the net loss in the disclosure after (2), and
3.
the annual accounts shall be disclosed, together with the endorsement or endorsement of the endorsement referred to in the first sentence of the first sentence of paragraph 1, of the date of the statement of the
() Paragraphs 1 to 2 and 4, first sentence, shall apply mutatily to the legal representatives of a capital company, which shall have a consolidated financial statements and a group management report.(3a) If the consolidated financial statements are made known together with the annual financial statements of the parent undertaking or with an individual financial statements referred to in paragraph 2a drawn up by the parent undertaking, the endorsements of the auditor in accordance with Section 322 may be made available to both financial statements. In this case, the respective audit reports can also be summarised.(4) In the case of a capital company within the meaning of Section 264d, which is not a capital company within the meaning of § 327a, the period referred to in the first sentence of paragraph 1a shall be four months at the latest. For the purpose of respecting the time limits laid down in the first sentence and the first sentence of paragraph 1a, the date of submission of the documents shall be the decisive date.(5) obligations of the company based on law, social contract or statute, the annual financial statements, the individual financial statements referred to in paragraph 2a, the management report, the consolidated financial statements or the group management report in other ways, to make known, , or to make persons accessible, shall remain unaffected.(6) § § 11 and 12 (2) shall apply to the documents to be submitted to the operator of the Federal Gazette; § 325a (1) sentence 3 and § 340l (2) sentence 6 shall remain unaffected.

footnote

(+ + + § 325: For application, see Art. 75 (1) HGBEG + + +)
(+ + + § 325 para. 1 sentence 1 u. 7, para. 2 to 2b, 5 u. 6: For use, see: Section 160 (1) of the KAGB + + +) Non-official table of contents

§ 325a branches of companies with registered offices abroad

(1) In the case of domestic branches of limited-liability companies established in another Member State of the European Union or State Party to the Agreement on the European Economic Area, the fourth sentence of Article 13e (2) of the Treaty shall apply. Persons or, where such persons are not registered, the legal representatives of the company for these documents of the accounts of the principal place of business, which shall be drawn up in accordance with the law applicable to the principal place of business, and in accordance with § § 325, 328, 329 (1) and (4). The documents must be submitted in German. If this is not the official language at the head office of the main office, the documents of the principal place of business may also be
1.
in English or
2.
in a copy certified by the registry of the main office or,
3.
if a facility comparable to that of the register does not exist or is not authorized to provide certification, in one of the auditors certified by an auditor. Transcript, linked to the declaration that either a facility comparable to that of the register does not exist or is not authorised for authentication,
; a certified copy of the register shall be certified by the register. To submit a translation in German.(2) This provision shall not apply to branches set up by credit institutions within the meaning of Section 340 or by insurance undertakings within the meaning of Section 341.(3) In the case of the application of paragraph 1, the right of the other Member State of the European Union or the other Member State for the classification of a capital company as a micro-capital company (Article 267a) and for the application of the facilitation of financial reporting shall be the law of the European Union; the law of the Contracting State of the Agreement on the European Economic Area. Where a micro-capital company may, in accordance with the law applicable to it, comply with the disclosure requirement by the deposit of the balance sheet, it may also effect the disclosure provided for in paragraph 1 by deposit. Section 326 (2) shall apply accordingly. Non-official table of contents

§ 326 Size-dependent relief for small-scale corporations and micro-capital companies on disclosure

(1) In the case of small capital companies (Article 267 (1)), § 325 (1) is to be applied, subject to the proviso that the legal representatives have to submit only the balance sheet and the appendix. The Annex does not require the information relating to the profit and loss account to be included.(2) The legal representatives of micro-capital companies (§ 267a) may also fulfil their obligations under Section 325 (1) to (2) by taking the balance sheet in electronic form for permanent deposit with the operator of the Submit a Federal Gazette and issue a deposit order. Article 325 (1), second sentence, (1a) and (1b) shall apply accordingly. Micro-capital companies may make use of the right provided for in sentence 1 only if they inform the operator of the Federal Gazette that they have two of the three characteristics referred to in Article 267a (1) for those referred to in Article 267 (4). do not exceed the relevant closing date.

Footnote

(+ + + § 326: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 327 Size-dependent easing for medium-sized capital companies on disclosure

On medium-sized corporations (§ 267 (2)) § 325 (1) is to be applied with the proviso that the legal representatives
1.
the balance sheet only in the form prescribed for small capital companies according to § 266 (1) sentence 3 in the case of the operator of the Federal Gazette. However, the following items in section 266 (2) and (3) shall also be specified separately in the balance sheet or in the Annex: on the assets page
A I 1
Self-created commercial Rights and similar rights and values;
A I 2
Business or Corporate Value;
A II 1
plots, real estate rights and buildings, including buildings on foreign land;
A II 2
technical equipment and machines;
A II 3
other facilities, operating and business equipment;
A II 4
paid deposits and assets under construction;
A III 1
shares in connected Company;
A III 2
Lending to affiliated companies;
A III 3
equity;
A III 4
Lending to companies that have a participation ratio ;
B II 2
Claims against affiliated companies;
B II 3
Claims against Companies that have an equity ratio;
B III 1
Shares of affiliated companies.
the liabilities side,
C 1
Bonds, of which convertible;
C 2
Liabilities to Credit Institutions;
C 6
affiliated company liabilities;
C 7
Company's liabilities, with where an equity ratio exists;
2.
the attachment without the information in accordance with § 285 (2) and (8) (a), No. 12, in the operator of the Federal Gazette (Bundesanzeiger)
unofficial table of contents

§ 327a facilitation for certain capital market-oriented capital companies

§ 325 para. 4 Sentence 1 shall not apply to a capital company if it is exclusively entitled to trading on an organised market debt in the meaning of Article 2 (1) (3) of the Securities Trading Act, with a minimum denomination of 50 000 Euro or the equivalent of a different currency on the date of issue. Non-official table of contents

§ 328 Form and content of the documents on disclosure, publication, and reproduction

(1) On disclosure of the annual financial statements, the individual financial statements in accordance with Section 325 (2a), the consolidated financial statements or the situation or group management report shall be such as to reflect these financial statements and management reports in such a way as to ensure that they are subject to the relevant provisions for their establishment , in so far as it is not possible to make use of the facilities in accordance with § § 326 and 327, or if a legal regulation of the Federal Ministry of Justice and for the protection of consumers pursuant to paragraph 4 thereof is made possible by such derogations. You have to be complete and correct in this context. Sentences 1 and 2 shall also apply to the partial disclosure as well as to the publication or reproduction in other form on the basis of the company contract or the articles of association.(1a) The date of the determination or endorsement of the accounts referred to in the first sentence of paragraph 1 shall be indicated. If a statutory auditor has been audited on the basis of statutory provisions, the full text of the confirmational endorsement or endorsement shall be reproduced in each case; shall the annual accounts be due to the Use of facilities only partially disclosed and refers to the endorsement of the full annual financial statements, should be noted. In the case of the disclosure of annual financial statements, individual financial statements pursuant to section 325 (2a) or consolidated financial statements, it should be pointed out that the disclosure does not take place at the same time as all other documents to be disclosed in accordance with § 325.(2) Where accounts are not reproduced in the form prescribed in paragraph 1 in the form of publications and copies not required by the law, the social contract or the articles of association, a heading shall be drawn up in each case: note that this is not a publication corresponding to the legal form. A confirmation note may not be attached. However, if a statutory auditor is required to carry out an audit on the basis of statutory provisions, it shall be stated to which the summary assessments of the auditor's results referred to in Article 322 (2), first sentence, of the auditor's examination result in relation to the has been concluded in legal form and whether the audit opinion contains an indication in accordance with section 322 (3) sentence 2. It is also necessary to indicate whether the documents have been submitted to the operator of the Federal Gazette.(3) Paragraph 1 (1) shall apply accordingly to the management report, the group management report, the proposal for the use of the result and the decision on its use. Where the documents referred to in the first sentence are not disclosed at the same time as the annual accounts or the consolidated financial statements, the subsequent disclosure shall indicate in each case the conclusion to which they relate and where it is disclosed. ; this shall also apply to the subsequent disclosure of the confirmation notice or of the endorsement of his or her failure.(4) The legal regulation pursuant to section 330 (1) sentences 1, 4 and 5 may allow the operator of the Federal Gazette to deviate from the account form in accordance with § 266 (1) sentence 1.(5) For the purpose of depositing the balance sheet of a micro-capital company (§ 326 (2)), paragraph 1 shall apply.

Footnote

(+ + + § 328: For application, see § 160 para. 1 KAGB and Others Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 329 Examination and teaching obligation of the operator of the Federal Gazette

(1) The operator of the Federal Gazette shall examine whether the documents to be submitted have been submitted within the time limit and in full. The operator of the company register shall make available to the operator of the Federal Gazette the data transmitted by the Land Justice Administrations pursuant to Section 8b (3) sentence 2, insofar as this is necessary for the performance of the tasks according to sentence 1. The data may only be used by the operator of the Federal Gazette for the purposes set out in sentence 1.(2) If the examination gives rise to the assumption that the size of the capital company should not have been subject to any facilitation or relief according to § 327a, the operator of the Federal Gazette may be entitled to Capital company within a reasonable period of time require the communication of the turnover (§ 277 para. 1) and the average number of employees (§ 267 para. 5) or information on the property as a capital company in the sense of § 327a. If the capital company does not submit the notification within the prescribed period, the facilities shall be deemed to have been unjustly taken into account.(3) In the cases of § 325a (1) sentence 3 and § 340l (2) sentence 6, the submission of a translation into the German language may be required in individual cases.(4) The examination referred to in the first sentence of paragraph 1, that the documents to be disclosed have not been submitted or incompletely submitted, shall be the administrative authority responsible for the conduct of the order-making procedure in accordance with Articles 335, 340o and 341o.

Footnote

(+ + + § 329 para. 1, 2 and below) 4: For use, see § 160 (1) KAGB + + +)

Fifth Subsection
Regulation Empowerment for Forms and Other Rules

A non-official table of contents

§ 330

(1) The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of Finance and the Federal Ministry of Finance, to Federal Ministry for Economic Affairs and Energy by means of a regulation which does not require the approval of the Federal Council, prescribe forms for corporations or other provisions for the breakdown of the annual accounts or the To issue consolidated financial statements or the contents of the Annex, the Group's attachment, the management report or the group management report, if the branch of the business is an outline of the annual financial statements or the consolidated financial statements deviating from § § 266, 275 or The provisions of the First Section and of the First and Second Subsections of the Second Section require different arrangements. The requirements of the documents referred to in the first sentence of the first subparagraph shall be equivalent to the requirements laid down in the first sentence of the first sentence for large corporations (Article 267 (3)), and of the First and Second Subsections of the Second Section and of the rules applicable to the branch. Requirements beyond the applicable law may only be imposed in so far as they are based on acts of the Council of the European Union. The legal regulation in accordance with the first sentence may also allow deviations from the account form in accordance with § 266 (1) sentence 1. Sentence 4 shall also apply in cases in which a branch does not require an outline deviating from § § 266 and 275.(2) Paragraph 1 is applicable to credit institutions within the meaning of Article 1 (1) of the Law on credit accounts, insofar as they are not excluded from the application pursuant to Article 2 (1), (4) or (5) of this Act, and to financial services institutions within the meaning of Section 1 (1a) of the Law on Credit Law on credit accounts, insofar as they are not exempt from the application pursuant to § 2 (6) or (10) of the Act, and to institutions within the meaning of Article 1 (2a) of the Payment Services Supervisory Act, in accordance with the provisions of sentences 3 and 4, irrespective of their Apply the legal form. Sentence 1 shall also apply to branches of undertakings established in a Member State which is not a member of the European Community and also not a State Party to the Agreement on the European Economic Area, provided that the branch office is in accordance with Article 53 of the Treaty The provisions of paragraph 1 of the law on credit institutions shall be considered as a credit institution or as a financial institution. The legal regulation does not require the consent of the Federal Council; it is to be adopted in agreement with the Federal Ministry of Finance and in consultation with the Deutsche Bundesbank. The legal regulation in accordance with the first sentence may also include more detailed provisions on the preparation of the annual financial statements and consolidated financial statements within the framework of the required forms for the breakdown of the annual accounts and the consolidated financial statements, and the interim financial statements pursuant to § 340a (3) and the interim consolidated financial statements pursuant to Section 340i (4) shall be included in so far as this is necessary for the performance of the tasks of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) or the Deutsche Bundesbank (Bundesanstalt für Finanzdienstleistungs , in particular in order to obtain uniform documents for the assessment of banking transactions and financial services carried out by credit institutions and financial services institutions.(3) Paragraph 1 shall apply to insurance undertakings in accordance with the provisions of sentences 3 and 4 irrespective of their legal form. Sentence 1 shall also apply to branches within the scope of this Act by insurance undertakings established in another State if they are to operate the direct insurance business of the permit by the German authorities Insurance supervisory authority. The legal regulation requires the approval of the Federal Council and is to be adopted in agreement with the Federal Ministry of Finance. The legal regulation in accordance with the first sentence may also include more detailed provisions on the preparation of the annual financial statements and consolidated financial statements within the framework of the required forms for the breakdown of the annual accounts and the consolidated financial statements, and Rules on the approach and evaluation of technical provisions, in particular the approximation procedures, are to be included. The consent of the Federal Council is not required, provided that the Regulation serves exclusively for the purpose of allowing derogations under the first sentence of paragraph 1 and 5.(4) The legal regulation referred to in paragraph 1, in conjunction with paragraph 3, may determine that insurance undertakings to which Directive 91 /674/EEC, in accordance with Article 2 thereof, in conjunction with Article 3 of Directive 73 /239/EEC or in conjunction with Article 3 of Directive 91 /674/EEC, Article 2 (2) or (3) or Article 3 of Directive 79 /267/EEC shall be exempted from the provisions of the second subsection of the fourth section, in whole or in part, to the extent that this is necessary in order to be proportionate to the size of the fourth subsection of the fourth section of the fourth section of the fourth to avoid undue burden on insurance undertakings; paragraph 1, second sentence, shall not apply to this extent. In the legal regulation, these insurance companies may also be responsible for the breakdown of the annual financial statements and consolidated financial statements, for the preparation of the notes and the management report and the group management report, as well as for the disclosure of their Size appropriate simplifications are granted.(5) Paragraphs 3 and 4 shall apply accordingly to pension funds (Section 112 (1) of the Insurance Supervision Act).

Sixth Subsection
Criminal Law and Fines Rules
Order money

unofficial table of contents

§ 331 misrepresentation

Imprisonment of up to three years or a fine will be punished for who
1.
as a member of the representative body or of the Supervisory Board of a capital company Relationships of the capital company in the opening balance sheet, in the annual accounts, in the annual report or in the interim financial statements according to § 340a (3) untrue or veiled,
1a.
as a member of the representative body of a capital company for the purpose of liberation pursuant to § 325 (2a) sentence 1, para. 2b, an individual financial statements according to the provisions of § 315a (1) , the international accounting standards referred to in international accounting standards, in which the relationships of the capital company have been rendered inaccurate or disguised, intentionally or lightly,
2.
as a member of the representative body or the supervisory board of a capital company, the Group's relationships in the consolidated financial statements, in the group management report or in the Interim consolidated financial statements in accordance with Section 340i (4) disguised or disguised,
3.
as a member of the authorized body of a capital company for the purpose of: the exemption in accordance with § 291 (1) and (2) or § 292 of a consolidated financial statements or group management report, in which the circumstances of the group have been rendered inaccurate or disguised, either intentionally or in a reckless manner,
3a.
contrary to § 264 para. 2 sentence 3, § 289 para. 1 sentence 5, § 297 para. 2 sentence 4 or § 315 para. 1 sentence 6 an insurance is not properly issued,
4.
as a member of the representative body of a capital company or as a member of the representative body or as a representative partner of one of its members Subsidiaries (§ 290 (1), (2)) in reconnations or evidence which, according to § 320, are to be given to a statutory auditor of the capital company, of a related company or of the group, makes incorrect information or the relationships of the Capital company, a subsidiary company or the Group unproperly remembers or veils it.

Footnote

(+ + + § 331: For application see Art. 75 (1) HGBEG + + +)
(+ + + § 331 Nr. 3 u. 3a: For the first application, see: HGBEG Art. 62 + + +) Non-official table of contents

§ 332 breach of reporting obligation

(1) with imprisonment up to three years or with a fine shall be punished for who, as the auditor or assistant of a statutory auditor, on the result of the audit of an annual financial statements, an individual financial statements pursuant to section 325 (2a), a management report, a consolidated financial statements, a group management report of a capital company or an interim financial statements in accordance with section 340a (3) or of a group interim financial statements in accordance with § 340i (4) unproperly reports, in the examination report (§ 321) significant circumstances are conceded or a in the form of an incorrect confirmation note (§ 322).(2) If the offender acts against payment or in order to enrich himself or another or to harm another person, the penalty shall be punishable by imprisonment of up to five years or fine. unofficial table of contents

§ 333 breach of confidentiality

(1) Imprisonment of up to one year or a fine shall be punished, who is a secret of the capital company, of a subsidiary (§ 290 (1), 2), of a jointly controlled undertaking (§ 310) or of an associated undertaking (§ 311), in particular an operating or business secret which he/she has in his Property as auditor or assistant of a statutory auditor in the event of an audit of the annual financial statements, an individual financial statements pursuant to section 325 (2a) or of the consolidated financial statements, or who has a business or business secret or a business secret Knowledge about the company that has become known to him as an employee at a test site within the meaning of § 342b para. 1 in the case of testing activities, unauthorised disclosure.(2) If the offender acts against payment or in the intention to enrich himself or another or to harm another person, the penalty shall be punishable by imprisonment of up to two years or a fine. Likewise, it shall be punishable by unauthorised use of a secret of the type referred to in paragraph 1, in particular an operational or commercial secret which has become known to him under the conditions set out in paragraph 1.(3) The deed shall only be pursued at the request of the capital company. Non-official table of contents

§ 334 Penal Money Provisions

(1) Contrary to the law, who acts as a member of the representative body or of the representative body. Supervisory Board of a capital company
1.
when drawing up or establishing the annual financial statements a rule
a)
of § 243 (1) or (2), § § 244, 245, 246, 247, 248, 249 para. 1 sentence 1 or paragraph 2, § 250 (1) or (2), § 251 or § 264 (1a) or (2) on form or content,
b)
of § 253 (1) sentence 1, 2, 3, 4, 5 or sentence 6, subsection 2 sentence 1, also in connection with sentence 2, paragraph 3, sentence 1, 2, 3, 4 or sentence 5, para. 4 or 5, § 254 or § 256a on the valuation,
c)
of § 265, para. 2, 3, 4 or 6, § § § § § § 265. 266, 268, paragraphs 3, 4, 5, 6 or paragraph 7, § § 272, 274, 275 or § 277 on the structure or
d)
of § 284 or § 285 on the balance sheet, under the balance sheet or in the notes to be annexed,
2.
in the preparation of the consolidated financial statements of a requirement
a)
of § 294 (1) on the consolidation circle,
b)
§ 297 (1a), (2) or (3) or section 298 (1) in conjunction with § § 244, 245, 246, 247, 248, 249 (1) sentence 1 or (2), § 250 (1) or § 251 on Contents or Form,
c)
of § 300 on the consolidation principles or the completeness bid,
d)
of § 308 para. 1 sentence 1 in conjunction with the regulations referred to in point 1 (b), § 308 (2) or § 308a on valuation,
e)
of § 311 paragraph 1 sentence 1 in conjunction with § 312 on the treatment of associated companies or
f)
of § 308 (1) sentence 3, § 313 or § 314 on the information to be made in the consolidated appendix,
3.
in the preparation of the management report of a provision of § 289 or § 289a on the content of the management report,
4.
in the preparation of the group management report of a provision of section 315 (1), (2), (4) or (5) on the content of the report of the group management report,
5.
when disclosure, filing, publication or reproduction of a provision of § 328 above form or content or
6.
a regulation adopted pursuant to section 330 (1), first sentence, in so far as it is applicable to a certain amount of action on the basis of this fine. Refers
.(2) Contrary to the law, a statement pursuant to Section 322 (1) is granted to those who have concluded an annual financial statements, a separate financial statements pursuant to section 325 (2a) or a consolidated financial statements which is to be examined under statutory provisions, even though according to Article 319 (2), 3, 5, § 319a (1) sentence 1, paragraph 2, § 319b (1) sentence 1 or 2, or pursuant to § 319 (4), also in conjunction with § 319a (1) sentence 2, or § 319a (1) sentence 4, 5, § 319b paragraph 1, the accounting firm or the accounting firm, for that he or she is working on, not to be a statutory auditor.(3) The administrative offence can be punished with a fine of up to fifty thousand euros.(4) In the cases referred to in paragraphs 1 and 2, the Administrative Authority shall be the Federal Office of Justice in the cases referred to in Article 36 (1) (1) of the Act on Administrative Offences.(5) Paragraphs 1 to 4 shall not apply to credit institutions in the sense of § 340 and to insurance undertakings in the meaning of Section 341 (1).

Footnote

(+ + + § 334: For application, see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 335 setting of order money

(1) Against the members of the representative body of a capital company, the
1.
§ 325 on the obligation to disclose the annual financial statements, the management report, the consolidated financial statements, of the Group management report and other accounting documents, or
2.
§ 325a on the obligation to disclose the accounting documents of the
Federal Office of Justice (Bundesamt) shall not be required to comply with the principal place of businesswith paragraphs 2 to 6. In the case of point 2, the procedure shall be followed by a procedure for the application of the law in accordance with paragraphs 2 to 6. persons referred to in Article 13e (2) sentence 4 (3), as soon as they are registered, shall be replaced by the members of the representative body of the capital company. The monetary procedure may also be carried out against the capital company, for which the members of the representative body have to comply with the obligations set out in the first and second sentence of the first sentence. The proceedings shall not preclude the fulfilment of a prior obligation, in particular the preparation of the annual or consolidated financial statements or the immediate issue of the examination contract, not yet fulfilled. The order fee shall be at least two thousand and five hundred and no more than twenty-five thousand euros; the maximum amount of the order shall be increased to two hundred and fifty thousand euros if the capital company is capital-market-oriented in the sense of the § 264d. The Federal Office of the Federal Office of the Federal Republic of Germany(2) The proceedings are § § 15 to 19, § 40 (1), § 388 (1), § 389 (3), § 390 (2) to (6) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, as well as § 11 No. 1 and 2, § 12 (1) to (3), (2) and (3), § § 14, 15, 20 (1) and (3), § 21 (1), (23) and (26) of the Administrative Procedure Act, in accordance with the following paragraphs accordingly. The monetary procedure is a judicial administrative procedure. Auditors and sworn accountants, tax advisers, tax agents, persons and associations within the meaning of Section 3 (4) of the Tax Consultation Act as well as companies within the meaning of § 3 (2) and (3) of the Tax Consultation Act are also responsible for representing the parties concerned. Tax deliberations act, which act by persons within the meaning of § 3 No. 1 of the Tax Consultation Act.(2a) § 110a (1), Section 110b (1) sentence 1, para. 2 to 4, § 110c (1) and § 110d of the Code of Administrative Offences shall apply mutagenically to electronic records and communications. § 110a (2) sentences 1 and 3 as well as § 110b (1) sentence 2 and 4 of the Code of Administrative Offences shall apply mutagenically, with the proviso that the Federal Ministry of Justice and Consumer Protection shall comply with the regulation without the consent of the Federal Ministry of Justice and the Federal Republic of Germany. The Federal Council may delegate the authorization to the Federal Office of Justice by means of a legal regulation.(3) The parties referred to in the first and second sentences of paragraph 1 shall, under the threat of an order of order, be given a certain amount to comply with the threat of their legal obligation, within a period of six weeks from the date of access, or the Omission by means of opposition to the disposal of the person to be justified. At the same time, the costs of the proceedings must be borne by the parties concerned with the threat of order. The objection may be limited to objections to the decision on the costs. The objection to the threat of order and to the decision on the costs shall not have suspensive effect. If the objection leads to a cessation of the proceedings, the cost decision in accordance with the second sentence shall also be repealed.(4) If the parties do not comply with the threat of legal obligation at least six weeks after they have been granted access or have justified the omission by means of opposition, the order fee shall be fixed and at the same time the former under the threat of a renewed order of order. If the parties have complied with the legal obligation only after the six-week deadline has expired, the Federal Office shall reduce the order fee as follows:
1.
to an amount EUR 500 if the parties concerned have made use of the right of a micro-capital company in accordance with Article 326 (2);
2.
to an amount of EUR 1 000 if it is is a small capital company within the meaning of Section 267 (1);
3.
to an amount of EUR 2 500, if a higher order is threatened and the Numbers 1 and 2 do not exist, or
4.
in each case to a lesser amount if the parties exceed the six-week period only slightly
Only circumstances that occurred before the decision of the Federal Office have to be taken into consideration in the case of the reduction.(5) If the parties have been prevented from entering into an objection in the six-week period referred to in paragraph 4 or to comply with their legal obligation, the Federal Office of the Federal Republic of Germany has to grant them, upon request, reinstatation to the previous level. The fault of a representative is to be attributed to the person represented. A lack of debt will be presumed if a right of appeal is not or is in error. The application for re-establishment must be submitted to the Federal Office in writing within two weeks of the removal of the obstacle. The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. The missed action shall be taken at the latest six weeks after the removal of the obstacle. If, within one year from the expiry of the six-week period referred to in paragraph 4, no request for re-establishment of rights has been requested or the omitted act has been obtained, re-establishment of rights may no longer be granted. The reinstatability shall not be countervailable. If the parties concerned have not requested reinstatation or if the rejection of the application for re-establishment has become final, the parties concerned can no longer rely on the complaint that they were prevented from being in debt, in which: To appeal for six weeks or to comply with their legal obligation.(5a) (6) (6) In a procedure under paragraphs 1 to 5, if the Federal Office does not provide any evidence concerning the classification of a company within the meaning of Section 267 (1) to (3) or Article 267a, it may refer to the provisions of the first and second sentences of paragraph 1. Give up parties, the balance sheet total after deduction of a shortfall shown on the assets side (§ 268 (3)), the turnover (§ 277 (1)) and the average number of employees (§ 267 (5)) for the financial year in question and for the financial years required for classification. If the information in accordance with the first sentence does not apply, the further procedure shall be presumed that the facilitation of § § 326 and 327 cannot be used. The first and second sentences are valid for the consolidated financial statements and the group management report, with the proviso that § § 267, 326 and 327 of § 293 occurs.

Footnote

(+ + + § 335: For the application, see § 160 para. 1 KAGB + + +)
(+ + + § 335 (5) sentence 11 and 12: For application, see Art. 66 (6) HGBEG + + +)
(+ + + § 335 para. 5 sentence 11 and 12: For the expiry of the expiry date) Art. 66 (6) HGBEG + + +) unofficial table of contents

§ 335a Complaint against the setting of order money; legal complaint; authorization of regulation

(1) The decision to make the order fee or the objection or the application for re-establishment of rights is to be rejected, and the decision pursuant to Section 335 (3) sentence 5 shall be lodged in accordance with the provisions of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction, unless otherwise indicated in the following paragraphs.(2) The appeal shall be filed within a period of two weeks, which shall be decided upon by the regional court responsible for the seat of the Federal Office. In order to avoid significant procedural arrestings or to compensate for an excessive business burden, the Land Government of the country in which the Federal Office has its registered office shall be authorized to take the decision by means of a legal regulation on the Transfer the right of appeal according to sentence 1 to another district court or other county courts. The Land Government may delegate this authorisation to the Land Justice Administration. If a Chamber of Commercial Matters is formed in the District Court, this Chamber shall replace the Civil Chamber. If the civil chamber decides on the appeal, sections 348 and 348a of the Code of Civil Procedure shall be applied accordingly; the Chairman shall decide on a complaint pending at the Chamber of Commercial Matters. The District Court may, at its reasonable discretion, determine that the parties concerned shall be reimbursed, in whole or in part, from the State Treasury, the extra-judicial costs which were necessary for the appropriate legal proceedings. Sentence 6 shall apply mutatily if the Federal Office of the Complaint is to remedy the situation. § 91 (1) sentence 2 and § § 103 to 107 of the Code of Civil Procedure shall apply accordingly. Section 335 (2) sentence 3 shall apply.(3) The appeal decision shall be subject to the right of appeal if the District Court has allowed it. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply mutamatters to the provisions of the law, insofar as nothing else is provided for in this paragraph. The Oberlandesgericht (Oberlandesgericht), which is responsible for the seat of the Regional Court, decides on the legal complaint. The legal complaint is also available to the Federal Office. Before the Higher Regional Court, the parties must be represented by a lawyer; this does not apply to the Federal Office. The provisions of the second sentence of paragraph 2 shall apply accordingly.(4) For the electronic file management of the court and the communication with the court pursuant to paragraphs 1 to 3, § 110a (1), 110b (1) sentence 1, paragraphs 2 to 4, § 110c (1) and § 110d of the Code of Administrative Offences are shall apply accordingly. § 110a (2) sentences 1 and 3 and § 110b (1) sentences 2 and 4 of the Code of Administrative Offences shall apply with the proviso that the Land Government of the country in which the Federal Office maintains its registered office shall adopt the Regulation and the Empowerment may be transferred to the Land Justice Department by decree of law.

Footnote

(+ + + § 335a: For application see § 45 (3) sentence 3, § 123 (1) sentence 2 and § 160 para. 1 KAGB + + +)
(+ + + § 335a para. 3: For the first application, see Art. 70 (3) sentence 2 HGBEG + + +) Non-official table of contents

§ 335b Application of the fines and fines-as well as the rules of order for certain open trading companies and limited liability companies

The criminal provisions of § § 331 to 333, the fine law of § 334 as well as the ordinance of the order § 335 shall also apply to open trading companies and limited partnerships within the meaning of Section 264a (1). In this case, the proceedings pursuant to § 335 shall be directed against the personally liable partners or against the members of the representatives of the representatives of the members of the personally liable partners. It can also be directed against the open trading company or against the Kommanditgesellschaft. § 335a is to be applied accordingly.

footnote

(+ + + § 335b: For application see § 45 (3) sentence 3, § 123 (1) sentence 2 and § 160 (1) KAGB + + +)

Third Section
Supplementary Regulations for Registered Cooperatives

unofficial table of contents

§ 336

(1) The executive board of a cooperative has the annual financial statements (§ 242) to expand an appendix that includes the balance sheet and the profit and loss account to form a unit and to draw up a report. The annual accounts and the annual report shall be drawn up during the first five months of the financial year for the past financial year.(2) The annual accounts and the management report shall, unless otherwise specified in this section, apply the following provisions:
1.
§ 264, paragraph 1, sentence 4, first half-sentence and paragraph 1a, 2,
2.
§ § 265 to 289, with the exception of § 277
(3
,
289a (4) in accordance with the provisions of Section 9 (3) and (4) of the Cooperative Act.
Other provisions adopted by the The business branch is unaffected. Cooperatives which fulfil the characteristics of micro-capital companies according to § 267a (1) (micro cooperatives) may also facilitate the facilitation of micro-capital companies according to § 337 (4) and § 338 (4). apply.(3) § 330 (1) on the adoption of legal regulations must be applied accordingly.

footnote

(+ + + § 336: For application cf. Art. 75 (1) HGBEG + + +) Non-official Table of contents

§ 337 Rules on the balance sheet

(1) In place of the subscribed capital, the amount of the members ' business assets shall be shown. The amount of the business assets of the members who have been retired at the end of the financial year shall be disclosed separately. In the event that any repayment of deposits due to shares in the balance sheet is shown as a balance sheet, the corresponding amount on the assets side shall be set under the name "Repayments due to repayments on shares". If repayments are not shown as a business balance, the amount of the item "business balance" shall be recorded. In both cases, the amount shall be equal to the nominal value. A minimum capital fixed in the statutes shall be disclosed separately.(2) In lieu of the retained earnings, the result reserves shall be shown and broken down as follows:
1.
Statutory Reserve;
2.
Other earnings reserves; the earnings reserve in accordance with § 73 para. 3 of the Cooperative law and the amounts to be paid out of this earnings reserve to retired members must be noted.
(3) The earnings reserves shall be listed separately in the balance sheet or in the appendix:
1.
The amounts that are set by the General Assembly from the balance sheet profit of the previous year has;
2.
the amounts that are set from the annual surplus of the fiscal year;
3.
the amounts taken out for the fiscal year.
(4) micro cooperatives, the relief for micro-corporations according to § 266 (1) sentence 4 Make use of the amount of the members 'business assets as well as the legal reserve in the balance sheet in the liabilities item A capital as follows:
Of which:
members' business assets are legal Backsheet.

Footnote

(+ + + § 337: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 338 provisions to the appendix

(1) In the The Annex shall also include information on the number of persons who have entered or retired during the financial year and the number of members who have been members of the cooperative at the end of the financial year. In addition, the total amount by which the balance of business and the amounts of the members ' liability have increased or decreased this year shall be indicated and the amount of the sums of interest for which all the members shall meet at the end of the year .(2) The Annex shall also indicate:
1.
The name and address of the competent audit association to which the Co-operative;
2.
all members of the Management Board and the Supervisory Board, even if they are retired in the financial year or later, with the surname and at least one given first name; any chairman of the Supervisory Board shall be designated as such.
(3) In place of the information provided for in Article 285 (9) concerning the remuneration paid to members of institutions, advances and loans shall be disclosed only for the claims to be made by the Cooperative against members of the Management Board or Supervisory Board. The amounts of these exposures may be summed up in a sum for each institution.(4) Micro-cooperatives do not require the annual accounts to be extended by an annex if they indicate in the balance sheet:
1.
as described in § § 251 and 268 (7) , and
2.
the information referred to in paragraphs 1, 2, point 1, and paragraph 3.

Footnote

(+ + + § 338: For application, see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 339 disclosure

(1) The Executive Board shall immediately after the General Assembly on the annual accounts, but no later than before the end of the twelfth month of the financial year following the closing date, the determined annual accounts, the management report and the report of the supervisory board to be submitted electronically to the operator of the Federal Gazette. If the issuing of a confirmation notice pursuant to section 58 (2) of the Cooperative Act is required, it must be filed with the annual accounts; if the Examining Association has failed to confirm the annual financial statements, this must be done on the shall be recorded and the endorsement signed by the Examining Association. If the examination of the annual accounts is not completed at the time of submission of the documents referred to in the first sentence, the endorsement or the endorsement shall be submitted immediately after the examination has been completed. If the annual accounts or the management report are amended after the date of submission, the amended version shall also be submitted.(2) § 325 (1), second sentence, (2), (2), (2a) and (6), as well as § § 326 to 329, shall be applied accordingly. Where a micro-cooperative has made use of the facilitation of micro-capital companies in accordance with Article 326 (2), Section 9 (6) sentence 3 shall apply.

Footnote

(+ + + § 339: For application, see Art. 75 (1) HGBEG + + +)

Fourth Section
Supplementary Rules for Companies of Certain Business Branches

First Subsection
Supplementary Rules For Credit institutions and financial services institutions

First Title
Scope

unofficial table of contents

§ 340

(1) This subsection shall be applied to credit institutions within the meaning of § 1 (1) of the law on credit, insofar as it is based on the terms of section 2 (1) of this Act, 4 or 5 shall not be excluded from the application, and to branches of undertakings established in a State which is not a member of the European Community and also not a Contracting State of the Agreement on the European Economic Area if the branch is deemed to be a credit institution in accordance with Section 53 (1) of the Law on Credit Esen. § 340l (2) and (3) shall also apply to branches within the meaning of Section 53b (1), first sentence, and (7) of the Law on Credit, including in conjunction with a decree pursuant to Section 53c (1) of this Act, provided that such branches Branches shall operate banking transactions within the meaning of Article 1 (1), second sentence, Nos. 1 to 5 and 7 to 12 of this Act. Additional requirements are unaffected due to the legal form or branches of the branch.(2) This subsection shall be applied in addition to undertakings of the kind referred to in Article 2 (1) (4) and (5) of the Law on credit, in so far as they operate banking transactions which do not belong to the transactions which they are peculiar to them.(3) This subsection shall not apply to housing undertakings with savings institutions.(4) This subsection shall also be applied to financial services institutions within the meaning of Section 1 (1a) of the Law on Credit Services, insofar as they are not exempted from the application pursuant to Article 2 (6) or (10) thereof, as well as to branches of branch by undertakings established in another State which is not a member of the European Community and also not a State Party to the Agreement on the European Economic Area, provided that the branch is established in accordance with Article 53 (1) of the Law on the Credit institutions shall be considered as financial services institutions. Section 340c (1) shall not apply to financial services institutions and credit institutions, insofar as the latter are the control officers within the meaning of Section 27 (1) sentence 1 of the Stock Exchange Act and not CRR credit institutions within the meaning of Section 1 (3d) sentence 1 of the Act on the Credit giants. Additional requirements are unaffected due to the legal form or branches of the branch.(5) This sub-section shall also be applied to institutions within the meaning of Article 1 (2a) of the Payment Services Supervisory Act. Additional requirements based on legal provisions or branches shall remain unaffected.

footnote

(+ + + § 340: For use in the application). Art. 75 (1) HGBEG + + +)

Second Title
Annual Resolution, Location Report, Intermediate

Non-Official Table of Contents

§ 340a applicable rules

(1) Credit institutions, even if they are not in the legal form of a capital company, have, at their annual accounts, the provisions of the First Regulation applicable to large corporations Subsection of the second section, unless otherwise specified in the provisions of this subsection. Credit institutions shall also draw up a management report in accordance with the rules applicable to large corporations.(2) § 265 (6) and (7), § § 267, 268 (4) sentence 1, (5) sentence 1 and 2, § 276, 277 para. 1, 2, 3 sentence 1, § 284 Paragraph 2 (3), § 285 No. 8 and 12, § 288 are not to be applied. In lieu of Section 247 (1), § § 251, 266, 268 (7), § 275, 284 (3), 285 (1), 2, 4, 9 (c) and 27 (27), the forms and other provisions adopted by means of a decree-law shall apply. Section 246 (2) shall not apply to the extent that different provisions exist. § 264 (3) and (§ 264b) are to be applied with the proviso that the credit institution does not need to apply the provisions of the fourth subsection of the second section under the conditions set out above. Section 285 (31) shall not apply; under the items "extraordinary income" and "extraordinary expenses", the income and expenses incurred outside the ordinary course of business shall be shown. In the Annex, these items shall be explained with regard to their amount and nature, provided that the amounts shown are not of secondary importance for the assessment of the earnings situation.(3) Where credit institutions are subject to a review of interim financial statements to be carried out in order to identify interim results within the meaning of Article 26 (2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 646/2012 (OJ L 206, 7.7.2012, p. 1). 1), the accounting standards applicable to the annual accounts should be applied to them. The rules governing the appointment of the auditor shall be applied in accordance with the prudence of the auditor. The review shall be designed in such a way as to preclude, in the event of a conscientious exercise of the profession, that the interim financial statements are essentially contrary to the accounting principles to be applied. The auditor shall summarize the results of the review in a certificate. § 320 and § 323 apply accordingly.(4) In addition, credit institutions shall indicate in the notes to the annual accounts:
1.
all mandates in law to form supervisory bodies of large corporations (§ 267 (3)), which are perceived by legal representatives or other employees;
2.
all Shareholdings in large corporations exceeding five per cent of the voting rights.

Footnote

(+ + + § 340a: For application, see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 340b Pension transactions

(1) Pension transactions are contracts by which a credit institution or the client of a credit institution (pension provider) belongs to it Assets transferred to another credit institution or to one of its clients (borrowers) against payment of an amount and in which it is agreed at the same time that the property shall later be paid in respect of the payment of the received or a have or may have to be transferred back to the pension provider in advance of other amounts agreed upon.(2) The obligation to transfer the assets back to a particular date to be determined by the pension provider is a real repurchase of the pension.(3) If the pensioner is only entitled to transfer the property back to a certain point in time or to be determined by him, this is an unreal pension business.(4) In the case of genuine repurchase transactions, the assets transferred shall continue to be shown in the balance sheet of the pension provider. The pension provider shall, at the level of the amount received for the transfer, have a liability to the pensioner. Where a higher or lower amount is agreed for the retransmission, the difference shall be distributed over the maturity of the pension business. In addition, the pension provider shall specify the carrying amount of the assets in the pension in the appendix. The pensioner must not give his balance sheet the assets he or she has in his pension; he shall, at the level of the amount paid for the transfer, have a claim to the pension provider in his balance sheet. Where a higher or lower amount is agreed for the retransmission, the difference shall be distributed over the maturity of the pension business.(5) In the case of unreal repurchase agreements, the assets are not in the balance sheet of the pension provider, but in the balance sheet of the pensioner. The pension provider shall, on the balance sheet, indicate the amount agreed in the case of the retransmission.(6) Forex-futures, financial-futures and similar transactions, as well as the issueof treasury bonds on abbreviated time, shall not be considered as repurchase transactions within the meaning of this provision. Non-official table of contents

§ 340c Rules relating to the profit and loss account and to the appendix

(1) The income or expense of the trading stock is the Different amounts of all income and expenses from transactions with financial instruments of the trading stock and the trading of precious metals as well as the associated income from attributions and expenses from depreciation and amortization. The accounts shall also include expenditure on the formation of provisions for looming losses arising from the transactions referred to in the first sentence and the proceeds from the liquidation of such provisions.(2) The expenses arising from amortisation of participations, shares in affiliated companies and securities treated like fixed assets may be charged with the proceeds from attributions to such assets and in an effort or expense or expense. list of items to be included in the list. Expenses and income from transactions with such assets may also be included in the offsetting as defined in the first sentence.(3) Credit institutions, the reserves which are not realised to the liable capital under Section 10 (2b), first sentence, No. 6 or 7 of the Law on the Credit of Credit in the up to the 31. The balance sheet shall be set out in the Annex to the balance sheet and to the profit and loss account, as amended in December 2013, and shall be set out in the notes to the balance sheet and the income statement. Non-official table of contents

§ 340d Frist-lieder

The claims and liabilities are to be broken down in the attachment after the hairiness. For the breakdown by freshness, the remaining term is decisive at the balance sheet date.

Third Title
Assessment Regulations

unofficial table of contents

§ 340e valuation of assets

(1) credit institutions have shareholdings, including shares in affiliated companies, concessions, industrial property rights and similar rights and values, as well as licences in respect of such rights and values, land, rights and structures of the same land, including buildings on foreign land, technical installations and machinery, other installations, To assess the operating and commercial equipment and equipment under construction according to the rules applicable to the assets, unless they are not intended to serve the business in a continuous manner, in which case they shall be referred to in the second sentence. assess. Other assets, in particular claims and securities, shall be assessed in accordance with the rules applicable to the circulation of assets, unless they are intended to serve the business in a continuous manner; in such a case they shall be in accordance with the first sentence. Section 253 (3) sentence 6 shall apply only to participations and shares in affiliated undertakings in the meaning of the first sentence, as well as to securities and claims within the meaning of the second sentence, which are intended to serve the business operations in a permanent manner.(2) By way of derogation from Article 253 (1), first sentence, mortgage loans and other claims may be set at their nominal value, provided that the difference between the nominal amount and the payout amount or the acquisition cost is of interest character. Where the nominal amount is higher than the payout amount or the cost of acquisition, the difference in the balance sheet shall be included in the balance sheet; it shall be disbursed as planned and at its level in the balance sheet; or in the Annex, separately. Where the nominal amount is lower than the payout amount or the cost of acquisition, the difference in the balance of the accounts may be recorded on the assets side; it shall be disbursed in accordance with the plan and the amount in question shall be fixed at the level of the balance sheet. The balance sheet or in the Annex shall be given separately.(3) Financial instruments of the trading stock shall be assessed at their fair value less a risk-taking. A breakdown in the trade balance is excluded. The same shall apply to a breakdown from the stock of trade, unless exceptional circumstances, in particular serious adverse effects on the trading capacity of the financial instruments, lead to a task of commercial intent by the Credit institution. Financial instruments of the trading stock may subsequently be included in an evaluation unit; they shall be re-integrated into the trading stock at the end of the evaluation unit.(4) In the balance sheet, the special item "Fund for General Banking Risks" in accordance with § 340g shall be charged in each financial year with an amount equal to at least 10 per cent of the net income of the trading stock and to be disclosed separately there. This item must be resolved only
1.
to compensate for net trading assets, and
2.
to compensate for an annual misallocation, unless it is covered by a profit lecture from the previous year,
3.
to balance a loss order from the previous year as far as it is not covered by an annual surplus, or
4.
to the extent that it exceeds 50 percent of the average of the last five annual net income of the trading stock.
Resolutions that are made in accordance with the second sentence are listed in the appendix and explain.

Footnote

(+ + + § 340e: For application see Art. 75 (1) HGBEG + + +) unofficial table of contents

§ 340f advance care General Banking Risks

(1) Credit institutions may claim credit institutions and customers, debt securities and other fixed-income securities, and shares and other non-fixed-income securities, which are neither fixed assets nor fixed assets. , are still part of the trading stock, with a lower than the value prescribed or approved in accordance with section 253 (1) sentence 1, para. 4, insofar as this is subject to reasonable commercial assessment of the security against the specific risks of the business branch of the credit institutions. The amount of the reserve reserves thus formed shall not exceed four of the hundred of the total amount of the assets referred to in the first sentence of the first sentence of Article 253 (1) (4). A lower rate of value may be maintained.(2) (3) expenses and income arising from the application of paragraph 1 and from transactions with securities referred to in paragraph 1, and expenses arising from depreciation and amortisation, as well as income from attributions to these securities, may be used with the Expenses from depreciation and amortization on receivables, deliveries to provisions for contingent liabilities and for credit risks, as well as with the proceeds from attributions to receivables or from the receipt thereof by partial or complete Depreciation and repayment of provisions for contingent liabilities and for credit risks are charged and reported in the profit and loss account in an expense or earnings post.(4) Information on the formation and dissolution of reserve reserves in accordance with paragraph 1 as well as on statements made in accordance with paragraph 3 need not be made in the annual financial statements, management report, consolidated financial statements and group management report. Non-official table of contents

§ 340g Special post for general banking risks

(1) Credit institutions may take stock on the liabilities side of their balance sheet. in the case of general banking risks, constitute a special item entitled 'Funds for general banking risks', to the extent that this is necessary on the basis of a reasonable commercial assessment because of the particular risks inherent in the business branch of the credit institutions.(2) The benefits to the special item or to the income from the dissolution of the special item shall be shown separately in the profit and loss account.

Fourth title
currency translation

Non-official table of contents

§ 340h currency translation

§ 256a is applicable with the proviso that income resulting from the currency translation is in the The profit and loss account shall be taken into account in so far as the assets, liabilities or futures transactions are particularly covered by assets, liabilities or other futures in the same currency. name="BJNR002190897BJNG038201301 " />

Fifth Title
Group Financial Statements, Group Management Report, Consolidated Financial Statements

Non-official Table of contents

§ 340i obligation to set up

(1) Credit institutions, even if they are not operated in the legal form of a capital company, have, irrespective of their size, a consolidated financial statements and a group management report. to establish the provisions of the second subsection of the second subsection on the consolidated financial statements and the group management report, unless otherwise specified in the provisions of this subsection. Additional requirements due to the legal form of the legal form remain unaffected.(2) The consolidated financial statements are subject to § § 340a to 340g of the annual accounts and the companies included in the consolidated financial statements with their registered office in the scope of the consolidated financial statements, insofar as it does not require any deviation from the company's own nature. shall apply in accordance with the provisions of this law to the extent that they apply to large corporations. § § 293, 298 (1), § 314 (1) Nos. 1, 3, 6 (c) and (23) shall not apply. In the cases referred to in § 315a (1), the provisions referred to in paragraph 1 shall apply only to sections 290 to 292, 315a of this paragraph; the sentences 1 and 2 of this paragraph and § 340j shall not apply. Insofar as § 315a (1) refers to the provision of section 314 (1) (6) (c), the provision of Section 34 (2) (2) in conjunction with Section 37 of the credit institution accounting regulation in the version of the notice of 11 shall be replaced by the provisions of Section 315a (1) of the Financial Reporting Regulation. December 1998 (BGBl. 3658), as amended. Moreover, in the cases of § 315a (1), the credit institution's financial reporting regulation shall not apply.3. Credit institutions within the meaning of this Title shall also apply to parent undertakings whose sole purpose is to acquire holdings in subsidiaries and to administer and exploit such holdings, provided that such holdings are Subsidiaries are exclusively or mainly credit institutions.(4) Insofar as credit institutions have a pruferential review of consolidated interim financial statements for the purpose of establishing consolidated financial results within the meaning of Article 26 (2) in conjunction with Article 11 of Regulation (EU) No 575/2013, the accounting principles applicable to the consolidated financial statements shall be applied to them. The rules governing the appointment of the auditor shall be applied in accordance with the prudence of the auditor. The review shall be designed in such a way as to preclude, in the event of a conscientious exercise of the profession, that the interim financial statements are essentially contrary to the accounting principles to be applied. The auditor shall summarize the results of the review in a certificate. § 320 and § 323 apply accordingly.

footnote

(+ + + § 340i: For application see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 340j Enterprise to be included

A credit institution shall not enter into its consolidated financial statements a subsidiary undertaking which is a credit institution in accordance with Article 296 (1) (3) and is the temporary holding of shares or shares of that undertaking a financial support action for the remediation or rescue of the said undertaking shall be attributed to the annual accounts of the said undertaking and, in the notes to the consolidated financial statements, additional information on the nature and the To make the terms of the financial support action.

Sixth Title
Review

Non-tamous Contents

§ 340k

(1) Credit institutions, irrespective of their size, have their annual accounts and annual report, as well as their consolidated financial statements and group management report, without prejudice to the provisions of § § 28 and 29 of the Act on the In accordance with the provisions of the third sub-section of the second section of the second section on the examination, credit accounts shall be examined; Section 319 (1), second sentence, shall not apply. The examination shall be carried out at the latest before the end of the fifth month of the financial year following the closing date. The annual accounts shall be determined immediately after the examination.(2) If the credit institution is a cooperative or legal economic association, the examination shall, by way of derogation from the first sentence of Article 319 (1), be carried out by the examination board to which the credit institution belongs as a member, provided that the credit institution is more than the Half of the executive members of the Board of Management of this audit association are auditors. 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) apply accordingly to the statutory representatives of the Examination Association and to all persons employed by the Association of Examiners who may influence the outcome of the examination; § 319 (3), first sentence, No. 2 is not applicable to members of the supervisory board of the Examination Association, provided that it is ensured that the auditor may carry out the examination independently of the instructions given by the Board of Supervisors. If the parent company is a cooperative, the audit association to which the cooperative belongs is also a statutory auditor of the consolidated financial statements and the group management report under the conditions of the first to third sentences.(2a) In the course of the audit of the annual accounts of credit institutions designated in paragraph 2 by an audit association, the statutory audit opinion may be signed only 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 auditors working in the association shall be such that the auditors who are subject to the audit opinion may be responsible for the audit.(3) If the credit institution is a savings bank, the examinations prescribed in accordance with paragraph 1 may, by way of derogation from § 319 (1), first sentence, be carried out by the examination office of a savings bank and giro association. However, the examination may only be carried out by the Examination Office if the head of the examination office fulfils the conditions laid down in § 319 (1) sentence 1 and 2; § 319 (2), (3) and (5) as well as § 319a are to be applied to all of the savings banks and the Giroverband employed persons who may influence the outcome of the examination. In addition, it must be ensured that the auditor can carry out the examination independently of the instructions of the institutions of the Savings Banks and of the Girobans. Unless otherwise provided for by the Land Law, Section 319 (1) sentence 3 shall apply with the proviso that the certificate must have been issued by the Examination Office.(4) Financial services institutions and institutions within the meaning of Article 1 (2a) of the Payment Services Supervisory Act, whose balance sheet total does not exceed EUR 150 million on the reporting date, may also be reviewed by the persons referred to in Section 319 (1) sentence 2 .(5) Credit institutions, even if they are not operated in the legal form of a capital company, shall apply § 324 if they are capital-market-oriented in the sense of § 264d and do not have a supervisory board or a board of directors who are subject to the conditions § 100 (5) of the German Stock Corporation Act. This applies to savings banks within the meaning of paragraph 3 as well as other national public-law credit institutions only unless otherwise provided for by the Land law.

Seventh Title
disclosure

unofficial table of contents

§ 340l

(1) credit institutions have the annual accounts and management report, as well as the consolidated financial statements and the The group management report and the other documents referred to in § 325 according to § 325 (2) to (5), § § 328, 329 (1) and (4) are to be disclosed. Credit institutions which are not branches shall also have the documents referred to in the first sentence in each of the other Member States of the European Community and in any other Contracting State of the Agreement on the European Economic Area in which they have established a branch. The disclosure provided for in the second sentence shall be governed by the law of the Member State or State Party concerned.(2) branches within the scope of this Act by undertakings established in another State shall have the documents referred to in the first sentence of paragraph 1 of their principal place of business, which have been drawn up and examined in accordance with their law, in accordance with Article 325 Paragraph 2 to 5, § § 328, 329 (1), (3) and (4). Undertakings established in a third country within the meaning of the first sentence of Article 3 (1) of the Public Accountant Code, the securities of which are admitted to trading on the regulated market on a domestic stock exchange in the meaning of Article 2 (1) of the Securities Trading Act, also have a certificate issued by the Chamber of Auditors pursuant to Section 134 (2a) of the Auditor's Rules of Auditors on the registration of the auditor or a confirmation of the auditor's chamber pursuant to § 134 (4) sentence 8 of the Public Accountants ' Rules on the waiver of the obligation to enter. Sentence 2 shall not apply to the extent that only debt securities in the meaning of Section 2 (1) (3) of the Securities Trading Act with a minimum denomination of EUR 50 000 or a corresponding amount of other currency on a domestic stock exchange shall not be applied. Trade in the regulated market is authorised. Branches within the scope of this Act of undertakings established in a State which is not a member of the European Community and which is not a State Party to the Agreement on the European Economic Area, shall have to apply to their separate accounting documents referred to in the first sentence of paragraph 1 shall not be disclosed, provided that the documents to be published in accordance with sentences 1 and 2 are drawn up in accordance with a law adapted to Directive 86 /635/EEC; and or which are equivalent to the documents drawn up in accordance with one of those rights. The documents must be submitted in German. If this is not the official language at the head office of the main office, the documents of the principal place of business may also be
1.
in English or
2.
in a copy certified by the registry of the main office or,
3.
if a facility comparable to that of the register does not exist or is not authorized to provide certification, in one of the auditors certified by an auditor. Transcript, linked to the declaration that either a facility comparable to that of the register does not exist or is not authorised for authentication,
; a certified copy of the register shall be certified by the register. To submit a translation in German.(3) § 339 shall not apply to credit institutions which are cooperatives.(4) In the case of a credit institution exercising the right to vote pursuant to § 325 (2a) sentence 1, § 325 (2a) sentences 3 and 5 shall apply with the following measures:
1.
The provisions of the First Subsection of the Second Section of the Third Book referred to in Section 325 (2a), third sentence, shall also apply to credit institutions that do not apply in the
2.
§ 285 (8) (b) does not apply; however, the personnel expenses of the financial year are listed in the Annex for the individual financial statements according to § 325 (2a) according to the breakdown by form 3 in the item General administrative expenses Subheading (a) Staff expenditure of the credit institution-accounting regulation in the version of the notice of 11. December 1998 (BGBl. 3658), as amended, provided that such information does not appear separately in the profit and loss account.
3.
In place of § 285 No. 9 Point (c) applies to § 34 (2) (2) of the credit institution-accounting regulation in the version of the notice of 11. December 1998 (BGBl. 3658), as amended.
4.
The appendix also applies the provision of § 340a (4).
5.
In addition, the provisions of the second to fourth titles of this subsection and the credit institution accounting regulation are not applicable Application.

Footnote

(+ + + § 340i: For application, see Art. 75 (1) HGBEG + + +)

Eighth Title
Criminal and Fines Regulations, Order Money

Non-official Table of Contents

§ 340m Criminal Provisions

The criminal provisions of § § 331 to 333 are also not applicable in the legal form of a A capital company shall apply to financial services institutions within the meaning of Section 340 (4) and to institutions within the meaning of Section 340 (5). § 331 is also applicable to the breach of obligations by
1.
the business manager (§ 1 paragraph 2 sentence 1 of the Banking Act) of a not in the Legal form of the capital company operated credit institution or financial services institution within the meaning of section 340 (4) sentence 1,
2.
the business manager (§ 1 paragraph 8 (1) and (2) of the Payment Services Supervision Act) of an institution not operated in the legal form of the capital company within the meaning of Section 340 (5),
3.
the owner a credit institution or financial services institution operating in the legal form of the individual businessman within the meaning of section 340 (4) sentence 1 and
4.
the business manager within the meaning of Section 53 (2) (1) of the Banking Act.
Non-official table of contents

§ 340n Bußmonetary provisions

(1) Administrative Offlaw Who acts as a manager within the meaning of § 1 (2) sentence 1 or § 53 (2) (1) of the Banking Act or as the holder of a credit institution or financial services institution operating in the legal form of the individual businessman in the sense of the § 340 (4) sentence 1 or as a manager within the meaning of Section 1 (8), first sentence, and 2 of the Payment Services Supervisory Act of an institution within the meaning of Section 340 (5) or as a member of the Supervisory Board of one of the aforementioned companies
1.
when drawing up or establishing the annual financial statements or when setting up the Interim financial statements in accordance with § 340a (3) of a rule
a)
of § 243 (1) or (2), § § 244, 245, 246 Paragraph 1 or 2 thereof, in conjunction with Section 340a (2) sentence 3, § 246 (3) sentence 1, § 247 (2) or (3), § § 248, 249 (1) sentence 1 or (2), § 250 (1) or (2), § 264 (1a) or (2), § 340b (4) or (5) or of the § 340c (1) on Form or Content,
b)
Section 253 (1) sentence 1, 2, 3 or 4, subsection 2 sentence 1, also in conjunction with sentence 2, paragraph 3, sentence 1, 2, 3, 4 or sentence 5, para. 4 or 5, § § 254, 256a, 340e para. 1 sentence 1 or 2, para. 3 sentence 1, 2, 3 or 4 half sentence 2, para. 4 sentence 1 or 2, § 340f para. 1 sentence 2 or § 340g para. 2 on the valuation,
c)
of § 265 para. 2, 3 or 4, § 268 para. 3 or 6, § § 272, 274 or § 277 para. 3 sentence 2 on the outline,
d)
of § 284 (1), 2 (1), (2) or (4), (3) or 285 (3), (3a), (7), (9) (a) or (b), 10 to 11b, 13 to 15a, 16 to 26, 28 to 33, or the number 34 on the information to be provided in the Annex,
2.
in the preparation of the consolidated financial statements or the interim consolidated financial statements in accordance with Section 340i (4) of a Rule
a)
Section 294 (1) on the Consolidation Circle,
b)
§ 297 paragraph 1a, 2 or paragraph 3, or § 340i para. 2 sentence 1 in conjunction with one of the rules on form or content referred to in point 1 (a),
c)
of § 300 on the consolidation principles or the completeness offer,
d)
of § 308 (1) sentence 1 in connection with the provisions referred to in point 1 (b), section 308 (2) or section 308a on valuation,
e)
in connection with section 311 (1) sentence 1 in conjunction with § 312 concerning the treatment of associated companies or
f)
of § 308 (1) sentence 3, § 313 or § 314 on the Group attachment to be made Information
3.
when drawing up the management report of a provision of § 289 or § 289a on the content of the management report,
4.
in the preparation of the group management report of a provision in § 315 (1), 2, 4 or paragraph 5 on the content of the group management report,
5.
when disclosing, publishing, or duplicating a provision of § 328 above form or content, or
6.
a legal decree issued pursuant to section 330 (2) in conjunction with paragraph 1 sentence 1, insofar as it is applicable to a certain amount of action on this fine Refers
.(2) Contrary to the law, a statement pursuant to Section 322 (1) is granted to those who have concluded an annual financial statements, a separate financial statements pursuant to section 325 (2a) or a consolidated financial statements which is to be examined under statutory provisions, even though according to Article 319 (2), 3, 5, § 319a (1) sentence 1, para. 2, § 319b para. 1, pursuant to § 319 (4), also in conjunction with § 319a (1) sentence 2, or § 319a (1) sentence 4, 5, § 319b (1) the accounting firm or according to § 340k para. 2 or paragraph 3 of the Examining Association or the examination office for which he or she is acting may not be a statutory auditor.(3) The administrative offence can be punished with a fine of up to fifty thousand euros.(4) In the cases referred to in paragraphs 1 and 2, the Administrative Authority is the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht).

Footnote

(+ + + § 340n: For application, see § 36, paragraph 1, point 1 of the Act on Administrative Offences). Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 340o Setting of order money

People who have
1.
as the business manager within the meaning of § 1, paragraph 2, sentence 1 of the credit institution's law of credit or Financial services institution within the meaning of § 340 (4) sentence 1 or as a business manager within the meaning of § 1 (8) sentence 1 and 2 of the Payment Services Supervisory Act of an institution within the meaning of Section 340 (5) or as the holder of one in the legal form of the credit institution or financial services institution operated by the retailer within the meaning of the first sentence of Article 340 (4), the first sentence of Article 340l (1) in conjunction with § 325 (2) to (5), § § 328, 329 (1), on the obligation to disclose the Annual financial statements, the management report, the consolidated financial statements, the group management report and other accounting documents, or
2.
as the business manager of Do not follow branches in the sense of § 53 (1) of the Banking Act § 340l (1) or (2) concerning the disclosure of the accounting documents
, are to this effect by the Federal Office of Justice by setting the order fee shall be held. § § 335 to 335b are to be applied accordingly.

Second Subsection
Supplementary provisions for insurance companies and pension funds

First Title
Scope

Non-Official Table of Contents

§ 341

(1) This The sub-section shall, unless otherwise specified, apply to undertakings which are the subject of the operation of insurance transactions and which are not social security institutions (insurance undertakings). This shall not apply to such insurance undertakings which, under the law, collective agreements or articles of association, provide benefits exclusively for their members or persons benefiting from the law or the statutes, or as non-legally-capable persons Institutions shall cover their expenses in the repayment procedure, unless they are public limited liability companies, mutual insurance associations or legally competent municipal non-life insurance undertakings.(2) Insurance undertakings within the meaning of paragraph 1 shall also be subsidiaries within the scope of this Act by insurance undertakings established in another State if they are responsible for the operation of the direct insurance business of the authorisation by the the German insurance supervisory authority. Branches of insurance undertakings established in a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, which do not permit the operation of the direct insurance business by the German insurance supervisory authority, the supplementary provisions on the approach and valuation of assets and liabilities of the first to fourth titles of this sub-section and of the Insurance undertaking-accounting regulation in its current version.(3) Additional requirements on the basis of provisions which are due to the legal form or for branches shall remain unaffected.(4) The provisions of the first to seventh titles of this sub-section shall apply accordingly, with the exception of the second sentence of paragraph 1, to pension funds (Section 112 (1) of the Insurance Supervisors Act). § 341d is to be applied with the proviso that capital investments for the account and risk of employees and employers are to be assessed with the time value, taking into account the principle of caution; § § 341b, 341c are not applicable to this extent. name="BJNR002190897BJNG038800307 " />

Second Title
Annual Report, Location Report

Non-Official Table of Contents

§ 341a Applicable Rules

(1) Insurance undertakings shall have an annual accounts and a management report in accordance with the provisions of the First Subsection of the Second Section in the first four months of the first subsection of the To draw up a financial year for the past financial year and to submit it to the auditor for the purpose of carrying out the examination; the period laid down in Section 264 (1) sentence 3 shall not apply. If the insurance company is a capital company within the meaning of § 325 (4) sentence 1 and not at the same time in the sense of § 327a, the period after the first sentence shall be four months.(2) § 265 (6), § § 267, 268 (4) sentence 1, (5) sentence 1 and 2, § § 276, 277 (1) and (2), Article 285 (8) (a) and (§ 288) are not applicable. Instead of § 247 (1), § § 251, 265 (7), § § 266, 268 (7), § § 275, 284 (3), 285 (4) and 8 (b) and § 286 (2), the forms and other provisions adopted by means of a decree-law shall apply. Section 246 (2) shall not apply to the extent that different provisions exist. § 264 (3) and (§ 264b) are to be applied with the proviso that the insurance undertaking does not need to apply the provisions of the fourth subsection of the Second Section under the conditions set out above. Article 285 (3a) shall apply on the understanding that the information provided for such financial obligations arising from the insurance business shall not be made. Section 285 (31) shall not apply; under the items "extraordinary income" and "extraordinary expenses", the income and expenses incurred outside the ordinary course of business shall be shown. In the Annex, these items shall be explained with regard to their amount and nature, provided that the amounts shown are not of secondary importance for the assessment of the earnings situation.(3) In the case of sickness insurance undertakings which operate the health insurance business exclusively or predominantly in the manner of life assurance, the provisions in force for the accounts of the life assurance undertakings shall be equivalent to: ,(4) § 152 (2) and (3) and § § 170 to 176 of the German Stock Corporation Act shall apply accordingly to insurance undertakings which are not public limited companies, limited partnerships on shares or smaller associations.(5) In the case of insurance undertakings which have exclusively reinsurance or whose contributions exceed the other contributions from insurance taken into cover, the time limit referred to in the first sentence of paragraph 1 shall be extended from four months to ten months, provided that the financial year is in accordance with the calendar year; the general meeting or the assembly of the supreme representation which receives the annual financial statements or has to determine the annual accounts must differ from section 175 (1) Sentence 2 of the German Stock Corporation Act shall take place no later than 14 months after the end of the previous financial year. The four-month period referred to in the second sentence of paragraph 1 shall not be extended in the cases of the first sentence of sentence 1.

footnote

(+ + + § 341a: For application, see Art. 75 (1) HGBEG + + +)

Third Title
valuation rules

unofficial table of contents

§ 341b valuation of assets

(1) insurance companies Intangible assets, to the extent that they have been acquired, have land, equal rights and buildings, including buildings on foreign land, technical installations and machinery, other installations, operations and Equipment, construction and inventories to be assessed in accordance with the rules applicable to the assets. Sentence 1 shall also apply to investments, subject to the provisions of paragraph 2 and section 341c, in so far as it relates to holdings, shares in affiliated undertakings, lending to affiliated undertakings or to undertakings with which a proportion of the capital is , name-and-debt securities, mortgage loans and other claims and rights, other loans and deposit receivings from the insurance business acquired in the rediscovery of the insurance business. Section 253 (3) sentence 6 shall apply only to the assets referred to in sentence 2.(2) In the case of capital investments, in so far as the shares, including their own shares, shares or shares in investment assets, as well as other fixed-income and non-fixed-income securities, are concerned, the assets in force for the current Section 253 (1), first sentence, (4) and (5), § 256, unless they are determined to serve the business in a continuous manner; in this case, they must be assessed in accordance with the rules applicable to the assets of the company.(3) § 256 sentence 2 in conjunction with Section 240 (3) on the valuation of the fixed value is not to be applied to land, buildings and facilities under construction.(4) Contracts entered into by pension funds in the case of life assurance undertakings for the purpose of covering obligations towards beneficiaries shall be assessed with respect to the time value, taking into account the principle of prudence; the paragraphs 1 to 3 are not applicable to this extent.

Footnote

(+ + + § 341b: For application, see Art. 75 (1) HGBEG + + +) Non-official table of contents

§ 341c Name bonds, mortgage loans and other claims

(1) By way of derogation from Section 253 (1) sentence 1, name bonds may be assigned with their nominal amount.(2) Where the nominal value is higher than the cost of acquisition, the difference in the balance sheet shall be recorded on the liabilities side, to be resolved in accordance with the plan and to be specified separately in the balance sheet or in the notes in the notes. Where the nominal value is lower than the cost of acquisition, the difference in the balance of the accounts may be recorded on the assets side; it shall be disregarded as planned and in its balance sheet or separately in the notes to the balance sheet. .(3) In the case of mortgage loans and other exposures, the cost of acquisition plus or less the accumulated amortisation of a difference between the acquisition cost and the repayment amount may be applied by applying the effective interest method shall be applied. Non-official table of contents

§ 341d Investing stock of the fund-linked life insurance

Capital investments for the account and risk of holders of Life insurance for which an investment stock is to be formed in accordance with Section 54b of the Insurance Supervision Act shall be assessed with the time value taking into account the principle of prudence; § § 341b, 341c are not applicable. name="BJNR002190897BJNG039000307 " />

Fourth Title
Insurance Repositions

Non-tampering Table of Contents

§ 341e General accounting principles

(1) Insurance undertakings shall also be subject to technical provisions in so far as this is necessary after a reasonable commercial assessment, in order to ensure the permanent fulfilment of the to ensure the obligations arising from insurance contracts. The prudential rules adopted in the interest of the insured shall be those relating to the accounting principles to be used in the calculation of provisions, including the amount of the invoice to be used and the allocation of the accounts. to take account of certain capital gains in respect of provisions. The provisions shall be assessed on the basis of the value ratios at the closing date and shall not be deducted in accordance with Section 253 (2).(2) In addition to the cases of § § 341f to 341h, insurance provisions shall be made in particular
1.
for the part of the contributions, which represents yield for a certain time after the closing date (contribution surcharges);
2.
for performant-dependent and performant-independent contribution refunds, to the extent that the exclusive use of the provision for this purpose is provided by law, statutes, business plan A declaration or a contractual agreement is secured (provision for refund of contributions);
3.
for losses with which, after the closing date of the closing date, up to the end of the
() As far as an assessment pursuant to Section 252 (1) (3) or § 240 (4) is not possible or the costs associated with it are not possible. would be disproportionate, the provisions may be estimated on the basis of approximation procedures if it is to be assumed that they result in approximately the same results as individual calculations. Non-official table of contents

§ 341f opt-out

(1) Cover provisions are for the obligations arising from the life insurance and the insurance business operating in the manner of life assurance in the amount of its actuarial value, including any surplus shares already allocated, with the exception of the interest accumulated in excess and after deduction of the excess shares of the actuarial value of the future contributions (prospective method). Where it is not possible to determine the value of future commitments and future contributions, the calculation shall be based on the revenue and expenditure incurred in the previous financial years (retrospective method). (2) Formation of the cover provision shall also be taken into account in respect of interest rate commitments made in relation to the insured, provided that the current or expected returns on the assets of the undertaking to cover those commitments are is not sufficient.(3) In the sickness insurance scheme, which is operated in the manner of life assurance, an ageing reserve must be set up as a cover provision; this also includes the provision of amounts already supplied from the reserve for Reimbursement of contributions as well as attributions, which are used for the establishment of an accolation for a reduction in the contribution of old age. The calculation shall take account of the prudential rules applicable to the calculation of premiums. Unofficial table of contents

§ 341g Replacement for unwrapped insurance cases

(1) Repositions for not yet unwrapped Insurance cases shall be made up for the obligations arising from insurance cases which have occurred up to the end of the financial year but have not yet been unwound. In this connection, the total claims for compensation are to be taken into consideration.(2) Insurance cases which have not yet been reported before the end date but which have not yet been reported shall be assessed as a flat-rate provision. The experience gained with regard to the number of insurance cases reported after the closing date and the amount of the expenses incurred must be taken into account.(3) In the case of sickness insurance undertakings, the provision shall be determined on the basis of a statistical approximation procedure. In the first months of the financial year following the closing date of the closing date, payments shall be made for the insurance cases which have occurred up to the end date of the closing date.(4) In the case of co-insurance, the provision must correspond in proportion to at least the one which the leading insurer must form in accordance with the rules or exercise in the country from which he is acting.(5) Where the insurance benefits are to be provided in the form of a pension on the basis of a final judgment, comparison or recognition, the amounts to be refunded must be calculated in accordance with recognised actuarial methods. Non-official table of contents

§ 341h Fluctuation reserve and similar provisions

(1) Fluctuation reserves are to be used to compensate for the to form fluctuations in the course of the course of future years, especially if
1.
according to the experience in the insurance sector is to be expected to have significant fluctuations in annual insurance costs,
2.
the fluctuations not in each case by Contributions are balanced and
3.
the fluctuations are not covered by reinsurance.
(2) For risks of the same kind in which the compensation of Performance and consideration for the high risk of damage in individual cases according to actuarial principles cannot be found in the financial year, but can only be found in a period of time which cannot be determined at the closing date, is a provision and, in the balance sheet, to be shown as a "similar provision" under the fluctuation reserves.

Fifth Title
Consolidated Financial Statements, Group Management Report

Non-official Table of Contents

§ 341i Lineup, Deadlines

(1) Insurance companies, even if they are not in the legal form of a capital company , irrespective of their size, a consolidated financial statements and a group management report shall be drawn up. Additional requirements due to the legal form of the legal form remain unaffected.2. As an insurance undertaking within the meaning of this Title, parent undertakings whose sole or main purpose is to acquire holdings in subsidiaries shall also be considered to be responsible for managing and rendering such holdings viable, provided that: these subsidiaries are exclusively or mainly insurance undertakings.(3) By way of derogation from § 290 (1), the legal representatives of a parent company shall have the consolidated financial statements and the group management report within two months of the end of the period of delivery for the most recent and included in the consolidated financial statements. to be included in the consolidated financial statements and to submit to the auditor of the consolidated financial statements within twelve months of the closing date of the consolidated financial statements; is the parent undertaking a capital company within the meaning of section 325 (4), first sentence, and not at the same time in the sense of § 327a, shall be replaced by a period of not more than four months in the case of the period of no longer than twelve months. Section 299 (2), second sentence, must be applied with the proviso that the reporting date of the annual financial statements of a company may not exceed six months before the closing date of the consolidated financial statements.(4) By way of derogation from Section 175 (1) Sentence 1 of the German Stock Corporation Act, the consolidated financial statements and the group management report shall be the next general meeting to be convened at the latest after the termination period for the consolidated financial statements and the group management report, which shall: to take or determine the annual accounts of the parent undertaking. Unofficial Table Of Contents

§ 341j Applicable Rules

(1) The consolidated financial statements and the group management report are the provisions of the Second Subsection of the second section on the consolidated financial statements and the group management report and, insofar as the nature of the consolidated financial statements does not require deviations, § § 341a to 341h on the annual accounts as well as those for the legal form and the Branch of the undertakings included in the consolidated financial statements and having their registered office within the scope of this Act, to the extent that they apply to large limited companies. § § 293, 298 (1) and Article 314 (1) (3) and (23) shall not apply. Section 314 (1) (2a) shall apply on the condition that the information for such financial obligations arising from the insurance business shall not be made. In the cases of § 315a (1), by way of derogation from sentence 1, only the sections 290 to 292, 315a of the application; the sentences 2 and 3 of this paragraph and paragraph 2, section 341i (3) sentence 2, as well as the provisions of the insurance company-accounting regulation of the 8. November 1994 (BGBl. 3378) and the Pension Fund-Accounting Regulation of the 25. February 2003 (BGBl. 246), in their respective versions, shall not apply.(2) § 304 (1) does not need to be applied if the supplies or services have been carried out on customary market conditions and have justified claims by the policyholders.(3) § 170 (1) and (3) of the German Stock Corporation Act shall be applied to insurance undertakings which are not stock companies, limited partnerships on shares or smaller clubs.

Footnote

(+ + + § 341j: For application, see Art. 75 (1) 1 HGBEG + + +)

sixth title
review

unofficial table of contents

§ 341k

(1) Insurance undertakings shall, irrespective of their size, have their annual accounts and management report and their consolidated financial statements and group management report examined in accordance with the provisions of the third sub-section of the second section. § 319 (1) sentence 2 shall not apply. If no examination has taken place, the annual accounts may not be established.(2) § 318 (1) sentence 1 shall apply with the proviso that the auditor of the annual financial statements and of the consolidated financial statements shall be determined by the Supervisory Board. Section 318 (1) sentences 3 and 4 shall apply accordingly.(3) In the cases of Section 321 (1) sentence 3, the auditor shall immediately inform the supervisory authority.(4) Insurance undertakings, even if they are not operated in the legal form of a capital company, shall apply § 324 if they are capital-market-oriented in the sense of Section 264d and do not have a supervisory or administrative board to which the The requirements of § 100 (5) of the German Stock Corporation Act must be fulfilled. This applies only to national public-law insurance companies unless otherwise provided for by the state law.

Seventh Title
Disclosure

Non-official table of contents

§ 341l

(1) Insurance companies have the annual accounts and the management report, as well as the consolidated financial statements and the The group management report and the other documents referred to in § 325 according to § 325 (2) to (5), § § 328, 329 (1) and (4) are to be disclosed. Section 325 (1) of the insurance companies referred to in § 341a (5) must be applied with the proviso that the time limit for filing the documents to the operator of the Federal Gazette is 15 months, in the case of § 325 (4) sentence 1 four months; § 327a is to be applied.(2) By way of derogation from Section 325 (3), the legal representatives of a parent company shall immediately after the Annual General Meeting or the corresponding assembly of the supreme representation, which of the consolidated financial statements and the group management report , but at the latest before the end of the month following this Assembly, the consolidated financial statements with the endorsement or endorsement of the approval and the group management report, with the exception of the listing of the share ownership in the case of the Operator of the Federal Gazette to submit electronically.(3) To the extent that the first sentence of paragraph 1 refers to § 325 (2a) sentence 3 and 5, the following measures and supplementary provisions shall apply:
1.
The provisions of the First Subsection of the Second Section of the Third Book referred to in Section 325 (2a) sentence 3 shall also apply to insurance undertakings which do not appear in the
2.
In place of § 285 No. 8 (b), the provision of section 51 (5) in conjunction with the model 2 of the Insurance Company-Accounting Regulation of 8. November 1994 (BGBl. 3378), as amended.
3.
§ 341a (4) applies, insofar as it is based on the provisions of § § 170, 171 and 175 of the German Stock Corporation Act (Stock Corporation Act) on the Individual financial statements according to § 325 (2a) of this Act refer.
4.
The provisions of the second to fourth titles of this subsection as well as the provisions of the second to fourth titles are also referred to. Insurance Company Accounting Regulation no application.

Eighth Title
Criminal and Fines Regulations, Order Money

unofficial table of contents

§ 341m criminal rules

The criminal provisions of § § 331 to 333 are also not in the legal form of a capital company insurance companies and pension funds. § 331 is also to be applied to the breach of duties by the principal agent (Section 106 (3) of the Insurance Supervision Act). Non-official table of contents

§ 341n Bußfines

(1) is an administrative offence, who is a member of the representative body or the institution responsible for the Supervisory Board of an insurance company or a pension fund or as the principal agent (Section 106 (3) of the Insurance Supervision Act)
1.
when drawing up or determining the annual financial statements of a rule
a)
§ 243 para. 1 or 2, § § 244, 245, 246 para. 1 or 2, this in conjunction with § 341a (2) sentence 3, § 246 (3) sentence 1, § 247 (3), § § 248, 249 (1) sentence 1 or Paragraph 2, section 250 (1) or (2), § 264 (1a) or (2), § 341e (1) or (2) or § § 341f, 341g or 341h on the form or content,
b)
§ 253 para. 1 sentence 1, 2, 3 or sentence 4, para. 2 sentence 1, also in conjunction with sentence 2, paragraph 3 sentence 1, 2, 3, 4 or sentence 5, para. 4, 5, § § 254, 256a, 341b para. 1 sentence 1 or § 341d on valuation,
c)
of § 265 para. 2, 3 or 4, § 268 para. 3 or 6, § § 272, 274 or § 277 para. 3 sentence 2 on the outline,
d)
§ § 284, 285 No. 1, 2 or No. 3, also in conjunction with § 341a (2) sentence 5, or § 285 number 3a, 7, 9 to 14a, 15a, 16 to 33, or point 34 above the annex to be made in the appendix Information
2.
when the consolidated financial statements are set
a)
section 294 (1) on the scope of consolidation,
b)
§ 297 (1a), (2) or (3), or § 341j (§ 341j) (1), first sentence, in conjunction with one of the rules on the form or content referred to in point 1 (a),
c)
of § 300 on the principles of consolidation or the
(1) sentence 1 in conjunction with the provisions referred to in point 1 (b), § 308 (2) or § 308a on the Valuation,
e)
in § 311 (1) sentence 1 in conjunction with § 312 on the treatment of associated companies or
f)
§ 308 para. 1 sentence 3, § 313 or § 314 in conjunction with § 341j para. 1 sentence 2 or 3 on the statements to be made in the group attachment
3.
when setting up the management report of § 289 or § 289a on the content of the management report,
4.
in the preparation of the group management report of a provision in § 315 (1), 2, 4 or paragraph 5 on the content of the group management report,
5.
when disclosing, publishing, or duplicating a provision of § 328 above form or content, or
6.
a legal decree issued pursuant to section 330 (3) and (4) in conjunction with the first sentence of the first sentence of the first sentence of paragraph 1, insofar as it applies to a certain amount of action on this fine. Refers
.(2) Contrary to the law, a statement pursuant to Section 322 (1) is granted to those who have concluded an annual financial statements, a separate financial statements pursuant to section 325 (2a) or a consolidated financial statements which is to be examined under statutory provisions, even though according to Article 319 (2), 3, 5, § 319a (1) sentence 1, para. 2, § 319b (1) or § 319 (4), also in conjunction with § 319a (1) sentence 2, or § 319a (1) sentence 4, 5, § 319b (1), the accounting firm for which it is active, not to be auditor may.(3) The administrative offence can be punished with a fine of up to fifty thousand euros.(4) In the cases referred to in paragraphs 1 and 2, the Administrative Authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Bundesanstalt für Finanzdienstleistungsaufsicht (Federal Financial Supervisory Authority) for the insurance undertakings under its supervision and Pension funds. Where an insurance undertaking and pension fund is subject to the supervision of a national authority, the latter is responsible.

footnote

(+ + + § 341n: For application, see Art. 75 (1) HGBEG + + +) Unofficial Table Of Contents

§ 341o Setting Order Money

People,
1.
as members of the representative body of an insurance company or a pension fund § 341l in conjunction with § 325 on the obligation to disclose the Annual financial statements, the management report, the consolidated financial statements, the group management report and other accounting documents, or
2.
as the principal authorized representative (§ 106 3 of the Insurance Supervision Act) § 341l para. 1 on the disclosure of the accounting documents
are not to be complied with by the Federal Office of Justice by setting the order fee. § § 335 to 335b are to be applied accordingly. Non-official table of contents

§ 341p Application of criminal and fine fines and regulations on pension funds

The criminal provisions of the § § § § § § § § § § 341p. 341m, the fine provisions of § 341n as well as the ordinance of § 341o also apply to pension funds in the sense of § 341 para. 4 sentence 1.

Third Subsection
Supplementary provisions for certain Raw materials business

Footnote

(+ + + Third Usect.: For the first time, see Art. 75 (3) + + +)

First Title
Scope; Definitions

footnote

(+ + + third Usect.: For the first time, see Art. 75 (3) + + +) Non-official table of contents

§ 341q Scope

application This subsection shall apply to capital companies domicated in the extractive industries, who operate in the extractive industries or operate in primary forests where they are subject to the provisions of the third book provisions of the second section applicable to large corporations. The first sentence shall apply to persons trading companies within the meaning of section 264a (1).

footnote

(+ + + § 341q: For the first application, see: Art. 75 (3) + + +) Unofficial Table Of Contents

§ 341r Definitions

For the purposes of this subsection,
1.
Activities in the extractive industries: activities in the field of exploration, prospecting, discovery, development and extraction of minerals, petroleum, natural gas or other substances in the economic activities listed in Annex I, Section B Division 05 to 08 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 June 2006 December 2006 on the establishment of the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains (OJ L 378, 27.12.2006, p. 1).;
2.
Capital companies operating in primary forests: capital companies listed in Annex I Section A, Section 02, Group 02.2 of Regulation (EC) No 1893/2006, in areas of naturally regenerated forests with native species in which there are no clearly visible signs of human intervention and the ecological processes are not materially disturbed;
3.
Payments: amounts paid in cash or in kind in connection with activities in the the extractive industries or the operation of the logging in primary forests if they are based on one of the reasons described below:
a)
Production payment entitlements,
b)
taxes on the returns, production, or profits of Capital companies are levied, with the exception of excise duties, turnover taxes, value-added taxes and wage taxes of employees employed in corporations and comparable taxes,
c)
Usage fees,
d)
Dividends and other profit distributions Company shares,
e)
signature, discovery, and production bonuses
f)
License, rental and access fees, as well as other benefits for licenses or concessions, as well as
g)
Payments to improve infrastructure;
4.
State bodies: national, regional or local authorities of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or a third country, including the departments or agencies controlled by a public authority, and Entities to which one of these authorities may exercise a dominant influence within the meaning of Section 290;
5.
Projects: the summary of operational activities which are the subject of The basis for payment obligations vis-à-vis a state body and depend on
a)
a contract, a license, a lease, a concession or a similar legal agreement, or
b)
a set of contracts, licenses, leases or concessions, which are operationally and geographically connected, or related agreements with a state body that essentially provide similar conditions;
6.
Payment reports: reports on payments of capital companies in the public sector in connection with their activities in the extractive industries or with the operation of logging in primary forests;
7.
Group payment reports: parent companies ' payment reports on payments of all included companies to public authorities at a consolidated level in connection with their Activities in the extractive industries or with the operation of logging in primary forests;
8.
Report period: the financial year of the A capital company or parent company that has to produce the payment report or group payment report.

Footnote

(+ + + § 341r: For the first time, see Art. 75 (3) + + +)

Second Title
Payment Report, Group Payment Report and Disclosure

Footnote

(+ + + Third Usect.: For the first time, see Art. 75 (3) + + +) Non-official table of contents

§ 341s obligation to draw up the payment report; exemptions

(1) Capital companies within the meaning of § 341q have annually Create a payment report.(2) If the capital company is in the group payment report drawn up by it or by another undertaking established in a Member State of the European Union or another State Party to the Agreement on the European Economic Area , it does not need to draw up a payment report. In this case, the capital company shall specify in the notes to the annual financial statements, the company in which it is included in the group payment report, and where it is available.(3) Where the capital company has produced a report in accordance with the legislation of a third country whose reporting obligations the European Commission has assessed as equivalent in the procedure laid down in Article 47 of Directive 2013 /34/EU, and This report is disclosed in accordance with § 341w, it does not need to compile the payment report. The disclosure of this report is subject to § 325a, paragraph 1, sentence 3.

Footnote

(+ + + § 341s: For the first time, see Art. 75 (3) + + +) unofficial table of contents

§ 341t contents of the payment report

(1) In the payment report, the capital company has to indicate what payments they made to government in the reporting period. Entities in the extractive industries or in the operation of logging in primary forests have been involved in the operation of the extractive industries. Other payments may not be included in the payment report. If, in a reporting period, a capital company committed to the preparation of a payment report has not made any payments subject to reporting to a government body, it shall disclose in the payment report for the period under consideration only, that a business activity was carried out in the extractive industries, or that logging was carried out in primary forests, without any payments being made.(2) The capital company shall report only to the public authorities to which it has made payments directly; this shall also apply where a state body draws up the payment for several different public authorities.(3) If a public authority is a voting shareholder or shareholder of the capital company, then paid dividends or profit shares must be taken into account only if they are
1.
not paid under the same conditions as other shareholders or shareholders with comparable shares or shares of the same class, or
2.
instead of production rights or usage charges paid.
(4) The capital company needs payments regardless of whether they are a one-off payment or as a single payment. A series of related payments shall not be included in the payment report if they fall below EUR 100 000 during the reporting period. In the case of an existing agreement on regular payments, the total amount of related regular payments or rates shall be considered during the reporting period. A government body to which a total of less than EUR 100 000 has been paid during the reporting period does not need to be taken into account in the payment report.(5) Where payments are made as benefits in kind, they shall be taken into account in their value and, where appropriate, their extent. Where appropriate, the payment report shall explain how the value has been set.(6) Where payments are made, reference shall be made to the content of the payment or activity in question and not to the form of such payment. Payments and activities must not be artificially split or aggregated with the aim of circumventing the application of this subsection.

Footnote

(+ + + § 341t: For the first time, see Art. 75 (3) + + +) Non-official Table of Contents

§ 341u Outline of the payment report

(1) The payment report is to be divided into states. For each State, the capital company shall designate the public authorities to which it has made payments within the reporting period. The designation of the state body must make it possible to have a clear assignment. For this purpose, it is generally sufficient to use the official name of the state body and to indicate in addition where the place and region of the state is located. The capital company does not need to break down the payments according to which raw materials they refer to.(2) For each State body, the capital company shall provide the following information:
1.
The total amount of all payments made to this State Body and
2.
the total amounts separately in accordance with the terms of payment specified in § 341r (3) (a) to (g); to name the reasons for payment, it is sufficient to specify the terms of payment according to § 341r point 3 of the relevant letter.
(3) When payments have been made to a government agency for more than one project, the following information should be added to each project:
1.
a unique label of the project,
2.
the total amount of all in relation to the project to this Government agency payments and
3.
the total amounts separately according to the terms of payment specified in section 341r (3) (a) to (g), which are to be paid to the public authorities. For the purposes of the project, the indication of the reasons for payment shall be sufficient to indicate the letter referred to in section 341r (3).
(4) The information referred to in paragraph 3 shall not be required for payments to be made to the satisfaction of the Obligations imposed on the capital company without being assigned to a particular project.

Footnote

(+ + + § 341u: For the first time, see Art. 75 (3) + + +) Non-official table of contents

§ 341v Group Payment Report; Liberation

(1) Capital companies within the meaning of § 341q, which are parent companies (§ 290), have an annual Group Payment Report to be created. Parent companies are also active in the extractive industries, or are engaged in logging in primary forests if these conditions are met only by one of their subsidiaries.(2) A parent undertaking shall not be obliged to draw up a group payment report if it is also a subsidiary of another parent undertaking established in one of the Member States of the European Union or in another Member State. The contracting state of the Agreement on the European Economic Area.(3) The group payment report shall include the parent undertaking and all subsidiaries, irrespective of their headquarters; the rules applied to the consolidated financial statements shall be applied accordingly, to the extent provided in the following paragraphs nothing else is determined.(4) Companies that do not operate in the extractive industries and do not operate a logging in primary forests shall not be included in paragraph 3. A company does not need to be included in the group payment report if it does not include
1.
in the consolidated financial statements according to § 296 (1) (1) or (3) ,
2.
was not included in the consolidated financial statements in accordance with Section 296, paragraph 1, point 2, and the information required for the preparation of the Group's payment report also only with disproportionately high costs or undue delays.
(5) § § 341s to 341u shall be applied to the Group payment report accordingly. The consolidated financial statements shall provide consolidated information on all payments to public authorities in respect of their activities in the extractive industries or with the logging in of the undertakings concerned in the Primary forests have been provided. The parent company does not need to restructure the payments according to which raw materials they refer to.

Footnote

(+ + + § 341v: For the first application, see Art. 75 (3) + + +) unofficial table of contents

§ 341w disclosure

(1) The legal representatives of corporations have the payment report no later than one year after the closing date of the closing date. to be submitted electronically in the German language to the operator of the Federal Gazette and to make it known immediately after submission in the Federal Gazette.(2) Paragraph 1 shall apply mutatily to the legal representatives of parent companies who have to draw up a Group payment report.(3) § 325 (1), second sentence, and paragraph 6, as well as sections 328 and 329 (1), (3) and (4), apply accordingly.

footnote

(+ + + § 341w: For the first time, see Art. 75 (3) + + +)

Third Title
Fines, Order money

Footnote

(+ + + Third Usect.: For the first time, see the section below. Art. 75 (3) + + +) Non-official Table of Contents

§ 341x fines regulations

(1) acts contrary to the law, who, as a member of the representative body or the supervisory board of a capital company,
1.
in the preparation of a payment report of a provision in § 341t (1), (2), (3), (5) or (6) or (§ 341u (1), (2) or (3) on the content or outline of the The payment report is contrary or
2.
in the preparation of a group payment report of a provision of § 341v paragraph 4 sentence 1 in conjunction with § 341t (1), (2), 3, 5 or 6 or § 341u (1), (2) or (3) on the content or structure of the group payment report.
(2) The administrative offence can be punished with a fine of up to fifty thousand euros.(3) The Federal Office of Justice shall be the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences in the cases referred to in paragraph 1.(4) The provisions of paragraphs 1 to 3 shall also apply to the members of the legal representative bodies of persons trading companies within the meaning of § 341q sentence 2.

footnote

(+ + + § 341x: For the first application, see: Art. 75 (3) + + +) A Non-Official Table of Contents

§ 341y Order Monetary Provisions

(1) Against the members of the representative body of a capital company in the According to § 341v, § 341v, § 341v, which do not comply with § 341w with regard to the obligation to disclose the payment report or the group payment report, the Federal Office of Justice (Bundesamt für judiciary) shall apply the provisions of § § 335 until 335b to carry out a monetary procedure. The proceedings may also be directed against the capital company.(2) The Federal Office of Justice may request a capital company to make a statement as to whether it operates in the extractive industries within the meaning of § 341q or whether it operates logging in primary forests, and may set a reasonable time limit. The request shall be justified. If the capital company makes no statement within the time limit, it is presumed that the company falls within the scope of section 341q for the initiation of the proceedings in accordance with paragraph 1. The sentences 1 to 3 shall be applied accordingly if the Federal Office of Justice has reason to believe that a capital company is a parent company within the meaning of Section 341v (1).(3) The above paragraphs shall apply mutatily to persons trading companies within the meaning of § 341q sentence 2.

footnote

(+ + + § 341y: For the first time, cf. Art. 75 (3) + + +)

Fifth Section
Private Accounting Body. Accounting Advisory Board

Non-official table of contents

§ 342 Privates Accounting Body

(1) The Federal Ministry of Justice and for consumer protection, a private-sector body can recognise by contract and carry out the following tasks:
1.
Development of recommendations on the application of the principles on group accounting,
2.
Consulting of the Federal Ministry of Justice and Consumer Protection in the case of legislative projects on accounting rules,
3.
Representation of the Federal Republic of Germany in International standardization bodies and
4.
Development of interpretations of international accounting standards in the sense of § 315a (1).
however, only such a body is recognized which, by virtue of its statutes, ensures that the recommendations and interpretations are developed and adopted independently and exclusively by accounting officers in a procedure which is interested members of the general public. To the extent that companies or organizations of accounting officers are members of such a body, the membership rights may only be exercised by invoice leeders.(2) The observance of the principles of regular accounting relating to the accounting of the consolidated financial statements is presumed to the extent that the Federal Ministry of Justice and the Federal Ministry of Consumer Protection have made known recommendations of a set of accounts recognized in accordance with the first sentence of paragraph 1. Equipment has been observed. Non-official table of contents

§ 342a Accounting Advisory Board

(1) The Federal Ministry of Justice and Consumer Protection, subject to paragraph 9 an accounting advisory board with the tasks set out in § 342 (1) sentence 1.(2) The Accounting Advisory Board shall be composed of
1.
a representative of the Federal Ministry of the Justice and Consumer Protection as a presiding judge, as well as a representative of the Federal Ministry of Finance and the Federal Ministry of Economic Affairs and Energy,
2.
four representatives of companies,
3.
four representatives of the accountants,
4.
two representatives of the universities.
(3) The members of the Accounting Advisory Board are appointed by the Federal Ministry of Justice and Consumer Protection. Only billboard members are to be appointed as members.(4) The members of the accounting advisory board shall be independent and not bound by instructions. Her work in the Advisory Board is honorary.(5) The Federal Ministry of Justice and Consumer Protection may adopt a point of order for the Advisory Council.(6) The Advisory Board may set up specialist committees and working groups for certain subject areas.(7) The Advisory Board, its specialised committees and working groups shall be eligible for a quorum if at least two-thirds of the members are present. In the case of votes, the majority of votes shall decide, in the case of a tie, the vote of the chairman.(8) The recommendations of the Accounting Advisory Board shall apply in accordance with Section 342 (2).(9) The formation of an Accounting Advisory Board in accordance with paragraph 1 shall not be established, insofar as the Federal Ministry of Justice and Consumer Protection recognizes an institution in accordance with § 342 (1).

Sixth Section
Financial Reporting Checkpoint

Non-official table of contents

§ 342b Accounting audit office

(1) The Federal Ministry of Justice and consumer protection, in agreement with the Federal Ministry of Finance, can recognise a private-law organisation for the examination of breaches of accounting rules by contract (test centre) and the institution which is responsible for the investigation of infringements of accounting rules. carry out the tasks set out in the following paragraphs. Only such a body may be recognised which, by virtue of its statutes, its composition of staff and the rules of procedure submitted by it, shall ensure that the audit is independent, factual, confidential and subject to compliance with the rules of the of a defined process sequence. Amendments to the Articles of Association and the Rules of Procedure are to be approved by the Federal Ministry of Justice and Consumer Protection in agreement with the Federal Ministry of Finance. The inspection body may use other persons in carrying out their duties. The Federal Ministry of Justice and Consumer Protection is aware of the recognition of a test site and an end to the recognition in the official part of the Federal Gazette.(2) The Examination Office shall examine whether the last annual financial statements and the related management report, or the consolidated financial statements and the related group management report, as last approved, and the recently published abbreviated financial statements and the consolidated financial statements and the consolidated financial statements, Related interim management report of a company within the meaning of sentence 2 of law, including the principles of regular accounting, or other accounting standards authorized by law. The financial statements and reports of companies whose securities are admitted to trading on a domestic exchange in the regulated market within the meaning of Article 2 (1) of the German Securities Trading Act (Securities Trading Act) are examined. Check the test site,
1.
as far as concrete evidence of a breach of accounting rules,
2.
at the request of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) or
3.
without special occasion (random check).
In the case of sentence 3, no. 1, the test is not carried out if there is no public interest in the examination; Sentence 3 (3) shall not apply to the examination of the abbreviated conclusion and the related interim report. The sample-type test shall be carried out in accordance with the principles laid down by the examination office in agreement with the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance. The Federal Ministry of Finance can transfer the authorization to grant its agreement to the Federal Financial Supervisory Authority.(3) An audit of the annual financial statements and the associated management report by the investigating body does not take place as long as a lawsuit is pending for invalidity in accordance with Section 256 (7) of the German Stock Corporation Act (AktG). If a special examiner has been appointed in accordance with Section 142 (1) or (2) or Section 258 (1) of the German Stock Corporation Act, an examination shall likewise not take place, insofar as the subject matter of the special examination, the examination report or a court decision on the final findings of the special examiners according to § 260 of the German Stock Corporation Act (AktG).(4) If the company participates in an audit by the inspection body, the legal representatives of the company and the other persons, who serve the legal representatives in the participation, are obligated, correct and provide complete information and provide correct and complete documentation. The information and the submission of documents may be refused in so far as these persons, or one of the members of the criminal proceedings referred to in Article 52 (1) of the Code of Criminal Procedure, are liable to prosecution or to proceedings after the Law on Administrative Offences would suspend. The obligated person shall be informed of his right to refuse.(5) The inspection body shall inform the company of the result of the examination. If the examination shows that the accounts are defective, it shall give reasons for their decision and give the undertaking the opportunity to submit comments on whether it agrees with the outcome of the audit. is.(6) The Federal Financial Supervisory Authority of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) reports on
1.
the intention to:
2.
the refusal of the affected company to participate in an audit
3.
the result of the review and, if applicable, whether the company has agreed to the exam result.
An appeal against it is not stateful.(7) The inspection body and its employees shall be obliged to carry out a conscientious and impartial examination; they shall be liable for damage caused by the audit activity only in the case of substitutes.(8) The verifier shall indicate facts which justify the suspicion of a criminal offence relating to the accounts of a company, the competent authority for the prosecution. Facts that indicate the existence of an infringement of professional duties by the auditor, shall be forwarded to the Chamber of Auditors.

Footnote

(+ + + § 342b para. 2 sentence 1: For the first application, see: HGBEG Art. 62 + + +) Non-official table of contents

§ 342c Confidentiality Obligation

(1) The employees at the test office are obliged to use the business and To maintain secrecy of business secrets of the company and the knowledge gained in its audit work on the company. This does not apply in the case of legally justified notification obligations. The persons employed by the test office shall not use any unauthorised disclosure of business and business secrets which they have experienced in their activities. Any person who intentionally or negligently violates these obligations shall be obliged to the audited entity and, if a related undertaking has been harmed, to compensate for the damage resulting therefrom. Several persons are liable as total debtors.(2) The replacement obligation of persons who have acted negligently shall be limited to an examination and the related breaches of duty on the amount referred to in section 323 (2) sentence 2. This shall also apply where a number of persons have been involved in the examination or if several acts have been committed to replace them, and irrespective of whether other parties have acted intentionally. If, in the case of the first sentence, a number of undertakings have been damaged by an act which is binding in respect of compensation, the total replacement obligation shall be limited to two times the maximum limit of the first sentence. If, in this case, a number of compensation to be paid under the fourth sentence of paragraph 1 is greater than twice the maximum limit of the first sentence, the individual compensation shall be reduced in proportion to the total amount to twice the maximum limit. of sentence 1.(3) § § 93 and 97 of the Tax Code shall not apply to the persons referred to in the first sentence of paragraph 1, insofar as they are active in the implementation of Section 342b. They shall apply to the extent that the financial authorities require the knowledge necessary for the implementation of a procedure for a tax offence and related taxation procedures, in the pursuit of which there is a compelling public interest. , and not facts which have been communicated by a foreign body entrusted with the examination of accounting violations. Non-official table of contents

§ 342d Financing of the audit office

The audit office has the authority to finance the performance of its tasks to draw up an economic plan for the following year in agreement with the Bundesanstalt für Finanzdienstleistungsaufsicht (Federal Financial Supervisory Authority). The economic plan is to be submitted for approval to the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance for approval. The Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) shoots the examination office of the costs which are likely to be incurred in accordance with § 17d (1) sentence 3 of the Financial Services Supervision Act (Financial Services Supervisory Act) Transfer prepayment, taking into account any shortfalls and amounts not received according to the ratio of economic plan to the relevant part of the budget plan of the Bundesanstalt für Finanzdienstleistungsaufsicht (Federal Financial Supervisory Authority). At the end of the financial year, the audit body shall draw up its annual accounts. The discharge is given by the competent body of the audit body with the agreement of the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance. Non-official table of contents

§ 342e Penal rules

(1) The order is in breach of the law, who intentionally or negligently violates § 342b (4) sentence 1 of the The inspection body does not provide information correctly or completely or does not submit a document correctly or not in its entirety.(2) The administrative offence can be punished with a fine of up to fifty thousand euros.(3) The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) is the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) in the sense of Section 36 (1) (1) of the Law on Administrative Offences.

Fourth book
trading stores

First section
General rules

unofficial Table of contents

§ 343

(1) Trade transactions are all business of a merchant who is part of the business of his commercial business.(2) (omitted) unofficial table of contents

§ 344

(1) The legal transactions carried out by a merchant are in doubt as to the operation of the Trade-related.(2) The school notes drawn by a trader shall be deemed to have been drawn up in the course of the operation of his commercial business, unless the contrary results from the document. Non-official table of contents

§ 345

A legal transaction that is a trading business for one of the two parts shall be subject to the provisions of Trade transactions for both parts shall be applied uniformly, unless otherwise provided by these provisions. Non-official table of contents

§ 346

In view of the importance and effect of actions and omissions in the business, the merchants To take account of the habits and customs of trade. Non-official table of contents

§ 347

(1) Who is responsible for diligence from a store that is a trading business on its side. is to stand up for the diligence of a prudent businessman.(2) The provisions of the Civil Code remain unaffected, according to which the debtor is to represent only gross negligence in certain cases, or only to stand for the diligence which he/she shall apply in his own affairs. . Unofficial table of contents

§ 348

A contractual penalty that is promised by a merchant in the operation of its commercial business cannot be based on reason. the provisions of Section 343 of the Civil Code are reduced. Non-official table of contents

§ 349

If the guarantor is a commercial business, the surety is not available to the guarantor of the advance. The same applies to the person who is liable as a guarantor from a credit order. unofficial table of contents

§ 350

You can find a guarantee, a promise of guilt, or an acknowledgement of debt, provided that the guarantor is on the page of the guarantor, the promise or the recognition on the side of the debtor is a trading business, the formal provisions of § 766 sentence 1 and 2, § 780 and § 781 sentence 1 and 2 of the Civil Code no application. unofficial table of contents

§ 351

(omitted) unofficial Table of contents

§ 352

(1) The amount of statutory interest, with the exception of interest rates, is five of the hundred for the year in the case of commercial transactions on both sides. The same shall apply if interest is promised for a debt arising from such a commercial transaction without determining the interest rate.(2) If the obligation to pay interest is pronounced in this Code without determining the amount, interest shall be understood to be five of the hundred for the year. Non-official table of contents

§ 353

merchants with one another are entitled to pay for their claims on both-sided trade transactions from the day of the To demand maturity of interest. Interest on interest may not be required on the basis of this provision. Non-official table of contents

§ 354

(1) Anyone who is concerned or provides services in the exercise of its commercial business can also do so. without appointment commission and, if it is a storage, to demand storage money according to the usual rates in the place.(2) In the case of loans, advances, outlays and other uses, it may be calculated from the day on which interest is paid. Non-official table of contents

§ 354a

(1) The assignment of a monetary claim by agreement with the debtor in accordance with § 399 of the Civil In the case of both parts of a commercial transaction, or if the debtor is a legal person under public law or a special fund under public law, the legal transaction is excluded and is the legal transaction which has justified this requirement. the assignment is equally effective. The debtor can, however, afford to have a liberating effect on the previous creditor. Deviating agreements are ineffective.(2) Paragraph 1 shall not apply to a claim arising from a loan agreement, the creditor of which is a credit institution within the meaning of the Banking Act. Non-official table of contents

§ 355

(1) If someone is in a business relationship with a merchant in such a way that the connection from the connection is mutual claims and benefits shall be invoied together with interest and shall be offset at regular intervals by offsetting and determining the surplus resulting from the one or other part (current account, (a), the person liable for an excess in the clearance of the accounts may, from the date of the conclusion of the accounts, charge interest from the surplus, even where interest is included in the invoice.(2) The clearance of accounts shall take place once a year, unless another is determined.(3) In case of doubt, the current account may be terminated at any time during the period of an accounting period with the effect that the person liable for an excess after the invoice can claim the payment of the excess. Non-official table of contents

§ 356

(1) If a claim is backed up by a deposit, a guarantee or otherwise, the invoice shall be included in the current invoice. , the creditor shall not be prevented by the recognition of the clearance of accounts to seek satisfaction from the security in so far as his balance from the current account and the claim cover himself.(2) In the event that a third party is liable for a claim received in the current account as a full debtor, the claim against him shall be subject to the provisions of paragraph 1. Non-official table of contents

§ 357

The creditor of a participant has the right to seize and transfer the right to the person who is responsible for his/her rights. Debtors who are entitled to an excess from the current account may not be charged to the creditor in respect of any debits arising after the seizure by new transactions. Transactions carried out on the basis of a right already existing before the seizure or an obligation on the part of the third party before this date shall not be considered as new transactions within the meaning of this provision. Non-official table of contents

§ 358

For trading transactions, performance can only be effected and requested during the ordinary business hours. Non-official table of contents

§ 359

(1) Is the time of performance the spring or autumn, or a similar time in a similar way , in case of doubt the commercial use of the place of performance shall decide.(2) If a time limit of eight days is agreed, then this shall be understood to be full eight days in doubt. Non-official table of contents

§ 360

If only the genus is owed to certain goods, it is of the medium type and quality to be provided. unofficial table of contents

§ 361

measure, weight, currency, time accounting, and distances that apply in the place where the contract is to be fulfilled, are in doubt to be considered as the contractual. Non-official table of contents

§ 362

(1) Goes to a merchant whose business is concerned with doing business for others, a request on the running of such transactions from a person with whom he is in business, he shall be obliged to reply without delay; his silence shall be deemed to be acceptance of the application. The same is true if a businessman has received a request for the concern of the business of someone who he has been asked to do in order to run such business.(2) Even if the merchant refuses the application, he shall, at the expense of the applicant, have the goods sent to him, insofar as he is covered for such costs and, in so far as it can be done without prejudice to him, to save the goods from damage at the time of the application. Non-official table of contents

§ 363

(1) Instructions that apply to a merchant about the performance of money, securities, or other justifiable items , without the performance being made dependent on a consideration, can be transferred by Indossament, if they are in order. The same shall apply to undertakings issued by a merchant by means of articles of the designated type to order, without the performance being made dependent on a consideration.(2) Furthermore, connoses of the carriers, loading notes of the carriers, storage certificates and transport insurance policies may be transferred by Indossament, if they are to be ordered. Non-official table of contents

§ 364

(1) Indossatar all rights from the indosed paper go through the Indossatar.(2) The debtor may only oppose the legitimate owner of the document in respect of the validity of his declaration in the document or from the content of the document or directly against the owner of the document. .(3) The debtor is only obliged to perform the payment of the receipted certificate against the handing out of the certificate. Non-official table of contents

§ 365

(1) In the form of the Indossament, in the subject of the owner's legitimation and the examination of the The provisions of Articles 11 to 13, 36, 74 of the Exchange Rules shall apply mutatily and in accordance with the obligation of the owner to publish.(2) If the document has been destroyed or lost, it shall be subject to the declaration of strength by means of the bid-up procedure. If the bid procedure is initiated, the person entitled, if he orders security up to the declaration of force, may require the debtor in accordance with the certificate.

footnote

§ 365 para. 1 italic print: now Art. 13, 14 para. 2, Art. 16 and Article 40 (3) sentence 2 of the Exchange Act 4133-1 gem. Art. 3 (1) G v. 21.6.1933 I 409 Non-official table of contents

§ 366

(1), a merchant in the business of his commercial business does not pledge or pledge to a merchant the provisions of the Civil Code shall apply in favour of those who derive rights from non-authorised persons, even if the good faith of the transferor is the power of the transferor, or A pledge to have the property for the owner concerned.(2) If the case is subject to the law of a third party, the provisions of the Civil Code shall apply in favour of those who derive rights from a non-authorized person even if the good faith is the power of the Divesters or pledges, without reservation of the right to dispose of the goods.(3) The legal lien of the Commission, the carrier or the carrier, the freight forwarder and the warehousekeeper shall be equal in respect of the protection of the good faith of a plea acquired under the terms of paragraph 1 by contract. Sentence 1 shall not, however, apply to the legal lien on property which is not the subject of the contract, from which the claim to be secured by the lien is brought about. unofficial table of contents

§ 367

(1) If a bearer document that has been stolen from the owner has been lost or lost, the owner's paper will be lost, to a merchant who runs, sells or pledges banker or money-changer transactions, his good faith shall be deemed to be excluded if the loss of the paper in the Federal Gazette is known at the time of the sale or pledge of the paper; and no more than a year has elapsed since the end of the year in which the publication has been published. For publications before the 1. January 2007 is replaced by the Federal Gazette of the Federal Gazette (Bundesanzeiger) in paper form. Bearer securities shall be equal to the order-denominated bond notes as well as registered shares and interim certificates if they are provided with a blank-indosament.(2) The good faith of the acquirer shall not be excluded by the publication in accordance with paragraph 1, if the acquirer did not know the publication as a result of special circumstances and his ignorance is not based on gross negligence.(3) In the case of interest, pension and profit-sharing certificates which are due no later than in the next redemption date following the divestment or pledge, non-interest-bearing bearer securities which are payable in sight, and on banknotes, these are Rules not applicable. Non-official table of contents

§ 368

(1) The sale of a pans occurs if the pledge is on the side of the pledge creditor and the pledge. is a trading business, to the place of a period of one month, determined in Section 1234 of the Civil Code, one of a week.(2) This provision shall be applied in accordance with the legal lien of the Commission, the carrier or the freight forwarder, the carrier and the warehousekeeper, as well as the right of the carrier, the shipper and the freight forwarder, even if: only on their side of the contract is a trading business. Non-official table of contents

§ 369

(1) A merchant has due to the requests that are due, which he or she is against another merchant from the between them shall be entitled to a right of retention in respect of the movable property and securities of the debtor, who have entered into his possession on the basis of commercial transactions, provided that he or she is still in the possession of the Possession, in particular by means of connossements, loading notes or storage certificates can dispose of it. The right of retention shall also be justified if the property on the item has been transferred from the debtor to the creditor or transferred from a third party for the debtor to the creditor, but transferred back to the debtor.(2) In contrast to a third party, the right of retention exists insofar as the third party may be opposed to the objections to the debtor's claim to the issue of the object.(3) The right of retention shall be excluded if the retention of the object of the instruction given by the debtor before or at the time of the handover or the obligation assumed by the creditor, in a particular manner with the Subject to proceedings, denies.(4) The debtor may depart from the exercise of the right of retention by means of security. The security performance by guarantor is excluded. Nonofficial table of contents

§ 370

- unofficial Table of contents

§ 371

(1) The creditor has the power of retention right to satisfy himself from the retained object for his claim. If a third party is entitled to the subject-matter against which the right of retention pursuant to section 369 (2) can be asserted, the creditor shall have priority in the appearance of satisfaction from the subject matter.(2) The satisfaction shall be carried out in accordance with the provisions of the Civil Code applicable to the pledge. The period of one month, determined in § 1234 of the Civil Code, shall be replaced by one of a week.(3) If the satisfaction does not take place by means of foreclosure, it shall be admissible only after the creditor has a enforceable title for his right to satisfaction against the owner or, if the object belongs to him himself, against the debtor; in the latter case, the provisions of the Civil Code concerning the satisfaction of the debtor relating to the satisfaction of the debtor shall be applied to the debtor. In the absence of the enforceable title, the sale of the item is not lawful.(4) The action for the atrocity of satisfaction may be brought before the court in whose district the creditor has its general place of jurisdiction or the place of jurisdiction of the establishment. Non-official table of contents

§ 372

(1) The creditor of the debtor shall be deemed to be satisfied with the satisfaction of the retained object, if he was the owner of the property in the acquisition of the creditor's property, even further as the owner, unless the creditor knows that the debtor is no longer the owner.(2) If a third party acquires the property of the debtor after the acquisition of the creditor by the debtor, he must obtain a final judgment which has been handed down in a dispute between the creditor and the debtor on account of the satisfaction of the satisfaction of the creditor; , unless the creditor knew that the debtor was no longer an owner, if the creditor had known that the debtor was no longer an owner.

Second Section
Trading Skins

name="BJNR002190897BJNE026100300 " />Non-official table of contents

§ 373

(1) If the buyer is in default with the acceptance of the goods, the seller may be liable for the risk and costs of the goods. Placing the buyer in a public warehouse or otherwise in a safe manner.(2) It is also empowered to allow the goods to be sold to the public after a prior threat; it may, if the goods have a stock exchange or market price, to sell, after a prior threat, also from a free hand, by means of a sale to such sales publicly authorised commercial brokers or by a person authorized for public auction at the current price. If the goods are exposed to the spouse and risk in default, the default threat is not necessary; the same shall apply if the threat is unTunable for other reasons.(3) The sale of self-help is for the account of the defaulting buyer.(4) The seller and the buyer may participate in the public auction.(5) In the case of public auctioning, the seller shall notify the purchaser of the time and place of the auction beforehand; from the full sale, he shall immediately give notice of any kind of sale to the buyer. In the event of omission, he shall be obliged to pay damages. The notifications must not be allowed if they are untunable. Non-official table of contents

§ 374

The provisions of Section 373 do not affect the powers of the Seller after the Civil If the buyer is in default of acceptance, the Code shall be granted. Non-official table of contents

§ 375

(1) When a movable item is purchased, the buyer is to determine the form, measure, or similar item in the table. Conditions reserved, the buyer shall be obliged to make the reserved provision.(2) If the buyer is in default with the performance of this obligation, the seller may make the provision instead of the buyer or require damages instead of the service in accordance with § § 280, 281 of the Civil Code or according to § 323 of the Civil code resigned from the Treaty. In the former case, the seller has to inform the buyer of the determination he has made and at the same time to set a reasonable time limit for the purchaser to carry out another provision. If the buyer does not make such a decision within the time limit, the determination made by the seller shall be decisive. Non-official table of contents

§ 376

(1) It is a matter of fact that the performance of the one part is at a fixed time or within a fixed period of time. fixed period, the other part may, if the service does not take place at the specified time or within the specified time limit, withdraw from the contract or, if the debtor is in default, instead of the performance Claim damages due to non-performance. He can only claim fulfilment if he indicates to the opponent immediately after the expiry of the time or the period of time that he is insisting on fulfillment.(2) If compensation is required for non-performance and if the goods have a stock exchange or market price, the difference in the purchase price and the stock exchange or market price can be demanded at the time and at the place of the benefit due.(3) The result of a sale or purchase carried out elsewhere, if the goods have a stock exchange or market price, can only be used as a substitute for the sale or purchase if the sale or purchase is immediately after the end of the performance period or the purchase price. The performance period has been brought about. The sale or purchase must, if it is not carried out in a public auction, be made at the current price by means of a commercial broker approved for such sales or purchases, or by a person authorized to the public auction.(4) The provisions of Section 373 (4) shall apply to the sale by means of public auctioning. The creditor shall immediately notify the debtor of the sale or purchase; in the case of omission, he shall be obliged to pay compensation. Non-official table of contents

§ 377

(1) If the purchase is a trading transaction for both parts, the buyer has the goods immediately after delivery of the goods. shall be examined by the Seller, in so far as it is not possible to do so after a proper course of business, and, if a defect shows, to indicate to the Seller without delay.(2) In the event that the purchaser leaves the advertisement, the goods shall be deemed to have been approved, unless it is a defect which was not recognizable during the investigation.(3) If such a defect is later shown, the notification must be made immediately after the discovery; otherwise the goods shall be deemed to be approved even in the appearance of this defect.(4) In order to preserve the rights of the buyer, the timely dispatch of the advertisement shall suffice.(5) If the seller has fraudulently concealed the defect, he may not rely on these provisions. Table of contents unofficial

§ 378

(lifted) unofficial Table of contents

§ 379

(1) If the purchase is a commercial transaction for both parts, the buyer shall, if he objected to the goods sent to him by another place, shall be obliged to provide for their insinuating storage.(2) If the goods are exposed to the spouse and are in danger of default, they may be sold under the supervision of the provisions of § 373. Non-official table of contents

§ 380

(1) If the purchase price is to be calculated on the basis of the weight of the goods, the weight of the packaging (tare weight) shall be taken into account. Deduction, if not from the contract or the commercial use of the place where the seller has to comply, another result.(2) whether and to what extent the tare weight shall be deducted in accordance with a particular approach or ratio, rather than after precise averaging, as well as whether and how much to be calculated as a product weight for the benefit of the buyer or as remuneration for defective or unusable parts (Refaktie) may be required, determined according to the contract or the commercial use of the place where the seller has to fulfill. Non-official table of contents

§ 381

(1) The provisions in this section for the purchase of goods shall also apply to the purchase of Securities.(2) You shall also apply to a contract which relates to the delivery of movable property to be produced or to be produced. unofficial table of contents

§ 382

(removed)

third section
Commission business

unofficial table of contents

§ 383

(1) commission is who takes over the business, goods, or securities for the account of a to buy or sell other (the commitissuer) in their own name.(2) The provisions of this section shall also apply where the undertaking of the Commission does not require a commercial establishment, established in a commercial manner, in accordance with the nature or scope of the transaction and the company of the undertaking does not comply with Article 2 of the Treaty Trade register is registered. In this case, the provisions of the First Section of the Fourth Book, with the exception of § § 348 to 350, shall also apply in view of the Commission's business. Non-official table of contents

§ 384

(1) The commissioner is obliged to take the acquired business with the care of a prudent businessman. , in doing so, he shall be responsible for the interest of the commitator and to follow his instructions.(2) He shall give the Commission the necessary information, in particular on the implementation of the Commission without delay; he shall be obliged to account for the business of the business and to give him the necessary information. to give out what he obtained from the business procure.(3) The Commission shall be liable to the Commission for the performance of the transaction if it does not, at the same time as indicating the execution of the Commission, repudiate it to the third party with which it has concluded the transaction. Non-official table of contents

§ 385

(1) If the commissioner is not acting in accordance with the instructions of the commitator, he shall be responsible for the compensation of the damage. ; the commander does not need to have the business valid for his account.(2) The provisions of Section 665 of the Civil Code shall remain unaffected. Non-official table of contents

§ 386

(1) If the commissioner has sold or has the price set for the purchase, the Commission has sold it under the price set. , the committent, if he wishes to reject the transaction as not completed for his invoice, shall declare this immediately on the display of the execution of the transaction; otherwise, the deviation from the Pricing as approved.(2) At the same time as the Commission presents itself with the indication of the execution of the transaction to cover the price difference, the committent for refoulement shall not be entitled to it. The claim of the commitissuer to the replacement of a damage which surpassed the price difference remains unaffected. Non-official table of contents

§ 387

(1) Lots the commissioner to more advantageous terms when it was set by the commitissuer , this shall be granted to the Commitissuer.(2) This shall apply in particular where the price for which the Commission sells exceeds the lowest price determined by the commitator, or where the price for which he purchases does not exceed the highest price determined by the Commission is reached. unofficial table of contents

§ 388

(1) If the goods sent to the commissioner are located in a damaged or damaged part of the order, the goods are damaged or damaged. the defective condition, which can be discernable externally, the commissioner must uphold the rights against the carrier or the skipper, provide proof of the condition and give the commitator a message without delay; in the case of omission it is obliged to pay damages.(2) If the estate is subject to the spouse or later changes to the good which allow its devaluation to be feared, and there is no time to obtain the disposal of the commitissuer, or is the committent available in the grant of the The Commission may effect the sale of the goods in accordance with the provisions of section 373. Non-official table of contents

§ 389

Submitting the committent of the good, although it is obligated to do so according to the situation of the matter, the Commission is the rights granted to the Seller pursuant to § 373. Non-official table of contents

§ 390

(1) The commissioner is responsible for the loss and damage of the good in its custody. responsible, unless the loss or damage is due to circumstances which could not be averted due to the diligence of a prudent businessman.(2) The commissioner is only responsible for the omission of the insurance of the good if he was instructed by the commitator to effect the insurance. unofficial table of contents

§ 391

is a purchasing commission that is a trading transaction for both parts, so you can find the purchase order in relation to the Obligation on the part of the Commission to investigate the good and to indicate to the Commission of the defects discovered, as well as the concern for the retention of the offending good and on the sale in the case of imminent spouse the Purchasers of the relevant provisions of § § 377 to 379. The claim of the commitissuer to the assignment of the rights granted to the Commission against the third party, from which he purchased the goods for the account of the commitator, shall not be affected by a delayed display of the defect. Non-official table of contents

§ 392

(1) Claims from a store that the Commission has concluded can be the debtor of the debtor in the face of the assignment.(2) However, such claims shall apply, even if they have not been assigned, in the relationship between the Commission and the Commission or its creditors as claims by the Commission. Non-official table of contents

§ 393

(1) If the Commission does not agree with the approval of a third party, a third party shall be made an advance or credit , the Commission is acting on its own risk.(2) However, in the absence of any other provision of the Commitissuer, the Commission shall also be entitled to do so in the absence of any other provision of the commercial use at the place where the transaction is used.(3) In the event that the Commission fails to pay unauthorised access to credit, it shall be obliged to pay the payment of the payment to the Commission immediately as the debtor of the purchase price. If, in the case of sale against cash, the price would have been lower, the Commission shall pay only the lower price and, if the price is lower than the price set for it, also the difference according to § 386. Non-official table of contents

§ 394

(1) The Commission is responsible for fulfilling the liability of the third party with which he or she is responsible for the transaction. of the commitissuer, if this is taken over by him or if he is in the place of business in his branch.(2) The commissioner, who has to stand for the third party, is arrested directly to the commander for the performance at the time of the decay in so far as the fulfillment from the contractual relationship can be requested. He may claim a special remuneration (delcreation commission). Non-official table of contents

§ 395

A commissioner who takes charge of a change is required to change when he indoses it in the usual way and without reservation. Non-official table of contents

§ 396

(1) The commissioner can request the commission if the store has been executed. If the transaction has not been carried out, it shall nevertheless have the right to the extradition commission, provided that such a place is customary; it may also require the commission if the execution of the business completed by him is only is not subject to a reason in the person of the commitissuer.(2) The compensation for the use of the storage rooms and the means of transport of the Commission shall also be included in the compensation to be paid by the Commission for expenses incurred by the Commission in accordance with Articles 670 and 675 of the Civil Code. Non-official table of contents

§ 397 Pfandrecht of the Commission's Commission

The Commission has the costs, the commission, on the basis of the costs, the commission, the the good given advances and loans, as well as the liabilities recorded in respect of the goods, or in other ways, a lien on the Commission's good of the Commission or a third party who is buying or selling of the good. The commissioner also has a lien on the property of the commitissuer on account of all the claims arising from the current account in Commission transactions. However, the lien in accordance with the first and second sentences only exists in the case of Commission documents which the Commission has in possession of or which the Commission may have by means of connossements, loading notes or storage certificates. Non-official table of contents

§ 398

The commissioner may, even if he owns the Commission's property, for the information referred to in § 397 Claims shall be satisfied in accordance with the provisions applicable to the lien on the property. Non-official table of contents

§ 399

From the claims based on the business closed on behalf of the commitissuer, it may be the Commission shall satisfy the Commission for the claims referred to in § 397 before the Commission and its creditors. Non-official table of contents

§ 400

(1) The Commission for the purchase or sale of goods that have a stock exchange or market price, as well as Securities in respect of which a stock exchange or market price is officially established may, if the committent has not determined another, be executed by the Commission by the fact that it is the good which it is to buy, even as a seller. , or the good which he is to sell, takes over as a buyer.(2) In the case of such an implementation of the Commission, the obligation of the Commission to account for the closure of the purchase or sale shall be limited to proof that the calculated price of the at the time of the execution of the Commission has complied with the existing stock exchange or market price. The time of execution shall be the date in which the Commission issued the notification of execution for dispatch to the commitissuer.(3) If, in the case of a Commission which was to be carried out during the exchange or market period, the execution indication is not issued until after the end of the stock exchange or the market for dispatch, the calculated price may not be less favourable to the commitator than the price at the end of the exchange or of the market.(4) In the case of a Commission which is to be carried out on a given course (first course, middle course, last course), the Commission shall be entitled and obliged, irrespective of the date of dispatch of the execution indication, to take this course to the To be invoied on behalf of the Commission.(5) In the case of securities and commodities for which the stock exchange or market price is officially established, the Commission may, in the event of the Commission's execution by self-admission, not be subject to an unfavourable price as the officially established price. shall be taken into account. Non-official table of contents

§ 401

(1) Even in the case of the Commission's execution by self-admission, the Commission has the right to do so when it is applied. The Commission has been able to exercise due diligence at a more favourable price than the price referred to in Article 400, to charge the Commission the more favourable price.(2) If the Commission has concluded a transaction with a third party on the exchange or on the market prior to the dispatch of the execution indication on the occasion of the issued Commission, he shall not be entitled to any less favourable treatment than that agreed upon by the Commission. Calculate price. Unofficial table of contents

§ 402

The provisions of § 400 (2) to (5) and § 401 may not be subject to contract to the detriment of the commitators. be modified. Non-official table of contents

§ 403

The commissioner who delivers the good himself as a salesperson or who takes over as a buyer is the ordinary person. Commission is entitled to charge and can calculate the costs which are otherwise regularly occurring in the case of Commission transactions. Non-official table of contents

§ 404

The provisions of § § 397 and 398 also apply in the case of the execution of the Commission by self-admission Application. Non-official table of contents

§ 405

(1) Displays the Commission's execution of the Commission without expressly disregarding the fact that it is itself , this shall be deemed to be an explanation that the execution has been carried out by concluding the transaction with a third party for the account of the commitissuer.(2) An agreement between the Commission and the Commission that the declaration as to whether the Commission was carried out by self-entry or by conclusion with a third party may be made later than on the day of the display of the execution; is void.(3) The Commission shall revoke the revocation of the Commission and the Commission shall not be entitled to the right of self-entry before the revocation to the Commission is made before the display of execution is submitted for dispatch. Non-official table of contents

§ 406

(1) The provisions of this section are also applicable when a commissioner is in the business of his The commercial sector shall take over a business other than the one referred to in § 383 for the account of another in its own name. The same shall apply if a merchant who is not a commissioner takes over a business in the designated manner during the operation of his commercial commercial business.(2) As a purchasing and sales commission within the meaning of this Section, a Commission shall also be deemed to be the subject of the delivery of an unjustifiable movable property to be produced from a substance to be procured by the trader. name="BJNR002190897BJNG039600307 " />

Fourth Section
Cargo

First Subsection
General Rules

unofficial table of contents

§ 407 cargo contract

(1) The freight contract will require the carrier to transport the goods to the destination and deliver it to the recipient.(2) The sender shall be obliged to pay the agreed freight.(3) The provisions of this Subsection shall apply if
1.
shall be the land, inland waterway or aircraft is to be carried and
2.
the carriage is part of the operation of a commercial enterprise.
Requiates the enterprise by type or extent a commercial establishment set up in a commercial manner and the company of the undertaking is not entered in the commercial register in accordance with § 2, the provisions of the first section shall also be provided for in the appearance of the freight business. of the Fourth Book, however, this does not apply to § § 348 to 350. Non-official table of contents

§ 408 Consignment note. Ordinance empowerment

(1) The carrier may request the issuing of a consignment note with the following information:
1.
Location and Day of the Exhibition;
2.
Name and Address of Sender;
3.
Carrier name and address;
4.
Place and day of taking over the goods as well as those for the Delivery provided;
5.
The name and address of the recipient and a possible reporting address;
6.
the usual description of the nature of the goods and the type of packaging, in the case of dangerous goods, their otherwise generally accepted Description;
7.
The number, characters and numbers of the cargo;
8.
the gross weight or the weight of the cargo. otherwise specified quantity of good;
9.
the cargo owed upon delivery and the cost of delivery, as well as an endorsement of the costs incurred by the delivery. Freight payment;
10.
the amount of cash to be taken on delivery of the goods;
11.
Weisungen for customs and other official treatment of the good;
12.
an agreement on the Carriage in open, non-scheduled vehicle or on deck.
Further details may be entered in the consignment note, which the parties consider to be appropriate.(2) The consignment note shall be issued in three original copies, signed by the shipper. The shipper may request that the carrier also sign the consignment note. Reproductions of the individual signatures by printing or stamping are sufficient. A copy is intended for the sender, one accompanies the good, one keeps the freight carrier.(3) The consignment note shall be an electronic record which fulfils the same functions as the consignment note, provided that it is ensured that the authenticity and integrity of the record are preserved (electronic Consignment note). The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of the Interior, by decree law which does not require the consent of the Federal Council, the details of the exhibition, the participation and to regulate the presentation of an electronic consignment note and the procedure for subsequent registration in an electronic consignment note. Non-official table of contents

§ 409 Consignment of the consignment note

(1) The consignment note signed by both parties is used until proof of the As a proof of the conclusion and content of the contract of carriage as well as for the acceptance of the goods by the carrier.(2) The consignment note signed by both parties further justifies the presumption that the goods and their packaging were in good condition in the case of the transfer by the carrier and that the number of cargo and their signs and Numbers match the information in the consignment note. However, the consignment note does not justify this presumption if the carrier has entered a duly substantiated reservation in the consignment note; the reservation can also be justified by the fact that the carrier does not have adequate resources at its disposal. were to verify the accuracy of the information.(3) If the gross weight or the other specified quantity of the goods or the contents of the cargo has been verified by the carrier and the result of the inspection has been entered in the consignment note signed by both parties, the latter shall be justified by the reasons for the also the presumption that the weight, quantity or content is the same as the information in the consignment note. The carrier shall be obliged to verify the weight, quantity or content if the shipper so requests and the carrier is provided with adequate means for inspection; the carrier shall be entitled to compensation for his expenses for the Review. Unofficial Table Of Contents

§ 410 Dangerous Goods

(1) If dangerous goods are to be transported, the shipper shall have the carrier in good time in advance of the Text form the exact nature of the risk and, where necessary, to be notified of precautionary measures to be taken.(2) The carrier may, unless he was aware of the nature of the hazard when taking over the goods, or, in any case, have been notified of it,
1.
Unload, store, return, or destroy dangerous goods, destroy or render harmless without being liable to the sender, and
2.
From the sender because of these actions, require replacement of the required expenses.
unofficial table of contents

§ 411 packaging. Identification

The sender shall pack the goods, in so far as the nature of the goods requires the agreed transport of a package, in such a way that it is protected from loss and damage, and that the carrier also does not have any Damage is created. If the goods are to be transferred for carriage in a container, on a pallet or in or on another loading means used for the summary of cargo, the sender shall also have the goods in or on the loading means. safe to store and secure. The sender must also mark the property, insofar as this requires the contractual treatment thereof. Unofficial table of contents

§ 412 Loading and Unloading. Regulation empowerment

(1) Unless otherwise indicated in the circumstances or the traffic siting, the sender has to load, store and mount (loading) and unload the goods safely. The carrier shall be responsible for the safe loading of the cargo.(2) No special remuneration can be obtained for the loading and unloading time, which is due to a reasonable period of time due to the circumstances of the case, in the absence of a deviating agreement.(3) In the event of a contractual agreement or for reasons beyond his/her risk range, the carrier warts beyond the loading or unloading period, he shall be entitled to an appropriate remuneration (standing allowance). (4) Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of Transport and Digital Infrastructure, by means of legislation not required by the approval of the Federal Council for inland waterway transport taking into account the nature of the vehicles to be transported, the nature and quantity of the goods to be converted, the technical means available for the handling of goods and the requirements of an expedited traffic flow, To determine the conditions for the beginning of the loading and unloading time, the duration of the loading and unloading time, and the level of the service life. Non-official table of contents

§ 413 Accompanying documents

(1) The shipper has to provide the carrier with all documents and information on , which are required for official treatment, in particular customs clearance, prior to delivery of the goods.(2) The carrier shall be responsible for the damage caused by loss of or damage to the documents passed to him or by the incorrect use thereof, unless the loss, damage or incorrect use of the carrier is caused by the loss or damage caused by the damage or damage caused by the damage or damage caused to the goods. Use in circumstances which the carrier could not avoid and the consequences of which he could not avert. However, his liability is limited to the amount that would be payable in the event of loss of the good. Non-official table of contents

§ 414 Non-debtor independent liability of the sender in special cases

(1) The sender has, even if no Fault to replace the carrier with damages and expenses caused by
1.
Inaccurate packaging or labeling,
2.
Inaccuracy or incompleteness of the Consignment note recorded,
3.
Underletting the message about the hazard of the good or
4.
Absence, incompleteness or inaccuracy of the documents or information referred to in § 413 paragraph 1.
(2) If the damage or expense is caused, the behaviour of the The obligation to replace and to the extent of the replacement shall depend on the extent to which this behaviour contributed to the damage and expenses.(3) If the shipper is a consumer, he shall only reimbursethe carrier for damages and expenses under paragraphs 1 and 2, insofar as he or she is responsible for any fault. Non-official table of contents

§ 415 Termination by the sender

(1) The sender can terminate the contract at any time.(2) Termination of the sender, the carrier may either
1.
the agreed cargo, the possible Standing money and expenses to be replaced, taking into account what he saves or otherwise acquires or acquires in any other way as a result of the cancellation of the contract, or
2.
one third of the agreed cargo (fautfracht)
. Where the termination is based on grounds attributable to the carrier ' s risk area, the right to fence under the first sentence of the first sentence of paragraph 1 shall not apply; in that case, the claim referred to in the first sentence of paragraph 1 shall also be waived, in so far as the transport for the consignor is concerned. is not of interest.(3) If goods have already been loaded before termination, the carrier may, at the expense of the sender, take measures in accordance with § 419 (3) sentence 2 to 4 or require the shipper to discharge the good immediately. The cargo carrier only needs to tolerate the unloading of the goods, as far as this is possible without any disadvantages for its operation and without damage to the sender or recipient of other shipments. If the termination is based on reasons which are attributable to the risk area of the carrier, the cargo carrier shall, by way of derogation from the records 1 and 2, be obliged to discharge the goods which have already been loaded immediately at their own expense. Non-official table of contents

§ 416 Right to partial transport

If the property is only partially loaded, the sender can request at any time that the Cargo carrier begins to carry the already lading part of the good. In this case, the carrier shall be charged the full cargo, any standing allowance and compensation for expenses incurred as a result of the absence of a part of the goods; however, the cargo shall be deducted from the full cargo for that good, which shall be paid by the the carrier shall be transported by the same means of transport instead of the goods not reloaded. The carrier shall also be entitled, insofar as the absence of a part of the goods makes it possible for him to claim the security for the full cargo, to demand the order of another security. If the incompleteness of the loading is based on reasons which are attributable to the risk area of the carrier, the claim under sentences 2 and 3 is only to the extent to which goods are actually transported. Non-official table of contents

§ 417 cargo carrier rights in case of non-compliance with load time

(1) The sender does not charge the goods within the Loading time or, if the loading is not up to him, if the goods are not available within the loading period, the carrier may set a reasonable time limit within which the goods are to be loaded or made available.(2) If no good is loaded or made available until the expiry of the time limit set in accordance with paragraph 1, or if it is obvious that no good will be loaded or made available within this period, the carrier may terminate the contract and claim the claims in accordance with § 415 (2).(3) If the goods are only partially loaded or made available until the end of the period laid down in accordance with paragraph 1, the carrier may begin to transport the part of the goods which have already been loaded and the claims in accordance with § 416 sentence 2 and 3 apply.(4) The carrier may exercise the rights referred to in paragraph 2 or 3 even without a time limit if the shipper is seriously and definitively refusing to charge or make available the goods. He may also terminate the contract referred to in paragraph 2 without notice, even if there are special circumstances which make the continuation of the contractual relationship unreasonable under consideration of the interests of both sides.(5) Rights shall not be granted to the carrier if the non-compliance with the loading time is based on reasons attributable to its risk range. Unofficial Table Of Contents

§ 418 Subsequent Instructions

(1) The sender is entitled to have the good. It may, in particular, require the carrier to not carry the goods further or to deliver it to another destination, to another delivery point or to another recipient. The carrier shall only be obliged to comply with such instructions in so far as their execution does not entail any disadvantages for the operation of his company or damage to the consignors or recipients of other consignments. He may require the sender to replace his expenses incurred as a result of the execution of the instruction, as well as an appropriate remuneration; the carrier may make the compliance with the instruction subject to an advance.(2) The right of disposal of the sender shall be issued after the arrival of the goods at the delivery point. From that date, the right of disposal referred to in paragraph 1 shall be entitled to the consignee. If the consignee makes use of this right, he shall reimbursed the carrier for the additional expenses incurred and shall pay the appropriate remuneration; the carrier may make the compliance with the instruction subject to an advance.(3) If the recipient, in the exercise of his right of disposal, has ordered the delivery of the goods to a third party, the recipient shall not be entitled to determine another recipient.(4) If a consignment note has been issued and has been signed by both parties, the shipper may exercise his right of disposal only against presentation of the consignment note of the consignment note, provided that this is prescribed in the consignment note.(5) If the carrier does not intend to comply with an instruction given to him, he shall immediately notify the person who has given the instructions.(6) If the exercise of the right of disposal has been made conditional on the presentation of the consignment note and the carrier carries out a instruction without having to submit the consignment note to the consignment note, he shall be liable to the person entitled to the contract for the any damage resulting from it. The liability is limited to the amount that would be payable in case of loss of good. Non-official table of contents

§ 419 Obstacles to transport and delivery

(1) If the goods are accepted, the promotion or the transport of goods is recognized as being If delivery cannot be carried out in accordance with the contract, the carrier has to obtain instructions from the person entitled to dispose of the goods pursuant to § 418 or § 446. If the addressee is entitled to dispose of the goods and if he is not to be identified or refused acceptance of the goods, the consignor shall be entitled to dispose of the goods in accordance with the first sentence of the first sentence of the preceding subparagraph; the presentation of a consignment note has been made conditional on the fact that the consignment note does not need to be presented in this case. If instructions have been given to him and the obstacle is not to be attributed to his/her risk area, the carrier is entitled to assert claims in accordance with § 418 (1) sentence 4.(2) If the obstacle to transport or delivery occurs after the consignee has given instructions in accordance with Section 418 to deliver the goods to a third party on the basis of his right to dispose of the goods, the addressee shall take the following steps in the application of paragraph 1. Place of the sender and the third party of the recipient.(3) Can the carrier instructions, which he/she according to § 418 abs. In the event of a reasonable period of time, it shall take the measures which appear to be the best in the interest of the person entitled to dispose of the product. He may, for example, unload and retain the good, entrust or return to a third party for the custody of a third party pursuant to § 418 or § 446; trusts the cargo carrier to a third party, he shall be liable only for the careful selection of the third party. The freight forwarder can also use the goods according to § 373 ABs. 2 to 4, if the goods are perishable goods or if the condition of the goods justifies such a measure or if the otherwise arising costs are not in an appropriate relationship to the value of the good. The freight forwarder shall be allowed to destroy the goods that are not being used. After unloading of the goods, the transport is deemed to have ended.(4) The carrier shall be entitled, on account of the measures taken in accordance with paragraph 3, to compensation for the necessary expenses and to the appropriate remuneration, unless the obstacle is to be attributed to his/her risk area. Non-official table of contents

§ 420 Payment. Freight calculation

(1) The freight is to be paid on delivery of the goods. In addition to the freight, the carrier has a right to compensation for expenses, to the extent that they were made for the good and he was allowed to consider it necessary in the circumstances.(2) The right to the cargo shall be waited insofar as the carriage is impossible. If the carriage is terminated prematurely as a result of a transport or delivery obstacle, the freight forwarder shall be entitled to the pro rata freight for the completed part of the carriage if it is of interest to the shipper.(3) By way of derogation from paragraph 2, the carrier shall retain the right to the cargo if the carriage is impossible for reasons attributable to the risk area of the shipper or which occurs at a time when the shipper is in default of the Assumption is. However, the carrier has to be reckon with what it saves on expenses or otherwise acquires or otherwise acquires maliciously.(4) If a delay occurs after the commencement of the transport and before arrival at the delivery point and the delay is due to reasons which are to be attributed to the risk area of the sender, the carrier shall be entitled, in addition to the freight, to an appropriate Remuneration.(5) If the freight is agreed on by number, weight or otherwise specified quantity of the goods, the calculation of the freight shall be presumed to have been given in the consignment note or the loading certificate; this shall also apply if a reservation is made on the basis of this information. , which is based on the fact that no reasonable means were available to verify the accuracy of the information. Non-official table of contents

§ 421 Recipient rights. Obligation to pay

(1) Upon arrival of the goods at the delivery point, the consignee shall be entitled to demand from the carrier the goods to be delivered to him against the fulfilment of the obligations arising from the contract of carriage. If the goods have been damaged or have been delivered late or lost, the consignee may assert the claims arising from the contract of carriage in his/her own name against the carrier; the shipper shall remain responsible for the assertion of these claims. authority. In doing so, it makes no difference whether recipients or senders act in their own or foreign interest.(2) The addressee who asserts his right under the first sentence of paragraph 1 shall pay the freight still owed up to the amount indicated in the consignment note. If a consignment note has not been issued or has not been presented to the consignee or if the consignment note does not result in the amount of the freight to be paid, the consignee shall pay the freight agreed with the shipper to the extent that such freight is not is inappropriate.(3) The recipient, who asserts his right under the first sentence of paragraph 1, also has to pay a standing allowance or a remuneration in accordance with § 420 paragraph 4, a standing allowance for exceeding the loading period and a remuneration in accordance with § 420 paragraph 4, however, only if he the amount due has been communicated in the case of delivery of the goods.(4) The sender remains committed to the payment of the amounts due under the contract. Non-official table of contents

§ 422 cash on delivery

(1) If the parties have agreed that the good will only be used to collect a cash on delivery to the recipient, the parties agree to , it shall be assumed that the amount shall be entered in cash or in the form of an equivalent means of payment.(2) The following shall be deemed to have been transferred to the shipper in relation to the creditors of the carrier as a result of the confiscation.(3) If the goods are delivered to the recipient without confiscation of the cash on delivery, the carrier shall be liable, even if it does not have any fault, to the shipper for the damage resulting therefrom, but only up to the amount of the amount of the cash on delivery. Non-official table of contents

§ 423 Delivery deadline

The carrier is obliged to do so within the agreed time limit or in the absence of agreement. within the time limit which is reasonably attributable to a careful carrier, taking into account the circumstances (delivery period). Non-official table of contents

§ 424 Loss of loss

(1) The claimer may consider the good to be lost if it is not within the the delivery period shall be delivered within a further period, which corresponds to the delivery period, but at least twenty days, in the case of a cross-border carriage, shall be thirty days.(2) If the claimer receives compensation for the loss of the good, he may, upon receipt of the compensation, request that he be notified immediately if the good is recovered.(3) The beneficiary may, within one month of receiving the notification, request that the good be rediscovered, that the good train be a train against reimbursement of the compensation, possibly minus the compensation in the compensation. shall be delivered. Any obligation to pay the freight as well as claims for damages shall remain unaffected.(4) If the good is recovered after payment of a compensation and the claimer has not asked for a notification or if he does not assert his claim on delivery after notification, the carrier may be informed of the Good free. Non-tamous table of contents

§ 425 Liability for damage to goods and delays. Damage separation

(1) The carrier shall be liable for the damage caused by loss of or damage to the goods in the period from the take-over to the delivery until delivery or by exceeding the delivery period.(2) If, in the course of the occurrence of the damage, a behaviour of the sender or of the consignee or a particular defect of the good has been involved, the obligation to replace and the extent of the replacement shall depend on the extent to which such circumstances arise. have contributed to the damage. Non-official table of contents

§ 426 Disclaimer

The carrier is exempt from liability to the extent that the loss, damage, or damage caused by the carrier is not If the delivery period is exceeded, it may be due to circumstances that the carrier could not avoid with the greatest care and the consequences of which he could not depart. Unofficial Table Of Contents

§ 427 Special Liability Exclusions

(1) The carrier is exempt from liability to the extent that the loss, the Damage to or exceeding the delivery period can be attributed to one of the following hazards:
1.
Agreed or appropriate use of open, non-tarpaulins covered vehicles or loading on deck;
2.
sender's inaccurate packaging;
3.
Treating, loading, or unloading the good through the Sender or recipient;
4.
The natural nature of the good, which is particularly easy to damage, especially by breakage, rust, inner spouse, desiccation, Running out, normal swings, leading;
5.
insufficient identification of the cargo by the sender;
6.
Carriage of live animals.
(2) If there has been any damage that could arise in the circumstances of the case from one of the hazards referred to in paragraph 1, it is assumed that: that the damage has arisen from this danger. This presumption shall not apply to exceptionally large losses in the case of paragraph 1 (1).(3) The carrier may rely on paragraph 1 (1) only if the loss, damage or exceeding of the delivery period is not due to the fact that the carrier has special instructions from the shipper with regard to the The promotion of the good has not been observed.(4) If, according to the contract of carriage, the carrier is obliged to protect the goods in particular against the effects of heat, cold, temperature fluctuations, humidity, vibrations or similar influences, it may, on the basis of paragraph 1, point 4, be , when he has taken all the measures he has taken in the circumstances, in particular with regard to the selection, maintenance and use of special facilities, and if he has complied with specific instructions.(5) The carrier may rely on paragraph 1 (6) only if he has taken all the measures he has taken in accordance with the circumstances and has taken special instructions. Non-official table of contents

§ 428 Liability for others

The carrier has to represent acts and omissions of its people to the same extent like my own actions and omissions, when people act in the exercise of their actions. The same shall apply to acts and omissions of other persons, the persons of which he shall use when carrying out the promotion. Non-official table of contents

§ 429 Value

(1) If the carrier is to compensate for the loss of good or partial loss of the goods, the carrier is responsible for the loss of the goods. is to replace the value at the place and the time of the transfer to transport.(2) In the event of damage to the goods, the difference between the value of the undamaged good at the place and the time of the transfer to the transport and the value which the damaged goods would have had at the place and at the time of the transfer shall be replaced. It shall be presumed that the costs to be incurred in order to reduce the damage and to raise the damage correspond to the amount of difference to be determined in accordance with the first sentence.(3) The value of the goods shall be determined according to the market price, otherwise according to the common value of goods of the same type and nature. If the goods have been sold for transport immediately prior to being taken over, it shall be presumed that the purchase price shown in the seller's invoice, minus the transport costs contained therein, is the market price. Non-official table of contents

§ 430 Damage costs

If the goods are lost or damaged, the carrier is responsible for the loss or damage of the good according to § 429. to bear the costs of the determination of the damage in addition to the replacement. Non-official table of contents

§ 431 Liability limit

(1) The compensation to be paid in accordance with § § 429 and 430 is due to loss or damage. to an amount of 8.33 units of account for each kilogram of the raw weight of the goods.(2) If the goods are made up of several items of freight (consignment) and only individual items of cargo have been lost or damaged, the calculation referred to in paragraph 1 shall be
1.
basically to put the entire shipment when the entire shipment is devalued, or
2.
the devaluated The
of the carrier for exceeding the delivery period shall be limited to three times the amount of the freight.(4) The unit of account referred to in paragraphs 1 and 2 shall be the Special Drawing Right of the International Monetary Fund. The amount shall be converted into euro in accordance with the value of the euro in relation to the special drawing right on the day of the transfer of the good for promotion or on the day agreed by the parties. The value of the euro in relation to the Special Drawing Right shall be determined by the calculation method used by the International Monetary Fund on the day in question for its operations and transactions. Non-official table of contents

§ 432 Replacement of other costs

The carrier shall be liable for loss or damage, as described in § § 429. up to 431 in addition to reimburse the freight, public levies and other costs on the occasion of the transport of the goods, but in the case of damage only in the value ratio to be determined in accordance with § 429 (2). He will not be able to replace any further damage. Non-official table of contents

§ 433 Maximum liability for other property damage

The carrier is liable for the breach of one of the following Execution of the carriage of the goods related contractual obligation for damage which is not caused by loss or damage of the good or by exceeding the delivery period, and is it other damage than chess or damage caused by the delivery of the goods. In this case too, liability is limited to three times the amount that would be payable in case of loss of the good. Non-official table of contents

§ 434 Non-contractual claims

(1) The exemption from liability provided for in this subsection and in the contract of carriage and limitations of liability shall also apply to a non-contractual claim by the sender or the consignee against the carrier for loss of or damage to the goods or for exceeding the delivery period.(2) The carrier may also claim the objections under paragraph 1 in respect of non-contractual claims by third parties for loss of or damage to the goods. However, the objections cannot be asserted if
1.
is based on an agreement. , which deviates from the provisions referred to in Article 449 (1), first sentence, to the detriment of the sender,
2.
the third of the carriage has not been approved and the Carrier the absence of the sender's power to send the goods, knew or did not know as a result of gross negligence, or
3.
the good before taking over to the However, the carriage of goods to the third party or a person who derides its right to possess it has been lost.
2) (1), however, does not apply to an agreement on the limitation of the carrier to be provided by the carrier pursuant to section 449. Compensation for loss of or damage to the goods to a lower than the statutory amount if the amount is not less than the amount of 2 units of account. Non-official table of contents

§ 435 Disclaimer and limitations of liability

The provided in this subsection and in the freight contract Exemption from liability and limitation of liability shall not apply if the damage is due to an act or omission which the carrier or a person referred to in § 428 intentionally or recklessly and in the awareness that a Damage with probability will occur. Non-official table of contents

§ 436 Liability of people

Any claims arising from non-contractual liability due to loss of or damage to the goods or services are to be found. If the delivery period is exceeded by one of the carrier's people, the exemption and limitation of liability laid down in this subsection and in the contract of carriage may also be invoked by that person. This shall not apply if he has acted intentionally or lightly and in the awareness that a damage is likely to occur. Unofficial Table Of Contents

§ 437 Exporter

(1) If the carriage is carried out in whole or in part by a third party (more detailed The carrier shall be liable for the damage caused by loss of or damage to the goods or by exceeding the delivery period during the transport carried out by him, as if he were the carrier of the freight. Contractual agreements with the consignor or consignee, by which the carrier extends his liability, shall act against the exporter only insofar as he has agreed to them in writing.(2) The exporter may claim all objections and objections to the freight forwarder from the contract of carriage.(3) carriers and exporters shall be liable as total debtors.(4) If the persons of the executing carrier are used, the same applies to this § 436. Non-official table of contents

§ 438 damage display

(1) If the goods are lost or damaged externally, the recipient shows a loss or damage to the goods. or if the shipper is not responsible for loss of or damage to the carrier at the latest upon delivery of the goods, it shall be presumed that the good has been delivered in full and without damage. The display must indicate the loss or damage sufficiently clearly.(2) The presumption referred to in paragraph 1 shall also apply if the loss or damage has not been identified externally and has not been displayed within seven days of delivery.(3) Claims for exceeding the delivery period shall be extinguisher if the consignee does not indicate to the carrier the excess over the delivery period within twenty-one days after delivery.(4) A claim of damage after delivery shall be made in text form. In order to meet the deadline, it is sufficient to send it on time.(5) If loss, damage or exceeding of the delivery period is indicated on delivery, the display shall be sufficient to the person who delivers the goods. Non-official table of contents

§ 439 Statute of limitations

(1) Claims arising from a carriage subject to the provisions of this Subsection shall be nourred in: one year. In the case of intent or in the case of a fault equivalent to the intent pursuant to § 435, the limitation period shall be three years.(2) The limitation period shall begin at the end of the day on which the goods have been delivered. If the goods have not been delivered, the period of limitation begins with the expiry of the day on which the goods should have been delivered. By way of derogation from sentences 1 and 2, the limitation of rights of recourse shall begin with the date of entry of the judgment of the judgment against the creditor creditor or, if there is no final judgment, with the date on which the the creditor shall have satisfied the claim unless the debtor has not been debited within three months of the resignation of the person having gained knowledge of the damage and the person of the reoffense debtor, Damage taught.(3) The limitation of a claim against the carrier shall also be hammered by a declaration by the shipper or consignee with which such compensation claims shall be made until the date on which the carrier refuses to comply with the claim. The collection of the claims and the rejection shall require the text form. A further declaration, which has the same replacement claim, does not inhibit the limitation period again.(4) The limitation of claims for compensation for loss of or damage to the goods or for exceeding the delivery period may only be effected by agreement which is negotiated in detail, even if it is for a majority of similar contracts. between the same Contracting Parties shall be facilitated, facilitated or made more difficult. Non-official table of contents

§ 440 Pfandrecht of the carrier

(1) The carrier has a lien for all claims arising from the contract of carriage. the good of the sender or of a third party who has consented to the promotion of the good. In the case of the sender's good, the carrier also has a lien for all undisputed claims from other freight, sea freight, freight forwarding and storage contracts concluded with the sender. The lien in accordance with sentences 1 and 2 shall apply to the accompanying documents.(2) The lien shall exist as long as the carrier has the property in his possession, in particular as long as he/she can dispose of it by means of connossements, loading notes or storage certificates.(3) The lien shall also continue after delivery, if the carrier makes a court case within three days of delivery and the goods are still in the possession of the consignee.(4) The threat of the sale of the pledge referred to in § 1234 (1) of the Civil Code, as well as the notifications provided for in § § 1237 and 1241 of the Civil Code, are to the recipient according to § 418 or § 446 of the Civil Code. shall be directed. If it is not to be determined or if it refuses to accept the good, then the threat and the notification shall be made to the sender. Non-official table of contents

§ 441 Subsequent Carrier

(1) In the case of carriage by several carriers, has the last of the last one of the In order to collect the claims of the preceding carriers, he shall exercise the rights of the preceding carriers, in particular the right of lien. The lien of each previous carrier shall remain as long as the lien of the last carrier.(2) If a previous carrier is satisfied by a subsequent one, the demand and the lien of the former shall pass over to the latter.(3) Paragraphs 1 and 2 shall also apply to the claims and rights of a freight forwarder who has participated in the promotion. Non-official table of contents

§ 442 rank of multiple pledge rights

(1) Existence of the same good several according to § § 397, 440, 464, 475b and 495 Pledge rights, such as those which have arisen from the consignment or the transport of the good, shall be subject to the pledge which was subsequently created by the former.(2) These lien shall take precedence over the lien of the Commission and the warehousekeeper, and before the lien of the freight forwarder, the carrier and the shipper for advances, which did not arise from the dispatch. Non-official table of contents

§ 443 Ladeschein.

(1) The obligation to deliver the good may be issued by the carrier for a loading certificate, which shall contain the information referred to in Article 408 (1). The cargo ship shall be signed by the carrier; a replica of the personal signature by printing or by stamp shall be sufficient.(2) If the loading note is placed on the order, it shall contain the name of the person to whose order the goods shall be delivered. If the name is not specified, the loading description shall be considered to be the order of the sender.(3) An electronic record which fulfils the same functions as the loading certificate is placed on the same footing as the loading certificate, provided it is ensured that the authenticity and integrity of the recording are preserved (electronic loading-line). The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of the Interior, by legal regulation which does not require the consent of the Federal Council, the details of the exhibition, submission, return and the transfer of an electronic loading note and the details of the procedure for subsequent registration in an electronic loading note. unofficial table of contents

§ 444 effect of the loading note. Legitimation

(1) The loading certificate justifies the presumption that the carrier has taken over the goods in the manner described in the loading certificate; § 409 (2) and (3) sentence 1 shall apply accordingly.(2) In the case of a recipient designated in the loading certificate to which the loading certificate has been issued, the carrier may not refuge the presumption referred to in paragraph 1, unless the consignee was aware of or as a result of the delivery of the charge at the time of delivery of the loading certificate. Gross negligence unknown, that the information in the loading ship is incorrect. The same shall apply to a third party to which the loading ship has been transmitted. The provisions of sentences 1 and 2 shall not apply if the exporter from the loading line is entitled to the exporter in accordance with section 437 and the loading note is not authorized by the exporter or by any of the exporters responsible for drawing up the loading list was issued.(3) The contractual claims securitised in the loading case can only be asserted by the person entitled to charge the loading person. In favour of the legitimate owner of the charge note, it is presumed that he is the person entitled to charge the charging note. The legitimate owner of the charge note is who owns a loading tray, the
1.
on the owner
2.
is an order and names the owner as a recipient, or has an uninterrupted series of indossaments, or
3.
on the name of the owner.
unofficial table of contents

§ 445 Delivery against the return of the charge note

(1) Upon arrival of the goods at the delivery point, the legitimate owner of the shop shall be entitled to demand the delivery of the goods from the carrier. If he makes use of this right, he shall be obliged to pay the freight and other remuneration in accordance with § 421 (2) and (3).(2) The carrier shall be obliged to deliver the goods only against the return of the charge on which the delivery is certified and against the performance of the outstanding payments due pursuant to § 421 (2) and (3). He shall not, however, deliver the good to the legitimate owner of the charge if he is known or unknown as a result of gross negligence, that the legitimate owner of the charge note is not the person entitled to the charge from the charging note.(3) In the case of the second sentence of the second sentence of paragraph 2, the freight forwarder shall supply the goods to a person other than the legitimate owner of the loading note or, in the case referred to in the second sentence of paragraph 2, to a person other than the person entitled to the charge, he shall be liable for the damage caused to the person from the loading case. Justifiable from it. The liability is limited to the amount that would be payable in case of loss of good. Non-official table of contents

§ 446 Adherence to instructions

(1) The right of disposal is in accordance with § § 418 and 419, if a loading certificate is issued , only to the legitimate owner of the charging note. The carrier shall only execute instructions on presentation of the loading note. He shall not, however, carry out instructions from the legitimate owner of the charging note if he is known or unknown to him as a result of gross negligence, that the legitimate owner of the charge note is not the person entitled to the charge from the charging note.(2) The carrier shall be liable for the damage caused to the carrier by instructions, without having to submit the loading note to the carrier. The liability is limited to the amount that would be payable in case of loss of good. Non-official table of contents

§ 447 objections

(1) The carrier can only oppose such objections to the person entitled to the charge from the loading bill, concerning the validity of the declarations in the loading certificate, or the validity of the declarations in the loading certificate, or the freight forwarder directly to the person entitled from the loading certificate. An agreement to which reference is made in the loading note is not content of the loading note.(2) Where an exporting carrier is used in accordance with section 437 of the same by the person entitled to charge the loading person, the exporter may also claim the objections under paragraph 1. Non-official table of contents

§ 448 The traditional effect of the loading case

The issue of the loading note to the recipient named therein, provided that the Carrier has the property in possession, for the acquisition of rights to the goods the same effects as the handing over of the good. The same shall apply to the transfer of the charging note to third parties. Non-official table of contents

§ 449 Differing agreements on liability

(1) Insofar as the contract of carriage is not the promotion of letters or letters, or The liability provisions in § 413 (2), § § 414, 418 (6), § 422 (3), § § 425 to 438, 445 (3) and § 446 (2) can only be deviated from the liability regulations by agreement, which are detailed in detail. , even if it is negotiated between the same Contracting Parties for a majority of similar contracts. However, the carrier may not, in relation to a recipient designated in the loading certificate, to which the loading certificate is situated, on a destination in the loading vessel which deviates from the provisions referred to in the first sentence, at the expense of the person entitled to the charge from the charging certificate. , as well as to a third party to whom the loading ship has been transferred.(2) By way of derogation from paragraph 1, the compensation to be paid by the carrier for loss of or damage to the goods may also be limited by pre-formulated terms and conditions to a sum other than those provided for in Article 431 (1) and (2); if this amount is
1.
between 2 and 40 units of account, and the user of the pre-formulated Contractual terms and conditions shall indicate to its contractual partner in an appropriate manner that it provides for an amount other than the statutory amount, or
2.
for the Users of the pre-formulated terms and conditions of the contract are less favourable than the amount provided for in § 431 (1) and (2).
Furthermore, by way of derogation from paragraph 1, by pre-formulated terms and conditions of the contract, the person to be provided by the sender pursuant to § 414 Compensation of the amount shall be limited.(3) Where the shipper is a consumer, the provisions referred to in the first sentence of paragraph 1 may in no case be dismissed, unless the contract of carriage has the effect of transporting letters or letters similar to those referred to in the first sentence of paragraph 1. Object.(4) If the contract of carriage is subject to foreign law, paragraphs 1 to 3 shall be applied in the same way if, according to the contract, both the place of acceptance and the place of delivery of the goods are located in the territory of the country. Non-official table of contents

§ 450 Application of maritime cargo law

The contract of carriage has the carriage of the goods without transhipment both to the inside of the cargo also in the case of marine waters, the Treaty shall apply to the law of the maritime sector if
1.
Connossement is issued or
2.
the route to be covered by sea waters is the larger one.

Second Subsection
moving goods transport

unofficial table of contents

§ 451 relocation contract

has the contract of carriage the The provisions of the first sub-section shall be applied to the contract in so far as the following special provisions or international conventions to be applied to the contract shall be applied to the contract. Non-official table of contents

§ 451a Obligations of the carrier

(1) The obligations of the carrier also include the removal and installation of the furniture, as well as the the loading and unloading of the goods to be relocated.(2) If the sender is a consumer, the obligations of the carrier also include the execution of other services related to the move, such as the packaging and marking of the goods to be moved. Non-official table of contents

§ 451b Freising letter. Dangerous good. Accompanying documents. Notification and disclosure requirements

(1) By way of derogation from § 408, the sender is not obliged to issue a consignment note.(2) By way of derogation from § 410, the sender is only obliged to inform the carrier of the risk of the goods in general, and if the shipper is a consumer, he shall be obliged to inform him of the general danger in general; the information shall not be required. Shape. The carrier shall inform the shipper of the obligation laid down in the first sentence.(3) The carrier shall inform the shipper, if he is a consumer, of the customs and other administrative provisions to be observed. However, it is not obliged to check whether the originator provided by the sender is correct and complete. Nonofficial table of contents

§ 451c (omitted)

unofficial Table of contents

§ 451d Special Disclaimer of Liability

(1) By way of derogation from § 427, the carrier is exempt from liability to the extent that the loss or damage can be attributed to one of the following hazards:
1.
Carriage of precious metals, jewels, gems, money, stamps, coins, securities or Documents;
2.
No packaging or label by the sender;
3.
Treating, Loading or unloading of the goods by the sender;
4.
Carriage of goods not packed by the carrier in containers;
5.
Loading or unloading of goods whose size or weight does not correspond to the room conditions at the loading point or unloading point, provided the carrier is at risk of being sent to the sender of damage previously pointed out and the sender passed on performance;
6.
Carriage of live animals or plants;
7.
Natural or deficient quality of the good, which makes it particularly easy to damage, especially due to breakage, dysfunction, rust, inner spoiding, or running out,
(2) If there has been any damage which could arise in the circumstances of the case from one of the hazards referred to in paragraph 1, it shall be presumed that the damage has been caused by that risk.(3) The carrier may rely on paragraph 1 only if he has taken all the measures he has taken in accordance with the circumstances and has taken special instructions. Non-official table of contents

§ 451e Liability maximum amount

By way of derogation from § 431 (1) and (2), the carrier's liability is due to loss or loss of liability. Damage to an amount of 620 euros per cubic meter of cargo space required for the performance of the contract is limited. Non-official table of contents

§ 451f Claim Display

By way of derogation from § 438 (1) and (2), claims for loss or damage of the good shall be extinguisher.
1.
If the loss or damage of the goods was discernable, and the carrier was not no later than the day after delivery,
2.
if the loss or damage was not visible on the outside and the carrier is not within of fourteen days after delivery.
unofficial table of contents

§ 451g omission of liability exemptions and -limits

If the sender is a consumer, the carrier or a person referred to in § 428 may be
1.
on the liability exemptions and limitations of liability provided for in § § 451d and 451e as well as in the First Subsection, insofar as the carrier does not accept the inform the sender when concluding the contract concerning the liability provisions and point out the possibilities of agreeing a more extensive liability or insure the good,
2.
on § 451f in conjunction with § 438 not appointed, as far as the carrier leaves it, the recipient at the latest upon delivery of the goods via the form and deadline of the damage indication as well as the legal consequences of failure to notify the claim.
The information referred to in the first sentence of 1 (1) must be particularly highlighted in terms of printing technology. Non-official table of contents

§ 451h Differing agreements

(1) If the sender is a consumer, the liability of the carrier and the carrier can be of the sender's rules of this sub-section and the provisions of the first sub-section to be applied to the relocation contract shall not be dismissed to the detriment of the sender.(2) In all cases other than those referred to in paragraph 1, the provisions referred to therein may only deviate from an agreement which is negotiated in detail, even if, for a plurality of similar contracts, they are negotiated between the same Contracting Parties. However, the compensation to be paid by the carrier for loss of or damage to the goods may also be limited by pre-formulated terms and conditions to a sum other than the amount provided for in § 451e, if the user of the the contractual terms and conditions of the contract shall indicate to its contractual partner in a suitable manner that they provide for an amount other than the statutory amount. In addition, the compensation of the amount to be paid by the sender in accordance with section 414 may be limited by pre-formulated contractual conditions.(3) If the transfer contract is subject to foreign law, paragraphs 1 and 2 shall be applied in the same way if, according to the contract, the place of acceptance and the place of delivery of the goods are within the territory of the country.

Third Subsection
Transport of miscellaneous means of transport

unofficial table of contents

§ 452 Carriage agreement on a Transport with a variety of means of transport

shall be carried out and would be carried out on the basis of a uniform contract of carriage with a variety of means of transport, if, in each part of the carriage, the goods are transported by a means of transport (section) between the Contracting Parties has been concluded by a separate contract, at least two of which are subject to different legal provisions, the provisions of the Treaty shall be governed by the Treaty subsection, unless otherwise specified in the following specific rules or international conventions to be applied. This shall apply even if a part of the carriage is carried out by sea. Unofficial Table Of Contents

§ 452a Known Failure Site

indicates that the loss, damage, or event that is caused to exceed the period of delivery has occurred on a particular part of the journey, the liability of the carrier shall be determined by way of derogation from the provisions of the first sub-section in accordance with the provisions of the legislation relating to a contract for a Transport on this part of the route would be applicable. The proof that the loss, damage or the event leading to an overshoot of the delivery period has occurred on a particular stretch shall be the responsibility of the person who asserts it. Non-official table of contents

§ 452b Failure indication.

(1) § 438 is to be applied irrespective of whether the site of the damage is unknown, is known or is later known. The form and time limit prescribed for the damage indication shall also be maintained if the provisions to be applied to a contract relating to carriage on the last part-haul are complied with.(2) For the beginning of the period of limitation of the claim for loss, damage or exceeding of the delivery period, if the delivery date is to be cancelled, the date of delivery to the recipient is decisive. The claim shall be forfeited even in the case of a known damage site at the earliest in accordance with § 439. Non-official table of contents

§ 452c Relocation contract for a carriage of different types of transport

The contract of carriage has the following The provisions of the second sub-section shall apply to the contract for the transport of goods with a variety of means of transport. § 452a is to be applied only to the extent that provisions of an international agreement binding the Federal Republic of Germany apply to the part of the distance on which the damage occurred. Non-official table of contents

§ 452d Differing agreements

(1) The regulation of § 452b para. 2 sentence 1 can only deviate by agreement. , which is negotiated in detail, even if it is concluded between the same Contracting Parties for a plurality of similar contracts. The other provisions of this sub-section may only be deviated from the provisions of the contractual agreement in so far as the provisions referred to therein permit agreements which differ from those in the provisions of this subsection.(2) By way of derogation from paragraph 1, however, it may also be agreed by pre-formulated terms and conditions that the liability in the case of known damage site (§ 452a) can be agreed
1.
regardless of which part of the damage will occur, or
2.
for the case of the Claim entry on a part of the agreement mentioned in the agreement
according to the rules of the First Subsection.(3) Agreements which exclude the application of the mandatory provisions of a binding international agreement applicable to the Federal Republic of Germany are ineffective. name="BJNR002190897BJNG040000307 " />

Fifth Section
Spedition Store

Non-Official Table of Contents

§ 453 Forwarding agreement

(1) The forwarding agreement obliges the carrier to obtain the dispatch of the goods.(2) The consignor shall be obliged to pay the agreed remuneration.(3) The provisions of this section shall apply only if the dispatch to the business of a commercial enterprise belongs. If the company does not require a commercial operation in a commercial manner and the company of the company is not entered in the commercial register in accordance with § 2, the forwarding business shall also be required to: to the extent that the provisions of the First Section of the Fourth Book are to be applied in addition; however, this does not apply to § § 348 to 350. Non-official table of contents

§ 454 Concern for dispatch

(1) The obligation to obtain the dispatch includes the organization of the transport, in particular,
1.
the determination of the transportation means and the transport path,
2.
the selection of exporting entrepreneurs, the completion of the freight, warehousing and forwarding contracts required for dispatch, as well as the issuing of information and instructions to the exporting entrepreneurs and
3.
securing claims for damages by the consignor.
(2) The carrier's obligations also include the execution of the other agreed upon transport-related services, such as insurance and packaging of goods, labelling and customs treatment. However, the freight forwarder shall only owe the conclusion of the contracts necessary for the provision of such services if this is the result of the agreement.(3) The freight forwarder shall conclude the necessary contracts in his own name or, if he is authorized to do so, on behalf of the consignor. (4) In the performance of his duties, the freight forwarder shall be responsible for the interest of the consignor and his/her behalf. Instructions to follow. Non-official table of contents

§ 455 Treatment of the good, accompanying documents, notification and disclosure requirements

(1) The consignor is obliged to: It shall be good, as far as necessary, to be packed and marked and made available to documents and to provide all information required by the forwarding agent for the fulfilment of his duties. If dangerous goods are to be dispatched, the consignor has to inform the forwarding agent in good time in text form the exact nature of the danger and, if necessary, to take precautions to be taken.(2) The consignor shall, even if he does not have any fault, replace the freight forwarder with any damages and expenses caused by
1.
insufficient packaging or labeling,
2.
Subletting the message about the dangerousness of the Good or
3.
The absence, incompleteness or inaccuracy of the documents or information required for the official treatment of the good.
§ 414 paragraph 2 shall apply accordingly.(3) If the consignor is a consumer, he shall only replace the carrier for damages and expenses in accordance with paragraph 2, insofar as he or she is responsible for a fault. Non-official table of contents

§ 456 Remuneration Maturity

The remuneration is to be paid if the goods are handed over to the carrier or the carrier has been made. Non-official table of contents

§ 457 Claims of the consignor

The consignor can claim a claim from a contract that the forwarding agent for the account of the Consignor has completed in his own name, only after the assignment. However, such claims and the fulfilment of such claims shall be deemed to be transferred to the shipper in relation to the creditors of the freight forwarder. Non-official table of contents

§ 458 Selfentry

The carrier is authorized to perform the promotion of the goods by self-entry. Where he makes use of that power, he shall have the rights and obligations of a carrier or a freighter in respect of the carriage. In this case, in addition to the remuneration for his activity as a freight forwarder, he may require the ordinary cargo. Non-official table of contents

§ 459 Spedition at fixed cost

To the extent that a certain amount is agreed upon as remuneration, the cost of the transport , the freight forwarder shall have the rights and obligations of a carrier or a freighter with regard to the carriage. In this case, he shall be entitled to compensation for his expenses only if this is customary. Non-official table of contents

§ 460 summons

(1) The carrier is authorized to send the goods together with the good of another consignor. The reason for a freight contract concluded for its account via a summoning charge shall be the basis.(2) In the case of carriage by the freight forwarder, the freight forwarder shall have the rights and obligations of a carrier or carrier in relation to the carriage in the summons. In this case, the freight forwarder may require an appropriate remuneration in the circumstances, but at the most, the freight ordinary for the carriage of the individual goods. Non-official table of contents

§ 461 Liability of the freight forwarder

(1) The carrier is liable for the damage caused by loss or damage of the in its This is a good thing. § § 426, 427, 429, 430, 431 (1), (2) and (4), § § 432, 434 to 436 are to be applied accordingly.(2) For damage which is not caused by loss or damage of the goods in the custody of the carrier, the carrier is liable if he violates an obligation under § 454 of the carrier. He is exempt from this liability if the damage could not be averted due to the diligence of a prudent businessman.(3) If, in the course of the occurrence of the damage, a behaviour of the consignor or a particular defect of the good has been involved, the obligation to replace and to the extent of the replacement shall depend on the extent to which such circumstances lead to the damage. contributed. Non-official table of contents

§ 462 Liability for other

The carrier has to represent the actions and omissions of its people to the same extent as own actions and omissions, when the people act in the exercise of their actions. The same shall apply to acts and omissions of other persons, the persons of which he shall use in the performance of his duty to obtain the dispatch. Non-official table of contents

§ 463 Statute of limitations

The limitation of claims arising from a performance subject to the provisions of this section, § 439 shall apply accordingly. Non-official table of contents

§ 464 Pfandrecht of the freight forwarder

The carrier has a lien on the carrier for all claims arising from the freight forwarding contract. Goods submitted for dispatch by the consignor or a third party who has consented to the dispatch of the goods. The freight forwarder also has a lien on the consignor's estate for all undisputed claims from other freight forwarding, freight, sea freight and storage contracts concluded with the consignor. The provisions of Section 440 (1), third sentence, and paragraphs 2 to 4 shall apply accordingly. Non-official table of contents

§ 465 Post-freight forwarder

(1) A carrier is also involved in a transport next to the carrier and has the carrier the delivery shall be effected in accordance with section 441 (1) of the forwarding agent.(2) If a previous carrier or freight forwarder is satisfied by a subsequent carrier, the former shall be entitled to claim and the right of deposit of the former to the latter. Non-official table of contents

§ 466 Disclaimer agreements

(1) Insofar as the shipping contract does not send letters or letters, or letter-like broadcasts, may be deviated from the liability provisions in § 455 (2) and (3), § 461 (1) and § § 462 and 463 only by agreement which is negotiated in detail, even if it is negotiated for a A majority of similar contracts shall be concluded between the same Contracting Parties.(2) By way of derogation from paragraph 1, the compensation to be paid by the freight forwarder for loss of or damage to the goods may also be limited by pre-formulated terms and conditions to a sum other than the amount provided for in Article 431 (1) and (2); if this amount is
1.
between 2 and 40 units of account, and the user of the pre-formulated Contractual terms and conditions shall indicate to its contractual partner in an appropriate manner that it provides for an amount other than the statutory amount, or
2.
for the Users of the pre-formulated terms and conditions of the contract are less favourable than the amount provided for in § 431 (1) and (2).
Furthermore, the compensation to be paid by the consignor pursuant to § 455 (2) or (3) may be effected by means of pre-formulated terms and conditions of the contract. of the height shall be limited.(3) The first sentence of § 458 sentence 2, § 459 sentence 1 and § 460 (2) sentence 1 can only be deviated by contractual agreement in so far as the provisions referred to therein permit agreements that deviate from that.(4) If the consignor is a consumer, the provisions referred to in paragraph 1 shall in no case be dismissed to his detriment, unless the forwarding contract relates to the transport of letters or letters similar to those referred to in paragraph 1.(5) If the forwarding contract is subject to foreign law, paragraphs 1 to 4 shall apply in the same way if, according to the contract, both the location of the takeover and the place of delivery of the goods are within the territory of the country. name="BJNR002190897BJNG040100307 " />

Sixth Section
Storage Store

Non-Official Table of Contents

§ 467 Storage Store

(1) The storage contract requires the warehousekeeper to store and store the goods.(2) The depositor shall be obliged to pay the agreed remuneration.(3) The provisions of this section shall apply only if the storage and storage are part of the operation of a commercial enterprise. If the enterprise does not require a commercial operation in a commercial manner and the company of the company is not entered in the commercial register in accordance with § 2, the company shall also be required to provide the warehouse for the storage of the business. to the extent that the provisions of the First Section of the Fourth Book are to be applied in addition; however, this does not apply to § § 348 to 350. Non-official table of contents

§ 468 Treatment of the good, accompanying documents, notification and disclosure requirements

(1) The depositor is obligated to: Warehousekeepers, if dangerous goods are to be stored, to communicate in good time in text form the exact nature of the hazard and, where necessary, precautionary measures to be taken. It shall also, where necessary, package and label the goods and make available to documents and provide all information required by the warehousekeeper for the performance of his duties.(2) If the depositor is a consumer, then, by way of derogation from paragraph 1,
1.
the warehousekeeper shall be obliged to: to package and label the goods, where necessary,
2.
the depositor only commits to the warehousekeeper of the danger posed by the good in general , in such a case
the warehousekeeper shall, incase, inform the depositor of the obligation laid down in the first sentence of the first sentence of the first sentence and of the administrative provisions concerning an official treatment of the good which he has to consider. shall be informed.(3) The depositor shall, even if he does not have any fault, replace the warehousekeeper with any damages and expenses caused by
1.
insufficient packaging or labeling,
2.
Subletting the message about the dangerousness of the Good or
3.
absence, incompleteness or inaccuracy of the documents or information referred to in § 413 para. 1.
§ 414 (2) shall apply accordingly.(4) If the depositor is a consumer, he shall only compensate the warehousekeeper for any damage and expenditure referred to in paragraph 3 as far as he or she is responsible for any fault. Non-official table of contents

§ 469 Collating storage

(1) The warehousekeeper is only authorized to do reasonable things with other things of the same type and quality. when the parties to the invitation are expressly agreed.(2) If the warehousekeeper is entitled to mix well, co-ownership by the owners of the stored property shall be subject to fractions from the date of the storage.(3) The warehousekeeper shall be able to deliver the proportion duly paid to each of the warehousekeepers without the need for authorisation by the other parties concerned. Non-official table of contents

§ 470 Good receipt of the good

It is good that is sent to the warehousekeeper when it is received in a damaged or Defective condition, which can be recognized externally, the warehousekeeper has to secure claims for damages of the warehousekeeper and give the warehousekeeper a message immediately. Non-official table of contents

§ 471 Preservation of the good

(1) The warehousekeeper has the invitation to visit the good, the removal of samples, and to allow the actions necessary to maintain the good during the business hours. However, it is entitled, and in the case of collection storage, also to carry out the work itself necessary for the maintenance of the good.(2) If, after receiving, changes have been made to the goods or to fear that the loss or damage of the goods or damage to the warehousekeeper may be expected, the warehousekeeper shall do so to the inward-or, if a storage certificate is shall be issued without delay to the last legitimate owner of the certificate, which has become known to him, and to obtain the instructions of the latter. If the warehousekeeper cannot obtain instructions within a reasonable period of time, he shall take the appropriate measures. He may, in particular, have the goods sold in accordance with § 373; if he makes use of that power, the warehousekeeper shall have the threat of sale provided for in Section 373 (3) and the same as in paragraph 5 thereof, if a storage certificate is issued. To set out the necessary notifications to the last legitimate owner of the storage bill. Non-official table of contents

§ 472 Insurance, Invitation to a third party

(1) The warehousekeeper is obliged to make the good at the request of the Insure one-seater. If the depositor is a consumer, the warehousekeeper shall inform him of the possibility of assuring the good.(2) The warehousekeeper shall only be entitled to store the goods with a third party if the warehousekeeper has expressly permitted him to do so. Non-official table of contents

§ 473 Duration of storage

(1) The invitation-in may request the goods at any time. If the storage contract is closed for an indefinite period, however, it may terminate the contract only in compliance with a notice period of one month, unless there is an important reason for the termination of the contract without compliance with the contract. Notice period authorized.(2) The warehousekeeper may request the withdrawal of the goods after the expiry of the agreed storage period or upon storage indefinitely after termination of the contract in accordance with a notice period of one month. If there is an important reason, the warehousekeeper may demand the withdrawal of the goods even before the expiry of the storage period and without the need for a notice period.(3) If a storage certificate is issued, the denunciation and the request for withdrawal shall be sent to the last legitimate owner of the warehouse, which has become known to the warehousekeeper. Non-official table of contents

§ 474 Application replacement

The warehousekeeper is entitled to compensation for his expenses incurred for the good, insofar as he or she should be considered necessary in the circumstances. Non-official table of contents

§ 475 Liability for loss or damage

The warehousekeeper is liable for the damage caused by loss or damage. of the good in the period from the take-over to the storage up to the extradition, unless the damage could not be averted by the care of a prudent businessman. This shall also apply if the warehousekeeper deposits the goods with a third party in accordance with § 472 (2). Non-official table of contents

§ 475a statute of limitations

The limitation of claims arising from storage subject to the requirements of this section, § 439 shall apply mutatily. In the event of total loss, the period of limitation shall begin at the end of the day on which the warehousekeeper displays the loss to the warehousekeeper or, if a storage certificate is issued, the last legitimate owner of the storage certificate which has become known to him. Non-official table of contents

§ 475b Pfandrecht of the warehousekeeper

(1) The warehousekeeper has a lien on the storage contract for all claims arising from the storage contract. He or a third party who has consented to storage for storage shall be handed over to him for storage. The warehousekeeper also has a lien on the goods of the warehousekeeper for all undisputed claims from other warehouses, freight, sea freight and forwarding contracts concluded with the warehousekeeper. The lien also extends to the claim from insurance as well as to the accompanying documents.(2) If an order storage certificate has been transferred by Indossament, the lien shall consist of the legitimate owner of the storage certificate only on the basis of the remuneration and expenses which are apparent from the storage certificate or on the acquisition of the order form. Storage certificates were known or were unknown as a result of gross negligence.(3) The lien shall exist as long as the warehousekeeper has the property in his possession, in particular as long as he/she can dispose of it by means of connossements, loading notes or storage certificates. Non-official table of contents

§ 475c Inventory.

(1) The obligation to extradite the good may be issued by the warehousekeeper after he has received the goods, a storage certificate containing the following information:
1.
Location and day of inventory display;
2.
The name and address of the warrior;
3.
The name and address of the warehousekeeper;
4.
Place and Day of Invitation;
5.
the usual name of the type of good and the type of packaging, in the case of dangerous goods, their name provided for in accordance with the provisions of the dangerous goods regulations, otherwise their generally accepted name;
6.
Number, signs and numbers of the packages;
7.
raw weight or the other specified amount of good;
8.
in the case of the Collection storage a note hereof.
(2) Details can be entered in the storage certificate, which the warehouse holder considers appropriate.(3) The storage certificate shall be signed by the warehousekeeper. A replica of the personal signature by printing or stamping is sufficient.(4) The storage certificate is an electronic record which fulfils the same functions as the storage certificate, provided that it is ensured that the authenticity and integrity of the recording are preserved (electronic Storage certificate). The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of the Interior, by legal regulation which does not require the consent of the Federal Council, the details of the exhibition, submission, return and the transfer of an electronic storage certificate and the details of the proceedings relating to subsequent entries in an electronic storage certificate. Non-official table of contents

§ 475d effect of the storage bill. Legitimation

(1) The storage certificate justifies the presumption that the goods and their packaging have been taken over in relation to the external recognizable condition as well as on the number, signs and numbers of the packages as described in the storage certificate. If the weight of the raw material or the quantity of the goods or the content of the stock is checked by the warehousekeeper and the result of the inspection has been entered in the storage certificate, it shall also justify the presumption that the weight, quantity or content of the goods shall be included in the storage certificate. Information in the storage certificate is the same.(2) Where the storage certificate is issued to a person who is designated as entitled to receive the goods, the warehousekeeper may not refute that person's presumption in accordance with paragraph 1, unless the person was at the time of the forgiveness of the Storage certificates known or unknown as a result of gross negligence, that the information in the storage certificate is incorrect. The same shall apply to a third party to which the storage certificate is transmitted.(3) The storage contractual claims securitised in the storage certificate can only be asserted by the person entitled to the storage certificate. For the benefit of the legitimate owner of the storage certificate, it is presumed that he is the person entitled to the storage certificate. The authorized owner of the storage certificate is who owns a storage certificate that
1.
on the owner ,
2.
is an order and names the owner as the person who is entitled to receive the good, or through an uninterrupted series of indossaments tells or
3.
is the name of the owner.
unofficial Table of contents

§ 475e Extradition against return of the warehouse ticket

(1) The authorized owner of the warehouse ticket is entitled to demand the delivery of the goods from the warehousekeeper.(2) If a storage certificate is issued, the warehousekeeper shall be obliged to extradite the goods only against the return of the storage certificate on which the extradition is certified. The warehousekeeper is not obliged to check the authenticity of the indossamente. However, it shall not extradite the goods to the legitimate owner of the warehouse, if it is known to him or is unknown as a result of gross negligence, that the legitimate owner of the storage certificate is not the person entitled to the storage certificate.(3) The delivery of a part of the goods shall be effected against depreciation on the storage certificate. The depreciation note shall be signed by the warehousekeeper.(4) The warehousekeeper shall be liable to the person entitled from the storage certificate for the damage which arises from the fact that he has delivered the goods without having to return the storage certificate or to enter it without a write-off notice. Non-official table of contents

§ 475f objections

The holder of the warehouse may only oppose any objections that may be made by the warehouse keeper, which the validity of the declarations in the storage certificate or the validity of the contents of the storage certificate or the storage holder directly to the person entitled from the storage certificate. An agreement that is merely referred to in the storage certificate is not the contents of the storage certificate. Non-official table of contents

§ 475g Traditional effect of the storage bill

The delivery of the storage bill to the person who is the one to receive the If the warehousekeeper is in possession of the goods, good authorized persons shall have the same effects as the transfer of the good for the acquisition of rights to the good. The same applies to the transfer of the storage certificate to third parties. Non-official table of contents

§ 475h Differing agreements

If the depositor is a consumer, the disadvantage of § § 475a and § 475a cannot be the disadvantage of the consumer. 475e paragraph 4.

Fifth book
Seehandel

First section
People of Shipping

Non-official Table of Contents

§ 476 Reeder

Reeder is the owner of a ship operated by him for the purchase by sea. Non-official table of contents

§ 477 Ausrüster

(1) Ausrüster is who operates a ship that does not belong to it for the purpose of shipping by sea.(2) The supplier shall be considered to be a shipowner in relation to third parties.(3) If the owner of a ship is taken up by a third party as a shipowner, he may rely on the third party only to the extent that he does not, but an equipment supplier, operates the ship for the purpose of obtaining the ship by sea, if he/she is the third party to the ship. , immediately after the claim has been made, the name and address of the supplier shall be notified. Non-official table of contents

§ 478 ship crew

The ship's crew consists of the master, the ship's officers, the ship crew, and the ship crew. any other person engaged in the operation of the vessel, who is employed by the shipowner or the supplier of the ship, or who is left to the shipowner or the equipment supplier by a third party for work in the course of the operation of the ship, and who shall Arrangements of the captain are subject to the procedure. Non-official table of contents

§ 479 Rights of the master. Diary (

) The master shall be empowered to carry out all transactions and acts normally carried out by the shipowner for the shipowner to be carried out. This power also extends to the conclusion of freight contracts and to the issuing of connossements. A limitation of this power requires a third party to be subject to it only if he knew it or had to know it.(2) If a diary is to be carried on the ship, the master shall bear all the accidents which occur during the voyage and which may affect the ship, persons or cargo, or may otherwise result in an asset disadvantage. The accidents shall be described with the indication of the means used to avoid or reduce the disadvantages. The persons affected by the accident may require a copy of the entries for the accident and a certification of this transcript. Non-official table of contents

§ 480 Reeders responsibility for ship's crew and pilots

Has a member of the ship's crew or a member of the ship's crew member The shipowner shall also be liable for the damage as well as the shipowner shall be liable to a third party in the performance of his duties on board the pilot. However, the shipowner shall be liable to a charge operator for damage caused by loss of or damage to good which is carried by the ship, only as if he were the carrier; § 509 shall be applied accordingly. name="BJNR002190897BJNG035702377 " />

Second Section
Carriage Contracts

First Subsection
Sea Freight Contracts

First Title
Bill of Materials Contract

First Subtitle
General Rules

unofficial table of contents

§ 481 Hauptobligations. Scope

(1) By means of the contract for the carriage of goods, the carrier is obliged to transport the goods by sea to the destination by sea and to deliver them to the consignee.(2) The respondent shall be obliged to pay the agreed cargo.(3) The provisions of this Title shall apply if the carriage is part of the operation of a commercial enterprise. If the enterprise does not require a commercial operation established in a commercial manner and the company is not registered in the commercial register in accordance with § 2, the company shall be required to provide the goods in the form of a contract for cargo. to the extent to which the provisions of the First Section of the Fourth Book are to be applied in addition; however, this does not apply to § § 348 to 350. Non-official table of contents

§ 482 General information about the good

(1) The charterer has the carrier before the handover of the good, which is for the survey of the goods required for transport. In particular, the respondent in text form has to provide information on measure, number or weight, as well as on the signs and the nature of the good.(2) In the case of a third party named by the respondent, the carrier may also request the information referred to in the second sentence of paragraph 1 to be sent to the carrier. Non-official table of contents

§ 483 Hazary Good

(1) The respondent and the respondent in § 482 (2) shall have the right to transport dangerous goods. shall inform the freighter in good time, in text form, of the exact nature of the risk and, where necessary, of the precautions to be taken.(2) In the event that the master or the ship ' s agent has not been aware of the nature of the hazard, or at least has been communicated to the master or the ship ' s agent, the freighter may unload, store, return or, where necessary, Destroy or render harmless without being liable to the charterers. If, in the event of a transfer of the good, the carrier, the master or the ship ' s agent was aware of the nature of the hazard, or if it had been communicated to it, the carrier may only take the measures referred to in the first sentence without the respondent therefore having to take the necessary measures to: where the dangerous goods ship or cargo is endangered and the risk is not caused by the fault of the shiver.(3) The carrier may, on the basis of the measures taken in accordance with the first sentence of paragraph 2, replace the necessary measures taken by the respondent and the third party referred to in § 482 (2), provided that the person concerned has given incorrect or incomplete information in the case of the unloading. Demand expenses. Non-official table of contents

§ 484 Packaging. Labelling

The respondent shall pack the goods in such a way that, taking into account the agreed transport, the nature of the goods is to be packaged in such a way that it is protected from loss and damage, and that the carrier also does not have any Damage is created. If the goods are to be transferred in a container, on a pallet or in or on another loading means for transport used for the summary of cargo, the respondent shall also have the goods in or on the loading means. safe to store and secure. The respondent also has the property to be marked as far as this is required by the contract. Unofficial table of contents

§ 485 Sea and cargo stuffiness

The freighter has to ensure that the ship is in a seaworthy position, belonging to equipped, equipped, manned and provided with sufficient supplies (seaworthiness), and that the cargo spaces, including the refrigerating and freezing rooms, as well as all other parts of the ship, are loaded in or on which goods are loaded, in which: the reception, transport and maintenance of the goods are in the condition of loading (loading capacity). unofficial table of contents

§ 486 unload. Loading. Recharge. Delete

(1) The respondent has to effect the handover of the goods to the carrier for the transport (unloading) within the contractually agreed time. The carrier shall give a written acknowledgement of receipt at the request of the person who charges the good. The receiving commitment may also be issued in a connossement or sea freight letter.(2) If nothing else arises from the circumstances or the traffic siting, the freighter has to load the goods into the ship and to store and secure (loading) there as well as to delete the good.(3) If the goods are in a container, the freighter is authorized to recharge the container.(4) The freighter shall not be allowed to charge the goods on deck without the consent of the respondent. If a connossement is issued, the approval of the ablader (§ 513 paragraph 2) is required. The goods may, however, be loaded on deck without consent if it is in or on a loading means suitable for carriage on deck and if the deck is equipped for the transport of such a loading means. Non-official table of contents

§ 487 Accompanying Documents

(1) The respondent has to provide the carrier with all documents and information on , which are required for official treatment, in particular customs clearance, prior to delivery.(2) The freighter is responsible for the damage caused by loss or damage of the documents passed to him or by the incorrect use thereof, unless the damage would have been caused by the care taken by a regular It is not possible to avert the freighter. The liability is limited to the amount that would be payable in case of loss of good. An agreement which broadens or further reduces liability shall be effective only if it is negotiated in detail, even if it is concluded between the same Contracting Parties for a majority of similar contracts. However, a provision in the connossement, which further reduces liability, is not effective in relation to third parties. Non-official table of contents

§ 488 Liability of the respondent and third party

(1) The respondent has to reimbursed the convoy for damages and expenses, which is caused by
1.
Inaccuracy or incompleteness of the required information on the Good,
2.
Subletting the message about the dangerousness of the good,
3.
insufficient Packaging or marking or
4.
absence, incompleteness or inaccuracy of the documents or information referred to in § 487 (1).
The respondent is , however, shall be exempted from his liability if he is not responsible for the breach of duty.(2) In the case of the third party referred to in § 482 (2), the person referred to in paragraph 482 (2) shall have incorrect or incomplete information in the case of unloading, or if he fails to inform the carrier of the dangerous nature of the goods, the latter may also be responsible for the replacement of the goods by the latter. shall require damage and expenses. This shall not apply if the third party does not have to represent the breach of duty.(3) If a connossement is issued, the charterers and the loaders (§ 513 (2)) shall, even if they do not have any fault, reimburse the consignor for damages and expenses caused by
1.
Inaccuracy or incompleteness of the items included in the connossement according to § 515 paragraph 1 Number 8 on measure, number or weight as well as on the symbol of the good or
2.
Undertaking the message about the danger of the good.
Each of them is liable however, to the carrier only for the damages and expenses incurred as a result of the inaccuracy or incompleteness of his/her respective information.(4) If, in the event of damage or expense, a behaviour of the shipper has been involved, the obligation of the respondent and the defendant in accordance with paragraph 3 to the replacement as well as the extent of the revenue to be paid shall depend on the extent to which this behavior has contributed to the damage and expenses.(5) An agreement which excludes the liability referred to in paragraphs 1, 2 or 3 shall be effective only if it is negotiated in detail, even if it is concluded for a plurality of similar contracts between the same Contracting Parties . However, by way of derogation from the first sentence, the amount of compensation to be paid by charterers or shippers may also be limited to pre-formulated terms and conditions of the contract. Unofficial table of contents

§ 489 Termination by the interrogator

(1) The respondent can cancel the bill of cargo contract at any time.(2) Termination of the charterers, the carrier may require the following:
1.
the agreed cargo and Expenses to be replaced, taking into account what the carrier saves or otherwise acquires or acquires in any other way as a result of the cancellation of the contract, or
2.
one-third of the agreed cargo (fautfracht).
If the cancellation is based on reasons that are attributable to the risk area of the freighter, the right to the contract is not The faucet referred to in the first sentence of point 2; in this case, the claim referred to in the first subparagraph of paragraph 1 shall also be deleted, provided that the carriage is not of interest to the charterers.(3) If goods have already been loaded before termination of the contract, the carrier may take measures at the expense of the respondent in accordance with § 492 (3) sentences 2 to 4. By way of derogation from the first sentence, the costs shall be borne by the freighter on the basis of the termination on grounds attributable to the risk area of the consignor. Non-official table of contents

§ 490 Rights of the interrogator in the case of a defaulting charge

(1) The respondent does not have to charge the goods or not to charge the goods. fully within the contractually agreed time, the respondent may set a reasonable time limit within which the goods shall be unloaded.(2) If the goods are not charged up to the end of the period laid down in accordance with paragraph 1, or if it is obvious that the unloading will not be effected within this period, the carrier may terminate the contract and the claims in accordance with § 489 paragraph 2.(3) If the goods are only partially unloaded up to the end of the period laid down in accordance with paragraph 1, the carrier may transport the part of the goods which have already been loaded and ask for the full cargo and replacement of the expenses incurred by the person concerned by the absence of a Part of the good are created. However, the cargo is to be deducted from the full cargo for the transport of the good which the freighter carries with the same ship instead of the goods which are not loaded. Moreover, in so far as the freighter escapes the safety of the full cargo due to the absence of a part of the good, it may also require other security.(4) The interrogator may exercise the rights referred to in paragraph 2 or 3 even without a time limit, if the respondent or the third party referred to in § 482 (2) seriously and definitively refuses to charge. He may also terminate the contract referred to in paragraph 2 without notice, even if there are special circumstances which make the continuation of the contractual relationship unreasonable under consideration of the interests of both sides.(5) The rights shall not be granted to the carrier in so far as the property is not charged within the contractually agreed time for reasons which are attributable to the risk area of the freighter. Unofficial Table Of Contents

§ 491 Subsequent Instructions

(1) Insofar as § 520 paragraph 1 does not determine any deviation, the respondent shall be entitled to: to have the good. It may, in particular, require that the freight carrier does not move the goods further, move it to another destination or delivers it to another extinguishing place or to another recipient. The interrogator is only obliged to comply with such instructions in so far as the execution of such instructions does not threaten the operation of his company or damage to the charterers or recipients of other broadcasts. He may demand compensation from the respondent of his expenses incurred as a result of the execution of the instruction, as well as an appropriate remuneration; the interrogator may make the compliance of the instruction subject to an advance.(2) The right of disposal of the respondent shall be extinguished upon arrival of the goods at the extinguishing site. From that date, the right of disposal referred to in paragraph 1 shall be entitled to the consignee. If the recipient makes use of this right, he/she shall reimbursed the carrier for the expenses incurred as well as to pay an appropriate remuneration; the carrier may make the compliance of the instruction subject to an advance payment.(3) Where a sea freight letter has been issued, the respondent may exercise his right of disposal only on presentation of the copy of the sea freight letter intended for him, provided that this is prescribed therein.(4) If the freighter does not intend to comply with an instruction given to him, he shall immediately inform the person who has given the instructions.(5) If the exercise of the right of disposal has been made subject to the submission of a sea freight letter and if the convoy carries out a instruction without having to submit the copy of the sea freight letter, he shall be liable to the person entitled to the right of disposal for the any damage resulting from it. The liability is limited to the amount that would be payable in case of loss of good. An agreement which broadens or further reduces liability shall be effective only if it is negotiated in detail, even if it is concluded between the same Contracting Parties for a majority of similar contracts. Non-official table of contents

§ 492 Obstacles to transport and delivery

(1) If the goods are accepted, the promotion or the transport of goods is recognized as being If delivery cannot be carried out in accordance with the contract, the carrier shall obtain instructions of the person entitled to dispose of the goods in accordance with § 491 or § 520. If the recipient is entitled to dispose of the goods and if he is not to be identified or refused acceptance of the goods, if a connossement is not issued, the person entitled to dispose of the goods in accordance with the first sentence of the first sentence shall be the right to dispose of the goods. it has been made subject to the submission of a sea freight letter, it does not require the submission of the sea freight letter. If instructions have been given to him and the obstacle is not attributable to his/her risk area, the freighter shall be entitled to assert claims in accordance with § 491 (1) sentence 4.(2) If the obstacle to transport or delivery occurs after the consignee has given instructions in accordance with Section 491 to deliver the goods to a third party on the basis of his power of disposal, the addressee shall take the place in the application of paragraph 1 of the respondent and the third party of the recipient.(3) If, within a reasonable period of time, the carrier may not obtain instructions which he would have to follow in accordance with Article 491 (1) sentence 3, he shall take the measures which appear to be the best in the interest of the person entitled to dispose. He may, for example, delete and retain the good, entrust or return to a third party for the custody of a third party in accordance with § 491 or § 520; trusts the carrier to a third party, he shall be liable only for the careful selection of the third party. The carrier may also sell the goods in accordance with § 373 (2) to (4) if the goods are perishable or if the condition of the goods justifies such a measure or if the otherwise incurred costs do not in any way be appropriate Relationship to the value of the good. The carrier shall be allowed to destroy the invaluable good. After the goods have been deleted, the transport shall be deemed to have ended.(4) In the light of the measures taken in accordance with paragraph 3, the carrier shall be entitled to compensation for the necessary expenses and to the appropriate remuneration, unless the obstacle is to be attributed to his/her risk area. Non-official table of contents

§ 493 Payment. Freight calculation

(1) The freight is to be paid on delivery of the goods. In addition to the freight, the freighter has a right to compensation for expenses, insofar as these were made for the good and he was allowed to consider it necessary for the circumstances.(2) The right to the cargo shall be waited insofar as the carriage is impossible. If the carriage is terminated prematurely as a result of a transport or delivery obstacle, the freight carrier shall be entitled to the pro rata freight for the completed part of the carriage if it is of interest to the respondent.(3) By way of derogation from paragraph 2, the shiver shall retain the right to the cargo if the transport is impossible for reasons attributable to the risk area of the charterer or which occurs at a time when the charterer is in arrests of the Assumption is. However, the carrier has to be reckon with what he saves on expenses or otherwise acquires or otherwise acquires maliciously not.(4) If a delay occurs after the commencement of the transport and before arrival at the extinguishing site and the delay is based on reasons which are to be attributed to the risk area of the respondent, the freight carrier shall be entitled to an appropriate remuneration in addition to the freight.(5) If the freight is agreed by number, weight or otherwise specified quantity of the goods, the calculation of the freight shall be presumed to be in the sea freight letter or connossement; this shall also apply where this information is included in the Reservation is registered, which is based on the fact that no reasonable means were available to verify the accuracy of the information. Non-official table of contents

§ 494 Recipient rights. Obligation to pay

(1) Upon arrival of the goods at the extinguishing site, the recipient shall be entitled to demand from the carrier to deliver the goods to him against the fulfilment of the obligations arising from the contract of cargo cargo. If the goods have been damaged or have been delivered late or have been lost, the consignee may claim the claims from the contract of cargo in his/her own name against the carrier; the respondent shall remain responsible for the assertion of the goods. Claims empowered. In doing so, it makes no difference whether the recipient or the respondent is acting in their own or foreign interest.(2) The addressee who asserts his right under the first sentence of paragraph 1 shall pay the freight still owed up to the amount indicated in the transport document. If a transport document has not been issued or has not been submitted to the consignee or if the transport document does not show the amount of the freight to be paid, the consignee shall pay the freight agreed with the charterer, to the extent that: that is not inappropriate.(3) The recipient who asserts his right in accordance with the first sentence of paragraph 1 shall also pay compensation in accordance with Section 493 (4) if he has been informed of the amount due on delivery of the good.(4) The respondent shall remain committed to the payment of the amounts due under the contract. Non-official table of contents

§ 495 The carrier's right of lien

(1) The freighter has a contract for all claims arising from the cargo cargo contract Right of care in the goods handed over to him for the carriage, the ablader or a third party who agreed to the carriage of the goods. The freight forwarder also has a lien on all the undisputed claims from other sea freight, freight, freight forwarding and storage contracts concluded with the charterers. The lien shall extend to the accompanying documents.(2) The lien shall exist as long as the carrier has the property in his possession, in particular as long as he/she can dispose of it by means of a bill of lading, loading or storage certificate.(3) The lien shall also continue after delivery, if the carrier makes it legally asserted within ten days of delivery and the property is still in the possession of the recipient.(4) The threat of mortgage sales referred to in § 1234 (1) of the Civil Code, as well as the notifications provided for in § § 1237 and 1241 of the Civil Code, shall be subject to the provisions of § 491 or § 520 of the Civil Code. Receiver. If it is not to be determined or if it refuses to accept the good, then the threat and the notifications shall be sent to the charterers. Non-official table of contents

§ 496 Subsequent Carriers

(1) In the case of carriage by a number of carriers, the last one shall have the last in delivery. to collect the claims of previous carriers, he shall exercise the rights of the preceding carriers, including in particular the right of lien. The lien of each preceding diver shall remain as long as the lien of the last freighter.(2) If a preceding freighter is satisfied by a subsequent convoy, the demand and pledge of the former shall pass to the latter.(3) Paragraphs 1 and 2 shall also apply to the claims and rights of a freight forwarder who has participated in the promotion. Non-official table of contents

§ 497 rank of several lien

Existence of the same good several pursuant to § § 397, 440, 464, 475b and 495 Pledge rights, the rank of these pledge rights shall be determined according to § 442.

Second subtitle
Liability for loss of or damage to the good

Non-official table of contents

§ 498 Liability Reason

(1) The freighter is liable for the damage caused by loss or damage of the good in time. from the take-over to the transport to the delivery.(2) The carrier shall be exempted from his liability in accordance with paragraph 1, in so far as the loss or damage is due to circumstances which could not have been averted by the diligence of a regular convior. If the goods have been transported with a seaworthy or uncharted vessel and, in the circumstances of the case, it is likely that the loss or damage is due to the lack of sea or cargo, the carrier shall be shall not, however, be exempted from its liability only in accordance with the first sentence, if it also proves that the lack of sea or cargo is not to be discovered by the use of the diligence of a regular carrier until the voyage is made.(3) If, in the course of the occurrence of the damage, a fault of the damaged person has been involved, the obligation to replace and the extent of the replacement shall be subject to the circumstances, in particular to the extent to which the damage is predominantly caused by the or the other part. Non-official table of contents

§ 499 Special damage causes

(1) The freighter is not liable if the loss or damage is caused to one of the the following circumstances:
1.
hazards or accidents of the sea and other navigable Waters,
2.
Warrior events, unrest, actions by public enemies, or orders of high hand, and quarantine restrictions,
3.
Judicial Seizure,
4.
Strike, lockout, or other Disability,
5.
Actions or omissions of the charterers or abladers, in particular insufficient packaging or insufficient marking of the cargo by the charterers or loaders,
6.
of the natural type or nature of the good, which is particularly easy to damage, especially by breakage, rust, inner spoiform, Drying out, running out, normal shrinkage of room content or weight,
7.
the transport of live animals,
8.
Measures to rescue people from sea waters,
9.
Recovery measures on Seewaters.
Sentence 1 shall not apply if the damage could have been averted by the diligence of a regular carrier.(2) If, in the circumstances of the case, it is probable that the loss or damage is based on one of the circumstances listed in the first sentence of paragraph 1, it shall be presumed that the damage is based on that circumstance. Sentence 1 shall not apply if the goods have been transported with a seaworthy or non-seven-infamous vessel.(3) If the carrier is obliged under the contract for contract to protect the material against the effects of heat, cold, temperature fluctuations, humidity, vibrations or similar influences, it may rely on the first sentence of paragraph 1. 1 (6) only if it has taken all the measures which it may have, in particular with regard to the selection, maintenance and use of special facilities, and has complied with specific instructions.(4) The freighter may rely on the first sentence of paragraph 1, point 7, only if he has taken all the measures he may have under the circumstances and has taken special instructions. Unofficial table of contents

§ 500 Unauthorized loading on deck

The carrier has the consent of the carrier without the required consent pursuant to § 486 (4) of the Charterers or the Ablader Gut on deck, he is liable, even if he does not have any fault, for the damage caused by the fact that the good has been lost on deck due to the loading or has been damaged. In the case of sentence 1, it is assumed that the loss or damage of the good is due to the fact that the goods were loaded on deck. Non-official table of contents

§ 501 Liability for others

The freighter has a fault of its people and the ship's crew to the same extent. represented like their own fault. The same shall apply to the fault of other persons, the persons of whom he is using when carrying out the transport. Non-official table of contents

§ 502 Value set

(1) The carrier has a total or partial loss in accordance with the provisions of this subtitle. of the good compensation shall be replaced by the value which the lost property would have had in the case of a timely delivery to the place of destination contractually agreed upon.(2) If, in accordance with the provisions of this subtitle, the carrier has to pay compensation for damage to the good, the difference between the value of the damaged goods at the place and the time of delivery and the value of the value shall be replaced by the value of the goods. would have had undamaged good at the place and at the time of delivery. It shall be presumed that the costs to be incurred in order to reduce the damage and to raise the damage are equivalent to the difference to be determined in accordance with the first sentence.(3) The value of the goods shall be determined according to the market price, otherwise according to the common value of goods of the same type and nature. If the goods have been sold for transport immediately prior to the transfer, it shall be presumed that the purchase price shown in the seller's invoice, including the transport costs contained therein, is the market price.(4) The amount to be replaced in accordance with the preceding paragraphs shall be deducted from the amount saved as a result of the loss or damage to customs duties and other costs and in the event of loss of freight. Non-official table of contents

§ 503 Damage costs

If the goods are lost or damaged, the freight carrier has to do so by means of the following § 502 to bear the costs of the determination of the damage in addition to the replacement. Non-official table of contents

§ 504 Liability ceiling for property damage

(1) The compensation to be paid pursuant to § § 502 and 503 due to loss or loss of liability. Damage shall be limited to an amount of 666.67 units of account for the piece or unit, or an amount of 2 units of account for the kilogram of the raw weight of the goods, whichever is higher. Where a container, pallet or other loading means is used for the summary of cargo, each piece and unit contained in a transport document as contained in such a loading means shall be deemed to be used. , as a piece or unit within the meaning of the sentence 1. In so far as the transport document does not contain such information, the loading means shall be deemed to be a piece or unit.(2) If the goods consist of several items of cargo (cargo) and only individual items of cargo have been lost or damaged, the calculation of the limit referred to in paragraph 1 (l) shall be: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
basically to put the entire load when the total load is devalued, or
2.
The devalued part of the load to be used when only a part of the load is devalued.
unofficial table of contents

§ 505 unit of account

The unit of account referred to in this subtitle is the Special Drawing Right of the International Monetary Fund. The amount shall be converted into euro in accordance with the value of the euro in relation to the special drawing right on the day of delivery of the good or on the day agreed by the parties. The value of the euro in relation to the Special Drawing Right shall be determined by the calculation method used by the International Monetary Fund on the day in question for its operations and transactions. Non-official table of contents

§ 506 Non-contractual claims

(1) The provided in this subtitle and in the general cargo contract Liability exemptions and limitations of liability also apply to an out-of-contract claim by the respondent or the consignee against the freighter due to loss or damage of the goods.(2) The freighter may also claim the objections under paragraph 1 against non-contractual claims by third parties for loss of or damage to the goods. However, the objections cannot be asserted if
1.
is based on an agreement. , which deviates from the provisions of this subtitle to the detriment of the respondent,
2.
the third of the transport has not been agreed and the freighter is missing the missing Authority of the respondent to send the good, knew or did not know as a result of gross negligence, or
3.
the good to the third party or to a person who is responsible for the However, the right to take possession of the goods before being taken over for the purpose of transport.
2) (1) shall not, however, apply to an agreement on the liability of the freighter in accordance with section 512 (2) (1) for a damage caused by a Conduct in the management or other operation of the ship, or caused by fire or explosion on board the ship. Non-official table of contents

§ 507 Disclaimer of Liability exemptions and limitations

The subtitle and the Bill of Materials Contract Liability exemptions and liability limitations do not apply if
1.
the damage to an act or Failure to do so is due either intentionally or recklessly and in the consciousness that a damage is likely to occur, or
2.
The freighter with the charterer or the loader has agreed that the good will be carried below deck and the damage is due to the fact that the good is loaded on deck
Non-official table of contents

§ 508 Liability of the people and the ship's crew

(1) Any claims arising from non-contractual liability shall be in the event of loss of or damage to the goods against one of the people of the contortion, the person may also rely on the exemptions and limitations of liability laid down in this subtitle and in the contract for the contract of general cargo. The same applies if the claims against a member of the ship's crew are asserted.(2) An appeal to the exemption of liability and limitation of liability in accordance with paragraph 1 shall be excluded if the debtor has acted intentionally or lightly and in the consciousness that a damage will likely occur.(3) Where the loss of or damage to the good of both the carriers and one of the persons referred to in paragraph 1 is responsible, they shall be liable as the total debtor. Non-official table of contents

§ 509 Exporter

(1) If the carriage is carried out in whole or in part by a third party, who does not The third party (performing carrier) shall be liable for the damage caused by loss of or damage to the goods during the transport carried out by him, as if he were the freighter.(2) Contractual agreements with the interrogator or consignee, by which the interrogator extends his liability, shall act against the exporting carrier only insofar as he has agreed to them in writing.(3) The exporting carrier may make use of all objections and objections raised by the carrier from the contract of cargo cargo.(4) Carriers and exporters shall be liable as total debtors.(5) If one of the persons of the exporting convoy or a member of the crew is used, Section 508 shall apply accordingly. Non-official table of contents

§ 510 damage display

(1) If the goods are lost or damaged externally, the receiver shows a loss or damage to the goods. or if the respondent does not lose or damage the cargo at the latest upon delivery of the goods, it shall be presumed that the goods have been delivered completely and undamaged. The display must indicate the loss or damage sufficiently clearly.(2) The presumption referred to in paragraph 1 shall also apply if the loss or damage has not been identified externally and has not been displayed within three days of delivery.(3) The damage indication shall be in text form to be reimbursed. In order to meet the deadline, it is sufficient to send it on time.(4) If loss or damage is indicated in the case of delivery, the display shall be sufficient to the person who delivers the goods. Unofficial Table Of Contents

§ 511 Loss Assumption

(1) The claimer may consider the good to be lost if it is not within a period, which corresponds to two times the agreed delivery period, but at least 30 days, in the case of a cross-border carriage, shall be 60 days. Sentence 1 shall not apply if the carrier does not need to deliver the goods due to a right of retention or a lien on the right of retention or if the property is a pledge for a claim for a contribution to the Great Haverei and therefore the good does not shall be extradited.(2) If the claimer is entitled to compensation for the loss of the good, he may, upon receipt of the compensation, request that he be notified immediately if the good is found again.(3) The beneficiary may, within one month after receiving the notification, request that the good be relocated to him by train against reimbursement of the compensation, if necessary minus the compensation in the compensation shall be delivered. Any obligation to pay the freight as well as claims for damages shall remain unaffected.(4) If the goods are recovered after payment of a compensation and the claimer has not asked for a notification or if, after notification, he does not claim his right to delivery, the carrier may be informed of the Good free. Non-official table of contents

§ 512 Differing agreements

(1) The provisions of this subtitle can only deviate from the terms of agreement , which shall be negotiated in detail, even if it is concluded between the same Contracting Parties for a plurality of similar contracts.(2) By way of derogation from paragraph 1, however, it may also be determined by pre-formulated terms and conditions that
1.
The shipowder has not been responsible for the fault of his people and the ship's crew if the damage is caused by a conduct in the management or other operation of the ship. Ship, but not in carrying out any measures taken predominantly in the interest of the cargo, or caused by fire or explosion on board the ship,
2.
The carrier's liability is limited due to loss or damage to higher than the amounts provided for in § 504.

Third party Subtitles
Carriage Documents

Non-official table of contents

§ 513 Claim to issue of a bill of lading

(1) The In the case of a freight contract, a freighter has to issue an order connossement to the shipper at the request of the shipper at the request of the shipper, which shall, at the discretion of the defendant, be sent to the order, to the order of the recipient, or to the order of the order. In the latter case, the order shall be understood under the Order of the Ablader. The master and any other to the drawing of connoses for the shipowner shall be entitled to issue the connossement for the shipowner.(2) A loaders shall be responsible for the transfer of the goods to the freight carrier and designated by the respondent as a loader for registration in the connossement. If a person other than the loader passes the goods or is not named a loader, the charterer is considered to be a deloader. Non-official table of contents

§ 514 Board and take-over connossement

(1) The connossement is to be issued as soon as the freighter takes over the property . By means of the connossement, the carrier confirms the reception of the goods and undertakes to transport it to the place of destination and to deliver it to the person entitled from the connossement against the return of the connossement.(2) If the goods have been taken on board, the carrier shall issue the connossement with the indication of when and in which ship the good was taken on board (board connossement). If a connossement has been issued prior to the date when the good was taken on board (acceptance account), the shipper shall, at the request of the defendant in the connossement, record when and in which ship the good on board (3) The connossement shall be issued in the number of original copies requested by the shipper. Non-official table of contents

§ 515 Contents of the bill of lading

(1) The connossement should contain the following information:
1.
Location and day of the exhibition,
2.
Abladers name and address,
3.
ship name,
4.
Name and Address of the freighter,
5.
Abladung port and destination,
6.
Name and address of the recipient and a possible reporting address,
7.
Type of the good and its external discernible constitution and condition,
8.
measure, number or weight of the good, and durable and legible mark,
9.
the cargo owed upon delivery, costs incurred up to delivery as well as a note on the freight payment,
10.
Number of copies.
(2) The particulars referred to in paragraphs 7 and 8 of paragraph 1 shall be included at the request of the offender in such a way as to give them to the carrier prior to the acquisition of the goods in question. Text form has been communicated. Non-official table of contents

§ 516 Form of the bill of lading.

(1) The connossement shall be signed by the freighter; a replica of the personal signature by printing or stamp shall suffice.(2) An electronic record, which fulfils the same functions as the connossement, is equivalent to the connossement, provided that it is ensured that the authenticity and integrity of the recording are preserved (electronic Konnossement). (3) The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of the Interior, by means of a regulation which does not require the approval of the Federal Council, the details of the exhibition, To regulate the presentation, return and transfer of an electronic bill of lading as well as the details of the procedure for subsequent registration in an electronic connossement. Non-official table of contents

§ 517 Connossements of the bill of lading

(1) The connossement justifies the presumption that the freighter is the good , as described in Section 515 (1) (7) and (8). If the description refers to the contents of a closed loading means, the connossement shall, however, only justify the presumption after sentence 1 if the contents are checked by the counterparty and the result of the review is entered in the connossement. has been made. If the connossement does not contain an indication of the externally discernible constitution or condition of the good, the connossement shall justify the presumption that the freighter takes over the good in the externally recognisable good condition and condition .(2) The connossement shall not justify the presumption in accordance with paragraph 1, insofar as the carrier has entered a reservation in the connossement. From the reservation, it must result,
1.
in which constitution the good upon its acquisition by the If it was a freighter, or how the good was obtained when it was acquired,
2.
which is incorrect in the connossement, and what the correct claim is,
3.
what reason the freighter had to assume that the specification is incorrect, or
4.
why the Shipper did not have an adequate opportunity to verify the claim.
Non-official table of contents

§ 518 Position of the shipowner at Misstatement:

In a connossement issued by the master or by another to the drawing of connoses for the shipowner, the shipper is not indicated or is in that connossement as The shipowner shall be entitled and obliged to the shipowner in place of the shipowner's connossement, if a person is not the carrier. Non-official table of contents

§ 519 Permission from the connossement. Legitimation

The contractual claims securitised in the connossement can only be asserted by the beneficiary of the connossement. In favour of the legitimate owner of the bill of lading, it is presumed that he is the beneficiary of the bill of lading. The legitimate owner of the connossement is who owns a connossement, which is
1.
on the owner
2.
is an order and names the owner as a recipient, or has an uninterrupted series of indossaments, or
3.
on the name of the owner.
unofficial table of contents

§ 520 Compliance with instructions

(1) If a connossement is issued, the right of disposal in accordance with § § 491 and 492 shall only be granted to the legitimate owner of the bill of lading. The freighter shall execute instructions only on presentation of all copies of the bill of lading. However, the carrier may not execute instructions from a legitimate owner of the bill of lading, if it is known to him or is unknown as a result of gross negligence that the legitimate owner of the bill of lading is not the one from the connossement Authorized.(2) In accordance with the instructions of the connossement, without having to submit all the copies of the bill of lading, he shall be liable to the person entitled from the connossement for the damage resulting from it. The liability is limited to the amount that would be payable in case of loss of good. Non-official table of contents

§ 521 Abdelivery against return of the bill of lading

(1) After arrival of the good at the extinguishing site, the legitimate owner of the connossement shall be entitled to demand the delivery of the good from the carrier. If the legitimate owner of the bill makes use of this right, he is obliged to pay the freight and any other remuneration in accordance with § 494 (2) and (3).(2) The carrier shall be obliged to deliver the goods only against the return of the bill of lading on which the delivery is certified and against the performance of the outstanding payments due pursuant to section 494 (2) and (3). However, he may not deliver the goods to the legitimate owner of the bill of lading if he is known or is unknown as a result of gross negligence that the legitimate owner of the bill of lading is not the person entitled to the connossement.(3) If several copies of the bill of lading are issued, the good is to be delivered to the legitimated owner only in one copy of the bill of lading. If a number of legitimate owners are registered, the carrier shall deposit the goods in a public warehouse or otherwise in a safe manner and the owners who have declared themselves shall be informed thereof, stating the reasons for their proceedings. Notify me. In such a case, the carrier may sell the goods in accordance with § 373 (2) to (4) if the goods are perishable or if the condition of the goods justifies such a measure or if the costs to be otherwise expected do not apply in any case to any other person. appropriate relationship to the value of the good.(4) In the case of the second sentence of the second sentence of paragraph 2, the carrier shall supply the goods to a person other than the legitimate owner of the bill of lading or, in the case of the second sentence of paragraph 2, to a person other than that of the connossement, he shall be liable for the damage resulting from the connossement. Justifiable from it. The liability is limited to the amount that would be payable in case of loss of good. Non-official table of contents

§ 522 objections

(1) The connossement can only oppose such objections to the connossement of the connossement, concerning the validity of the declarations in the connossement or arising out of the contents of the bill of lading or directly to the connossement of the connossement to the person entitled to the bill of connossement. An agreement to which only reference is made in the connossement is not the contents of the bill of lading.(2) In relation to a recipient named in the connossement to which the connossement has been issued, the carrier may not object to the suspicions according to § 517 unless the recipient was known at the time of the connossement of the connossement, or as a result of gross negligence, it is unknown that the information in the connossement is incorrect. The same shall apply to a third party to whom the connossement has been transferred.(3) If an exporting carrier is used in accordance with § 509 of that of the connossement, the executing carrier may also invoke the objection referred to in paragraph 1. By way of derogation from paragraph 2, the exporting convoy may, moreover, dispel the suspicions according to § 517 if the connossement has not been issued either by him or by any of the connotations of the connosant. Unofficial table of contents

§ 523 Liability for incorrect connotations of connoses

(1) The freighter is liable for the damage that is caused by the connossement Justified by the fact that the information and reservations to be included in the connossement in accordance with § § 515 and 517 (2) are missing or the information or reservations recorded in the connossement are incorrect. This applies in particular if the goods were not in an externally recognizable good condition when the goods were taken over by the freighter and the connossement of this did not contain an indication in accordance with § 515 (1) (7) or a reservation in accordance with § 517 (2). The liability according to sentences 1 and 2 shall not apply if the freighter has neither known nor should have known that the data are missing or incorrect or incomplete if the diligence of a regular freighter has been applied.(2) If an onboard connossement is issued before the carrier has taken over the good, or if an onboard note is included in the takeover connossement before the good has been taken on board, the freighter is liable even if no fault for the damage resulting from the connossement of the connossement.(3) If in a connossement issued by the master or by another to the drawing of connoses for the shipowner, the name of the shipper is not properly stated, the shipowner shall also be liable for the damage which is the result of the connossement. Konnossement justified from the incorrectness of the claim. The liability in accordance with the first sentence shall be deleted if the exhibitor of the bill of lading has neither known nor had to have known that the name of the convoy has not been stated or is not correctly stated when applying the diligence of a regular carrier.(4) The liability referred to in paragraphs 1 to 3 shall be limited to the amount which would be payable in the event of loss of good. Non-official table of contents

§ 524 Traditional effect of the bill of lading

The connossement of the connossement to the recipient named therein, provided that the In order to acquire rights in the goods, the goods have the same effects as the transfer of the good. The same applies to the transfer of the bill of lading to third parties. Unofficial table of contents

§ 525 Differing provision in the connossement

A provision in the connossement that is subject to the liability regulations in the § § § § § § § 525 498 to 511 or in § 520 (2), § 521 (4) or § 523, is only effective if the requirements of § 512 are fulfilled. However, the carrier may not be entitled to a provision in the connossement, which deviates from the liability rules referred to in the first sentence, to the detriment of the person entitled to the connossement, in relation to a recipient named in the connossement, to whom the Konnossement has been issued, as well as to a third party to whom the connossement has been transferred. Sentence 2 shall not apply to a provision in accordance with Section 512 (2) (1). Non-official table of contents

§ 526 Seefrachtbrief.

(1) The freighter may, unless he has issued a connossement, issue a Seefrachtbrief. Section 515 shall apply mutagentily to the contents of the sea freight letter, subject to the condition that the respondent shall be replaced by the defendant.(2) The Seefrachtbrief serves as proof of the conclusion and content of the cargo cargo contract as well as for the transfer of the goods by the freighter until proof of the contrary. § 517 shall apply accordingly.(3) The sea freight letter shall be signed by the freighter; a replica of the personal signature by printing or stamp shall suffice.(4) The Seefrachtbrief is an electronic record which fulfils the same functions as the sea freight letter, provided that it is ensured that the authenticity and integrity of the record are preserved (electronic Seefrachtbrief). The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of the Interior, by decree law which does not require the consent of the Federal Council, the details of the exhibition and the presentation of an electronic sea freight letter as well as the details of the procedure for subsequent entries in an electronic sea freight letter.

Second title
Travel Freight contract

unofficial table of contents

§ 527 travel cargo contract

(1) The travel freight contract will require the carrier to use the goods with to transport to the place of destination on one or more specific journeys by sea, in whole, with a proportionate part of a given ship or in a designated space of such a ship, and to the place where the vessel is located, To deliver the receiver. Each party may request the written assessment of the travel contract.(2) § § 481 to 511 and 513 to 525 shall apply mutas to the travel contract, unless the provisions of § § 528 to 535 determine otherwise. unofficial table of contents

§ 528 loading port. Loading place

(1) The carrier has to add the ship to the loading area designated in the travel cargo contract or to be designated by the respondent after the conclusion of the travel cargo contract.(2) Where a loading port or a loading space is not designated in the travel freight contract and the respondent has to designate the port of loading or loading place after the conclusion of the travel contract, he/she shall take the care necessary to ensure a safe loading port or Select the load space. unofficial table of contents

§ 529 Display of load readiness

(1) The freighter is ready to be loaded as soon as the ship is ready to take the good. is to show the respondent's readiness to load. If the charterer has yet to name the loading space, the freighter can already indicate the load readiness if the ship has reached the loading port.(2) The readiness to load must be displayed during the normal business hours at the loading station. If the readiness to load is displayed outside of the usual business hours, the advertisement shall be deemed to have been received at the beginning of the usual business hour following it. Non-official table of contents

§ 530 Load time. Overtime

(1) The day following the display begins the load time.(2) No special remuneration may be required for the loading time, unless otherwise agreed.(3) In the event of a contractual agreement or for reasons beyond his/her risk range, the carrier warts beyond the time of loading (overtime), he shall be entitled to an appropriate remuneration (recumberation fee). If the consignee asserts his right in accordance with § 494 (1) sentence 1 upon arrival of the ship at the extinguishing site, he shall also owe the berth if the amount due has been communicated to him on delivery of the goods.(4) The loading time and the overtime period shall be determined in the absence of a deviating agreement in accordance with a time-limit appropriate to the circumstances of the case. In the calculation of the loading and transfer time, the days are counted in continuous order, including Sundays and holidays. It is not possible to use the time when loading the goods is impossible for reasons which are attributable to the risk area of the conquers. A non-official table of contents

§ 531 Loading

(1) If the circumstances or the traffic site do not result in something else, the respondent has the Good to charge. The responsibility of the freighter for the seaworthiness of the loaded ship shall remain unaffected.(2) The carrier is not authorized to recharge the goods. Unofficial table of contents

§ 532 Termination by the interrogator

(1) The respondent can cancel the travel freight contract at any time.(2) If the respondent dismises, the freighter may, if he asserts a claim in accordance with section 489 (2) sentence 1, point 1, also require a possible reclining fee. unofficial table of contents

§ 533 partial transport

(1) The respondent can request at any time that the freighter is only one part of the good transport. If the respondent makes use of this right, the freighter charges the full cargo, the possible reclining fee, as well as the reimbursement of expenses incurred by the absence of a part of the good. If, according to the voyage contract, the carrier is entitled to carry other good with the same ship instead of the non-loaded cargo, and makes use of that right, the cargo for the carriage shall be from the full cargo of this other good. Moreover, in so far as the freighter escapes the safety of the full cargo due to the absence of a part of the good, it may also require other security. If the transport of the complete cargo is not carried out for reasons attributable to the risk area of the convoy, the carrier shall be entitled to the sentences 2 to 4 only to the extent that good is actually carried.(2) If the respondent does not or does not completely charge the goods within the loading period and an agreed time of delivery, or if the cargo is not charged to the charterer, is not charged or is not completely unloaded within this period of time, so the respondent may set a reasonable time limit within which the goods are to be loaded or unloaded. If the goods are only partially loaded or unloaded by the end of the period, the freight forwarder can transport the freight items already loaded or rejected and claim the claims in accordance with the second sentence of paragraph 1. Section 490 (4) shall apply accordingly. Non-official table of contents

§ 534 Termination by the freighter

(1) Loads of the charterers no good within the loading time and an agreed upon If the charterer is not responsible for the loading, or if no good is charged during this period, the carrier may terminate the contract in accordance with § 490 and the claims in accordance with § 489 (2) in conjunction with § 532 (2) apply.(2) The freighter may terminate the contract before the expiry of the loading period and an agreed transfer time in accordance with § 490, if it is obvious that the goods will not be loaded or unloaded. Non-official table of contents

§ 535 Delete

(1) § § 528 to 531 on charging port and charging station, display of load readiness, loading time and loading are to be applied to the fire-extinguishing port and the fire-place, to the display of the delete-readiness, erasure time and However, by way of derogation from the second sentence of Article 530 (3), the recipient shall also be liable for lounging money for exceeding the extinguishing period if the amount due has not been communicated to the recipient upon delivery of the goods.(2) If the recipient is unknown to the carrier, the display of the deletion readiness shall be effected by public announcement in a customary manner.

Second subsection
Passenger Transport Contracts

Non-official table of contents

§ 536 Scope

(1) For damage caused by the transport of Passengers and their luggage by sea through the death or bodily injury of a passenger or the loss, damage or delayed delivery of luggage shall be liable to the carrier and to the performing carrier in accordance with the Provisions of this Subsection. The right to enforce a limitation of liability in accordance with § § 611 to 617 or § § 4 to 5m of the Inland Waterway Act remains unaffected.(2) The provisions of this Subsection shall not apply to the extent that the following rules are applicable:
1.
directly applicable regulations of the European Union as amended, and in particular Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23. April 2009 on the liability of carriers of passengers by sea in the event of an accident (OJ L 327, 28.5. 24), or
2.
directly applicable regulations in international agreements.
The liability provisions of this subsection apply in addition, if the damage is based on a nuclear event originating from a nuclear installation and the holder of the nuclear installation is based on the provisions of the Convention of 29. July 1960 on the liability to third parties in the field of nuclear energy in the version of the notice of 5. February 1976 (BGBl. 310, 311) and of the Protocol of 16. November 1982 (BGBl. 690) or of the Atomic Energy Act (Atomic Energy Act). Non-official table of contents

§ 537 Definitions

For the purposes of this subsection,
1.
a carrier is a person who has a contract for the carriage of a passenger over sea (passenger transport contract) closes;
2.
a passenger a person who
a)
promoted due to a passenger transport contract or
b)
with the carrier's consent A vehicle or live animals transported under a sea freight contract
3.
Baggage of each item, which is based on a passenger transport contract, except live animals;
4.
cabin luggage, the baggage of a passenger in his or her cabin or otherwise in his possession, including the baggage that a passenger has in or on his vehicle;
5.
a shipping event a shipwreck, a kentern, a clash or a A ship's stranding, an explosion or a fire in the ship or a shortage of the ship;
6.
a defect of the ship a malfunction, a failure or a failure Failure to comply with applicable safety rules in respect of part of the ship or its equipment if this part or equipment is used
a)
to leave the ship, to evacuate, or to ship the Passengers,
b)
for the propulsion of the ship, the rowing system, the safe navigation, the anchorage, the anchorage, the starting or leaving of the berth or anchorage or the leak protection after water break or
c)
for the release of rescue equipment.
Non-official table of contents

§ 538 Liability of the carrier for personal injury

(1) The carrier is liable for the damage caused by the death or bodily injury of a passenger, if the event causing the damage occurred during transport and is based on a fault on the part of the carrier. If the event causing the damage is a shipping event, the fault is presumed.(2) By way of derogation from paragraph 1, the carrier shall be liable without fault for the damage caused by the death or bodily injury of a passenger on the basis of a shipping event during the carriage, to the extent that the damage is the amount of 250 000 units of account do not exceed. However, the carrier shall be exempted from this liability if the event
1.
as a result of hostilities, an act of war, civil war, insurrection, or an extraordinary, inevitable and inevitable natural event, or
2.
exclusively caused by an act or omission committed by a third party with the intent to cause the event.
(3) The promotion in the For the purposes of paragraphs 1 and 2,
1.
shall include the period during which the passenger onboard the ship , including the period in which it will be in and out, and
2.
the period during which the passenger on the waterway from the country to the ship or Vice versa, if the cost of such transport is included in the transport charge or if the water vehicle used for this additional carriage has been made available to the passenger by the carrier.
is the period during which the passenger is in a port station, on a quay, or in or on another port facility. Non-tampering table of contents

§ 539 Liability of the carrier for baggage and delay damage

(1) The carrier is liable for the damage caused by Loss of, or damage to, cabin luggage or other luggage occurs if the event causing the damage occurred during the carriage and is based on a fault of the carrier. In the event of loss of or damage to cabin baggage due to a shipping event and loss of or damage to other luggage, the fault shall be presumed.(2) The carrier shall also be liable in accordance with paragraph 1 for the damage resulting from the fact that the luggage does not reach the passenger within a reasonable period of time after the arrival of the ship on which the luggage has been or would have been carried to be handed out again. However, the liability shall be excluded if the delayed delivery is due to work disputes.(3) By way of derogation from paragraphs 1 and 2, the carrier shall not be liable for the damage caused by loss, damage or delayed delivery of money, negotiable securities, gold, silver, jewels, jewellery, art objects or other valuables. , unless such valuables have been deposited with the carrier for safe storage.(4) The transport referred to in paragraph 1 shall include the following periods:
1.
with regard to cabin baggage with the exception of the baggage the passenger has in or on his vehicle,
a)
the period in which the passenger is the cabin baggage is on board the ship, including the period in which the cabin baggage is in and out of the ship,
b)
the period during which the cabin baggage is to be delivered and the cabin baggage is on board the ship; Cabin baggage on the waterway from the land to the ship or vice versa, if the cost of such carriage is included in the transport price or if the watercraft used for this additional transport is the passenger of the Carrier has been provided, as well as
c)
the period during which the passenger is in a port station, on a quay, or in or on another port facility, if the cabin baggage has been taken over by the carrier or its staff or agent and not returned to the passenger;
2.
with regard to other luggage other than the cabin baggage mentioned in paragraph 1, the period from the transfer by the carrier on shore or on board until the resurrection.
Non-official table of contents

§ 540 Liability for others

The carrier has a fault of its people and of the ship's crew to the same extent represented, like their own fault, when the people and the ship's crew act in the exercise of their own directions. The same shall apply to the fault of other persons who are served in the execution of the carriage. Non-official table of contents

§ 541 Liability limit for personal injury

(1) The carrier's liability for death or personal injury of a In any case, passenger shall be limited to 400 000 units of account per passenger and for loss of life. This shall also apply to the capital value of a pension to be paid as compensation.(2) By way of derogation from paragraph 1, the liability of the carrier shall be limited to a sum of 250 000 units of account per passenger and damage event if the death or bodily injury is based on one of the following circumstances: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
War, civil war, revolution, uproar, insurrection, or caused internal unrest, or
2.
seizure, seizure, arrest, restriction or detention, as well as their consequences, or
3.
Mines left behind, torpedoes, bombs, or other abandoned weapons of war,
4.
Attacks by terrorists or persons who commit the attacks willingly or for political reasons, and measures designed to prevent or combat such attacks
5.
confiscation and expropriation.
(3) In the event of death or bodily injury of several passengers, the application of paragraph 2 to the place of the passenger shall be replaced by the following: the amount of 250 000 units of account per passenger and damage event shall be the sum of 340 million units of account per ship and damage event, if that amount is lower and among the injured parties in proportion to the amount of their units. Claims and in the form of a one-time payment or in the form of partial payments. Non-tampering table of contents

§ 542 Maximum liability for baggage and delay damage

(1) The carrier's liability for loss, damage or late delivery of cabin baggage shall be limited to an amount of 2 250 units of account per passenger and carriage, provided that paragraph 2 does not specify any other derogation.(2) The liability of the carrier for loss, damage or delayed delivery of vehicles, including luggage transported in or on the vehicle, shall be based on an amount of 12 700 units of account per vehicle and per transport is limited.3. The liability of the carrier for loss, damage or delayed delivery to all luggage other than the baggage referred to in paragraphs 1 and 2 shall be limited to an amount of 3 375 units of account per passenger and per carriage.(4) Insofar as valuables are not affected, which are deposited with the carrier for safe storage, the carrier and the passenger may agree that the carrier does not have to reimburse part of the damage. However, in the event of damage to a vehicle, this part shall not exceed the amount of 330 units of account and, in the event of loss, damage or late delivery, other luggage shall not exceed the amount of 149 units of account.(5) By way of derogation from paragraphs 1 to 4, in the event of loss of or damage to mobility equipment or other special equipment used by a passenger with reduced mobility, the carrier has the replacement value of the relevant Replace equipment or, where appropriate, repair costs. Non-official table of contents

§ 543 Interest and procedural costs

Interest and procedural costs are above those specified in § § 538, 541 and 542. to reimburse the maximum amounts of liability. Non-official table of contents

§ 544 Invoice unit

The unit of account referred to in § § 538, 541, and 542 is the special drawing right of the International Monetary Fund. The amount shall be converted into euro in accordance with the value of the euro in relation to the special drawing right on the day of the judgment or on the day agreed by the parties. The value of the euro in relation to the Special Drawing Right shall be determined by the calculation method used by the International Monetary Fund on the day in question for its operations and transactions. Non-official table of contents

§ 545 Disclaimer Disclaimer

The one provided for in § § 541 and 542 as well as in the Passenger Transport Contract The maximum amounts of liability shall not apply if the damage is due to an act or omission which has been committed by the carrier itself either with the intention of causing such damage, or recklessly and in the consciousness, that such damage would be likely to happen. Non-official table of contents

§ 546 Exporter

(1) If the carriage is carried out in whole or in part by a third party, who does not Carrier, the third party (performing carrier) shall be liable for the damage caused by the death or bodily injury of a passenger or by loss, damage or delay of the baggage of a passenger during the in the case of transport carried out, as if it were the carrier. Contractual agreements, by which the carrier extends its liability, shall act against the performing carrier only insofar as he has agreed to them in writing.(2) The executing carrier may claim all objections and objections to the carrier from the contract for the carriage of persons.(3) The carrier and the performing carrier shall be liable as the total debtor. Non-official table of contents

§ 547 Liability of the people and the ship's crew

(1) Will be one of the people of the carrier or the performer In the event of a carrier's death or bodily injury or loss, damage or delayed delivery of baggage of a passenger, he may also refer to the carrier or the performing carrier , when acting in the exercise of his or her own merits, the objections and limitations of liability shall be invoked. The same shall apply if a member of the ship's crew is taken up.(2) An appeal to the limitations of liability referred to in paragraph 1 shall be ruled out if the debtor himself has acted intentionally or recklessly and in the knowledge that such damage will likely occur.(3) If the carrier or the performing carrier as well as one of the persons referred to in paragraph 1 are responsible for the damage, they shall be liable as the total debtor. Non-official table of contents

§ 548 Concurrisive claims

Claims for death or bodily injury of a passenger or for loss, damage or late delivery of luggage can only be asserted against the carrier or the performing carrier on the basis of the provisions of this Subsection. Unofficial Table Of Contents

§ 549 Claim Display

(1) The passenger does not show the carrier damage or loss of his luggage. in time, it shall be presumed that he has received the baggage undamaged. However, an indication shall not be required if the condition of the luggage has been jointly ascertained or tested by the parties at the time of receipt of the baggage.(2) The advertisement shall be timely, if it is refunded at the latest at the following time:
1.
at Damage to cabin luggage which can be discernible from the outside at the time of disembing of the passenger,
2.
in case of external discernable damage to luggage other than that of the passenger. Cabin baggage at the time of its delivery and
3.
in the event of damage to or loss of luggage, which cannot be discernible 15 days after the date of disembing or Handing out or after the time when the handout should have been made.
(3) The claim indicator requires the text form. In order to meet the deadline, it is sufficient to send it on time. unofficial table of contents

§ 550 Ererase of claims for damages

A claim for damages due to death or bodily injury of a passenger or because of loss, damage or delayed delivery of luggage, if it is not brought to court within one of the following periods:
1.
three years, calculated from the day the creditor is from death or bodily injury or from is aware of the loss, damage or belated handout, or should normally have been obtained, or
2.
five years, calculated from the date of the day, where the passenger has been disembed or should have taken place, whichever is the later.
Table of contents

§ 551 Differing agreements

Unless otherwise specified in Section 542 (4), any agreement that is made prior to the occurrence of the event that will result in the death or bodily injury shall be ineffectable. Passenger or loss, damage or delayed delivery of his or her luggage, and by means of which the liability for death or personal injury of the passenger or for loss, damage or delayed delivery of his or her luggage has been caused. Luggage excluded or restricted. Non-official table of contents

§ 552 Pfandrecht of the carrier

(1) The carrier has a lien in respect of his claim to the transport fee. the baggage of the passenger.(2) The lien shall only consist of as long as the baggage is retained or deposited.

Third Section
Ships Agreements

First Subsection
ship rental

unofficial table of contents

§ § 553 to 554 ----

unofficial table of contents

§ 553 ship rental contract

(1) The rental agreement (bareboat charter) requires the landlord to have a certain seagoing ship without crew and to grant him the use of this ship during the rental period.(2) The renter shall be obliged to pay the agreed rent. The rent is due to be paid half-monthly in the absence of any other agreement.(3) The provisions of this Subsection shall apply if the renter concludes the contract to operate the ship for the purpose of obtaining the ship by sea. If the lessee does not operate a trading business within the meaning of Article 1 (2) and if his company is not entered in the commercial register in accordance with § 2, the provisions of the first section of the fourth shall also be provided for in the appearance of the ship rental contract. In addition, this does not apply to § § 348 to 350. Non-official table of contents

§ 554 Submission and return of the ship. Maintenance

(1) The landlord has to hand over the ship to the tenant at the agreed time at the agreed time in a condition suitable for use in accordance with the contract.(2) The lessee has to be given the ship during the rental period in a condition suitable for use in accordance with the contract. Upon termination of the tenancy, he shall be obliged to return the ship in the same condition, taking into account the use of the ship as a result of contractual use. Non-official table of contents

§ 555 Securing of the rights of the landlord

The lessee has the rights of the landlord to third parties for the landlord Secure. Unofficial table of contents

§ 556 Termination

An indefinite rental relationship can be made at the latest on the first working day of a week. The end of the following Sunday evening will be terminated. If the rent is after months or longer periods of time, the regular termination is allowed at the end of a calendar quarter year.

Second Subsection
Time Charter

Non-official table of contents

§ 557 time charter contract

(1) The time charter agreement commits the time charterer to the time charterer the use of which a certain seagoing ship with crew is to be handed over to time and to carry goods or persons with that ship or to provide other agreed services.(2) The time charterer shall be obliged to pay the agreed time freight.(3) The provisions of this Subsection shall apply if the time charterer concludes the contract to operate the ship for the purpose of obtaining the ship by sea. If the time charterer does not operate a trading business within the meaning of Article 1 (2) and if his company is not entered in the commercial register in accordance with § 2, the provisions of the First Section of the Time Charter Treaty shall also be provided in this respect in the light of the provisions of the first section of the The fourth book shall be applied in addition; however, this shall not apply to § § 348 to 350. Non-Official Table Of Contents

§ 558 Judgment

Any party to the time charter contract may require the written certification of this contract. Non-official table of contents

§ 559 Provision of the ship

(1) The ship is the time charterer at the agreed time at the agreed location in a condition to be used in accordance with the contract.(2) If it is agreed that the ship should be made available at a specified date or within a specified period, the time charterer may withdraw from the contract without a time limit if the agreement is not fulfilled or it is obvious that it will not be fulfilled. Non-official table of contents

§ 560 Maintenance of the ship status of the ship

The time charterer has the ship during the duration of the To obtain a time charter contract in a condition suitable for the contractual use. In particular, it has to ensure that the ship is seaworthy and, if the ship is used for the carriage of goods, it is capable of being charged. Non-official table of contents

§ 561 Usage of the ship

(1) The time charterer determines the use of the ship. He is obliged to choose, with due diligence, a safe harbor or berth, if he instruct the time charterer to start a particular port or berth.(2) The time charterer is responsible for the management and the other operation of the ship.(3) The time charterer shall be entitled to charter the ship to a third party. Non-official table of contents

§ 562 disclosure requirements

Time charterer and time charterer are obligated to communicate to each other through all of the ship and to inform the travelling circumstances of importance. Non-official table of contents

§ 563 Loading and Delete

(1) The time charterer has, if the ship is used for the carriage of goods, to be loaded and deleted.(2) The time charterer shall ensure that the loading does not affect the seaworthiness of the ship. Non-official table of contents

§ 564 Costs for the operation of the ship

(1) The time charterer has to bear the fixed costs of the ship's operation, in particular, the costs of the crew, equipment, maintenance and insurance of the ship.(2) The time charterer shall bear the variable costs of the operation of the ship, in particular port fees, pilotage funds, tug aids and premiums for further insurance of the ship. The time charterer shall also procure the fuel required for the operation of the ship in a commercially available quality. Non-official table of contents

§ 565 Time Freight

(1) The time freight is due to be paid in advance of a half-monthly period due to the lack of any other agreement.(2) The obligation to pay the time cargo shall not be required for the period during which the ship is not, as a result of defects or other circumstances attributable to the risk area of the time charterer, to the time charterer for use in accordance with the contract. Available. If the use of the ship in accordance with the contract is reduced, a reasonably condescending time freight must be paid. Non-official table of contents

§ 566 Pfandrecht des Zeitvercharterers

(1) The time charterer has received a request from the time charter contract for his claims. Right of care to the goods on board the ship, including the fuel, to the extent that such property is the property of the time charter. § § 932, 934 and 935 of the Civil Code, which are in force for the good faith acquisition of the property, are not to be applied.(2) The time charterer also has, for his claims under the time charter contract, a lien on the requests of the time charterer from the freight and subcontract charter contracts concluded with the vessel. The debtor of the claim, as soon as he is aware of the lien, can only afford to pay the time charterer. However, he is entitled to deposit, as long as the time charterer does not display the lien on the right.(3) By way of derogation from paragraphs 1 and 2, the time charterer shall not have a lien on future claims for compensation as well as for non-due claims on time fraying. Non-official table of contents

§ 567 breach of duty

If a party to the time charter contract is bound by a duty under this contract, then it is determined that: the legal consequences of the general provisions of the Civil Code applicable to debt, unless otherwise specified in this subsection. Non-official table of contents

§ 568 Right of retention

The time charterer can take care of the benefits he has received, including taking Good and the exhibition of connoses, refuse, as long as the time charterer does not meet a due claim on time freight. Non-official table of contents

§ 569 Return of the ship

(1) Upon termination of the contractual relationship, the time charterer has agreed to the ship at the agreed time. Place to return.(2) Where the contractual relationship is terminated by extraordinary termination, the time charterer shall, by way of derogation from paragraph 1, return the ship where it is located at the time when the termination takes effect. However, the party which has to represent the reason for the extraordinary termination shall replace the other party with the damage caused by the premature termination of the contractual relationship.

Fourth
Ship Emergency Units

First Subsection
shipwreg

unofficial table of contents

§ 570 damages liability

In the event of a seagoing collision, the ship's shipowner responsible for the collision is liable for the damage, which was caused by the collision with the other vessel and the persons and property on board the ships. However, the replacement obligation shall only occur if the shipowner of that ship or a person referred to in § 480 is guilty of a fault. Non-official table of contents

§ 571 Contributor

(1) If the shipowners of several vessels involved in the collision are obliged to pay compensation, the the volume of the replacement to be provided by a shipowner shall be determined by the ratio of the seriousness of his or her debt to that of the other shipowners. If such a relationship cannot be fixed, the shipowners shall be liable to the same extent.By way of derogation from paragraph 1, the shipowners of several vessels involved in the collision shall be liable, as a total debtor, for the damage caused by the death or bodily injury of a person on board. In proportion to each other, the shipowners shall be obliged to do so in accordance with paragraph 1. Unofficial table of contents

§ 572 remote damage

Inserts a ship by executing or omission of a maneuver or by failing to comply with a § § 570 and 571 are to be applied accordingly, without the collision of any other ship or the person or property on board of the ships, without the collision of a collision. Non-official table of contents

§ 573 Involvement of an inland waterway ship

The provisions of this subsection shall apply accordingly if: Accident an inland vessel is involved.

Second Subsection
Bergung

Non-official Table of Contents

§ 574 obligations of the Bergers and other persons

(1) Berger is who provides assistance to the following ships or property:
1.
a marine or inland waterway or other asset in danger of marine waters,
2.
a seagoing ship in danger in inland waters or
3.
one in inland waters in danger (
)
vessel referred to in paragraph 1 shall also be considered to be a floating device or a floating structure. The property referred to in paragraph 1 shall also be subject to a risk to freight. By contrast, not as a ship or asset within the meaning of paragraph 1,
1.
shall apply for a period of time and Intentionally, on the coast or on the shore, as well as
2.
a fixed or floating platform or a mobile drilling device located upstream of the coast, which is for the exploration, exploitation or extraction of mineral resources of the seabed on site.
(3) The Berger is in relation to the owners of the ship and the other assets to which it provides assistance, shall undertake to perform the performance with due diligence, to ask other Berger for assistance, if circumstances so require reasonable consideration, and to accept the intervention of other Berger, if from the Schiffer or the master or the owner of the ship in danger or the owner of the other property in danger is reasonably requested to do so.(4) The owner and the skipper or the master of a ship in danger as well as the owner of any other property in danger shall be obliged to take part in the salvage operations with the Berger during the recovery operations in to work together in every respect. Where the ship or any other property has been brought into safety, the persons referred to in the first sentence shall also, on a reasonable request from the Berger, also be obliged to withdraw the ship or other property. Non-official table of contents

§ 575 Prevention or limitation of environmental damage

(1) The Berger is in danger from the owner of the The ship, as well as the owner of any other property in danger, shall, during the salvage operations, apply the necessary diligence to prevent or limit the damage to the environment. The same obligation shall be made by the owner and the skipper or the master of the ship in danger, as well as the owner of any other asset in danger with regard to the Berger. A deviating agreement is void.(2) Environmental damage is a significant physical injury to human health or to the fauna and flora of the sea or marine resources in coastal and inland waters or adjacent areas caused by pollution, contamination, Fire, explosion or similar serious events are caused. Non-official table of contents

§ 576 Bergelohnclaim

(1) If the salvage operations are successful, the Berger has a right to pay a Bergelohns. The claim shall also be made if both the recovered vessel and the ship from which the salvage operations were carried out belong to the same owner.(2) The Bergelohn also includes the replacement of the expenses which were made for the purpose of the mountain. The costs and fees of the authorities, customs duties and other charges, the costs of storage, the maintenance, the estimation and disposal of the objects recovered (salvage costs) are not included in the Bergelohn. (3) To pay for the salvage and the costs of salvage shall be of proportion to the owner of the ship and to the owners of the other recovered property in proportion to the value of the ship and the assets. Non-official table of contents

§ 577 Height of the Bergelohns

(1) Bergelohn is, if the parties have not agreed to its level, to determine that it is creates an incentive for salvage operations. At the same time, the following criteria shall be taken into account in determining the following criteria irrespective of the following order:
1.
the value of the recovered ship and other recovered assets;
2.
the property and the efforts of the Berger in preventing or limiting environmental damage (§ 575 (2));
3.
the extent of the Berger Success;
4.
The nature and relevance of the hazard;
5.
the expertise and efforts of the Bergers in relation to the salvage of the ship and other property as well as to the rescue of human life;
6.
the time spent by the Berger and the expenses and losses incurred by him;
7.
the liability or other hazard to which the Berger or his equipment was exposed;
8.
the inefficiency with which the services were provided;
9.
the availability and use of Ships or other equipment intended for salvage operations;
10.
the operational readiness and suitability of the equipment of the Berger; and
(2) The salvage without interest, salvage costs and reimbursable procedural costs shall not exceed the value of the recovered ship and other recovered assets. Non-official table of contents

§ 578 Special Remuneration

(1) The Berger has carried out salvage operations on a ship that, as such, or through its In the event of a risk to the environment, it may require the owner of the ship to pay a special remuneration, in so far as it exceeds the amount of the Bergelohn that is available to the Berger. The right to special remuneration shall also exist where the vessel recovered and the ship from which the salvage operations were carried out belong to the same owner.(2) The special remuneration shall be equal to the expenses incurred by Berger. For the purposes of the first sentence of sentence 1, the expenses reasonably spent in the recovery operations, as well as an appropriate amount for equipment and personnel, which have been used in practice and reasonably for the salvage operation, shall be: . In determining the appropriateness of the amount to be used for equipment and personnel, the criteria referred to in Article 577 (1), second sentence, points 8 to 10 shall be taken into account.(3) If the Berger has prevented or limited environmental damage (Section 575 (2)) by means of his salvage operations, the special remuneration to be fixed in accordance with paragraph 2 may be increased by up to 30 per cent. By way of derogation from the first sentence, the special remuneration may be increased by up to 100 per cent, taking into account the criteria set out in Article 577 (1), second sentence, if this appears to be fair and equitable. Non-official table of contents

§ 579 Exclusion of entitlement to remuneration

(1) Berger cannot be remunerated for the salvage operations carried out The provisions of this Subsection shall require, in so far as the measures do not go beyond what is reasonably considered to be the proper performance of a contract which has been entered into before the risk is entered into.(2) Furthermore, the Berger may not require any remuneration in accordance with the provisions of this Subsection if, contrary to the express and reasonable prohibition of the owner, the ship or the master of the ship or the owner of any other in danger, which is not on board the ship or has been carrying out salvage operations. unofficial table of contents

§ 580 misconduct of the Bergers

(1) Bergelohn can be reduced or completely failed if salvage operations has become necessary or more difficult due to the fault of the Berger, or if the Berger has been guilty of fraud or other unreputable conduct.(2) The special remuneration may be wholly or partly failed if one of the reasons referred to in paragraph 1 is available or if the Berger acted negligently and failed to prevent or limit environmental damage (§ 575 (2)). Non-official table of contents

§ 581 Compensation claim

(1) If a ship or its cargo is recovered in whole or in part from another ship, the ship or its cargo shall be recovered from another ship, the salvage or special remuneration shall be distributed between the shipowner or the shipowner, the skipper or the master and the other crew of the other vessel in such a way that the ship owner or shipowner shall first of all damage the ship and the ship ' s To be replaced by the rest of the shipowners or shipowners, two-thirds, the skipper or the captain and the rest of the crew in one-sixth.2. The amount to be paid to the crew, with the exception of the shipowner or the captain, shall be distributed, with particular reference to the factual and personal performance of each member of the crew. The distribution is carried out by the skipper or captain by means of a distribution plan. This shall be the fraction of the fraction of the fraction to be attributed to each party concerned. The distribution plan shall be announced before the end of the journey of the crew.Agreements which deviate from paragraphs 1 and 2 to the detriment of the shipowner or the master or the other crew are void.(4) Paragraphs 1 to 3 shall not apply where the salvage operations are carried out by a mountain or tug ship. Non-official table of contents

§ 582 Majority of Bergers

(1) If several Berger works on the rescue, each Berger can only share a share of the Ask for a bergelohn. In order to determine the ratio of the shares of Berger to the Bergelohn relative to each other, § 577 (1) shall apply accordingly; § 581 shall remain unaffected.2. However, by way of derogation from paragraph 1, a Berger Bergelohn may require a full amount of Bergelohn if he or she is in danger of intervening with the other Berger at the request of the owner of the ship in danger or of any other vessel. Assets have been accepted and the request proves to be unreasonable. Non-official table of contents

§ 583 rescue of people

(1) People who have been saved have neither a salvage nor a Special remuneration to be paid.By way of derogation from paragraph 1, the person taking action to save human life in the case of salvage operations may be affected by the Berger, who is responsible for the salvage of the ship or any other property or for the prevention or limitation of Environmental damage (§ 575 (2)) according to the provisions of this sub-section is entitled to remuneration, a fair share of the remuneration is required. If, for the reasons mentioned in § 580, the Berger is not entitled to or only a reduced remuneration, the right to an appropriate share of the remuneration in the amount of the amount by which the share diminished may be directly against the owners of the shall be applied in accordance with section 576 (3). Non-official table of contents

§ 584 Completion and content control of a salvage contract

(1) Both the owner and the skipper or captain of the ship in danger shall be entitled to conclude contracts for salvage operations on behalf of the owners of the assets on board the ship. The skipper or skipper of this ship shall also be entitled to conclude contracts for salvage operations on behalf of the ship owner.(2) The salvage contract or any of its provisions may be annulled or amended upon request by judgment, if
1.
the contract has been contracted as a result of inadmissible influence or under the influence of the hazard and its provisions are inaccurate or
2.
The contractually agreed remuneration is overly high or overly low relative to the services actually provided.
unofficial table of contents

§ 585 Pfandrecht. Right of retention

(1) The creditor shall have the rights of a ship's creditor to the recovered ship in accordance with Section 596 (1) (4) of a claim for salvage, on special remuneration or on salvage costs.(2) The creditor shall be entitled to a lien on the rest of the goods to be recovered and, if the creditor is the sole owner of the goods, also a right of retention.(3) The creditor shall not assert or exercise the lien and right of retention granted in accordance with paragraph 1 or 2,
1.
if sufficient security has been offered or delivered to him for his claim including interest and costs,
2.
insofar as the recovered ship or other born thing belongs to a state or, in the case of a ship, is operated by a state, and the ship or the other thing for non-commercial purposes and, at the time of the salvage operations, in accordance with the universally accepted principles of international law, shall enjoy state immunity,
3.
is a recovered cargo donated by a State for humanitarian purposes, provided that the State has agreed to pay the salvage services rendered in respect of this cargo.
Non-official table of contents

§ 586 Rank of the pledge rights

(1) Pfandrights to the recovered items according to § 585 (2) shall take precedence over all other pawn rights, even if they have been created earlier.(2) There are several pledge rights in one case pursuant to § 585 (2), the pledge for the later claim shall be based on the claim for the earlier claim; pledge rights for claims arising at the same time shall be equal; § 603 Paragraph 3 shall apply accordingly. The same shall apply in the ratio of a lien pursuant to § 585 (2) to a lien on the right to a claim for a contribution to the Great Haverei pursuant to Section 594 (1).(3) A year after the date of the creation of the claim, the rights of the borrowed objects pursuant to § 585 (2) shall be extinguish; § 600 (2) shall apply mutagenically.(4) The satisfaction of the creditor from the goods recovered on the basis of the lien in accordance with § 585 (2) shall be effected in accordance with the rules applicable to the enforcement of the enforcement order. The action shall be brought against the skipper or the master in matters which have not yet been delivered; the judgment handed down against the skipper or the master shall also be effective in relation to the owner. Non-official table of contents

§ 587 Security performance

(1) The Berger can apply for his claim for salvage or special remuneration including interest. and the costs of the debtor shall require the performance of a sufficient security. Sentence 1 shall not, however, apply where the salvage operations have been carried out for a ship owned or operated by a State for non-commercial purposes and at the time of the salvage operations, in accordance with the generally accepted principles of international law, state immunity enjoys.(2) Without prejudice to paragraph 1, the owner of the recovered vessel shall do its best to ensure that the owners of the cargo provide adequate security for the claims against them, including interest and costs, before the load is released.(3) The recovered ship and other recovered objects shall not be removed from the port or place without the consent of the Bergers without the consent of the Bergers without the consent of the Bergers after the recovery measures have been completed. have been reached.(4) In the event that the skipper or the master receives a cargo which is recovered in accordance with paragraph 3, he shall be liable for the damage caused to the Berger by his fault. This also applies if the skipper acted on the instructions of the ship owner or the master at the instructions of the shipowner.

Third subsection
Great Haverei

Non-official table of contents

§ 588 Errettung from joint risk

(1) If the ship, fuel, cargo, or several of these things are Rescuing from a common danger on the order of the captain intentionally damaged or sacrificed or, to this end, is made on the order of the captain's expenses (Great Haverei), the resulting damages shall be Expenses jointly borne by the parties concerned.(2) A participant shall be the person who owns the ship or owner of the fuel at the time of the hatred, or who bears the risk of a cargo or a freight request belonging to the cargo being subject to the cargo. Non-official table of contents

§ 589 Fault of a participant or a third party

(1) The application of the rules on the Great Haverei will be is not excluded by the risk of the fault of a participant or of a third party. The person involved in such a fault may, however, not be entitled to pay compensation because of the damage he has suffered.(2) Where the risk has been brought about by a fault of a party, the person concerned shall be obliged to compensate the person responsible for the damage suffered as a result of the damage and expenses resulting from the risk of salvation from the risk of damage to the environment. have been created, have to be carried out jointly. Non-official table of contents

§ 590 Measurement of the remuneration

(1) The remuneration for the deferment of the ship, its accessories, the fuel, and the freight items belonging to the cargo shall be measured according to the traffic value which the goods would have had at the place and at the time of the end of the journey.(2) Compensation for damage to the items referred to in paragraph 1 shall be measured according to the difference between the traffic value of the damaged goods at the place and the time of the termination of the journey and the traffic value which the goods are in undamaged. State in this place and at that time would have had. If things have been repaired after the hay case, it is presumed that the costs incurred for a repair of the goods correspond to the loss of value.(3) The remuneration for the demise of a freight request shall be calculated on the basis of the amount not due to the carrier as a result of the Great Haverei.(4) If the object which has been sacrificed or damaged was the subject of a contract of sale immediately before the commencement of the journey, it shall be presumed that the purchase price shown in the seller's invoice is the transport value of this item. Non-official table of contents

§ 591 Contribution

(1) The participants, with the exception of the ship's crew and the passengers, have to pay the remuneration. to make a contribution.(2) The contributions to the Great Haverei are calculated according to the value of the objects which were in common danger. The value of the ship, the fuel and the cargo belonging to the cargo shall be determined by the value of the transport value at the end of the journey, plus any compensation for damage or sacrifice of the goods in question in Grand Haverei. The value of a freight request shall be determined by the gross amount of the freight due at the end of the journey, plus any remuneration for a demise of the freight request on account of haemike measures. Non-official table of contents

§ 592 Distribution

(1) The amount of the compensation that a participant is entitled to because of the sacrifice or damage of a participant in accordance with § § § 592. 588 (2) and the amount of the contribution to be paid by a participant shall be determined on the basis of the ratio of the total remuneration to be paid to all the parties concerned, to the sum of all the parties concerned. to make a contribution. If a proportional loss of value determined in accordance with § 590 is above the proportion calculated in accordance with the first sentence, the party concerned by the loss of value shall be entitled to compensation in the amount of the difference. If a proportional loss of value according to § 590 is less than the proportion calculated in accordance with sentence 1, the participant concerned by the loss of value must pay a contribution in the amount of the difference.(2) Each of the contributors shall, however, only be liable up to the level of the value of the rescued object, which shall be attributed to it in accordance with Section 588 (2). Non-official table of contents

§ 593 Ship Creditors ' Right

The entitled "Remuneration entitled" according to § 596 (1) (4) for their contribution claims against the owner of the ship and the creditors of the cargo the rights of a ship's creditor on the ship. Non-official table of contents

§ 594 Pfandrecht of the Remuneration Entitled. Non-delivery

(1) The persons entitled to remuneration shall have a lien on the fuel and the load of the contributors in respect of their claims for contributions.(2) The lien shall take precedence over all other lien on these matters, even if they have been incurred earlier. If there are several pledge rights under paragraph 1 in one case, or if there is also a lien in accordance with Section 585 (2), the pledge for the later claim shall be based on the claim previously incurred. Pfandrights for claims arising at the same time shall be equal. Section 603 (3) shall apply accordingly.(3) The lien referred to in paragraph 1 shall be extinguish one year after the date on which the claim has been made. Section 600 (2) shall apply accordingly.(4) The lien shall be exercised by the shipowner for the persons entitled to remuneration. § § 368 and 495 (4) are to be applied accordingly to the assertion of the lien on the cargo.(5) The master shall not extradited the items in which the lien referred to in paragraph 1 exists prior to the correction or freezing of the contributions. If the master delivers the goods contrary to the first sentence, he shall be liable for the damage resulting from his or her fault to the person entitled to remuneration. This shall also apply if the master has acted on the instructions of the shipowner. Non-official table of contents

§ 595 Presentation of the Dispache

(1) Each participant is entitled to the presentation of the dispache at the place of destination, or, if it is not reached, in the port in which the journey ends. Where the fuel or cargo has been intentionally damaged or sacrificed, the shipowner shall be obliged to arrange for the presentation of the dispache to the place referred to in the first sentence without delay; if he does so, he shall be the person concerned for the consignment. caused damage.(2) The dispache shall be established by a publicly appointed expert or by a person appointed by the court of justice (Dispacheur).(3) Each participant shall make available to the Dispacheur the documents in his/her hands, which are necessary for the presentation of the dispache.

Fifth section
shipwrecking agents

unofficial table of contents

§ 596 faces claims

(1) creditors of the following claims have the rights of a Ship ' s creditors:
1.
Heurequireungen of the captain and the other persons of the Ship's crew;
2.
Public ship, shipping, and port taxes, as well as Lotsdollars;
3.
Claims for damages due to the killing or injury of humans, as well as the loss or damage of property, if these claims are made from the use of the ship , except in the case of claims for loss or damage of property, if the claims are derived from a contract or may also be derived from a contract;
4.
exposures to mountain coal, special remuneration and salvage costs; claims against the owner of the ship and against the creditor of the cargo for a contribution to the large Haverei; claims for the disposal of the wreck;
5.
Claims by the institutions of the social security system, including unemployment insurance against the Shipowners.
(2) Paragraph 1 (3) shall not apply to claims relating to the radioactive properties or to a compound of the radioactive properties with toxic, explosive or other dangerous properties of nuclear fuels or radioactive products or waste. Non-official table of contents

§ 597 Pfandrecht of the ship's creditors

(1) The ship's creditors have a statutory right of deposit for their claims the ship. The lien can be prosecuted against any owner of the ship.(2) The ship shall also be liable for the statutory interest of the claims as well as for the costs of the legal proceedings which are intended to satisfy the satisfaction of the ship. Non-official table of contents

§ 598 Subject of the shipping rights of the ship's creditors

(1) The right of the ship's creditors to parish extends to the Accessories of the ship with the exception of accessories which have not been owned by the ship owner.(2) The lien shall also apply to a replacement claim, which is due to the shipowner for loss of or damage to the ship against a third party. The same shall apply in respect of compensation for damage to the ship in the case of the Great Haverei.(3) The lien does not extend to a claim from an insurance company which the shipowner has taken for the ship. Non-tampering table of contents

§ 599 Erdelete of the claim

Extinguishes the claim secured by the lien of a voyage creditor, shall be extinguished also the pledge. Non-official table of contents

§ 600 Time-lapse

(1) The lien of a ship's creditor expires one year after the request has been made.(2) The lien shall not be issued if, within the period laid down in paragraph 1, the creditor is seized of the seizure of the ship on the grounds of the lien, provided that the ship is subsequently sold in the course of the enforcement without the ship in the In the meantime, a seizure in favour of this creditor has become free. The same shall apply in respect of the lien of a creditor who, on account of his lien, shall accede to the enforcement procedure within that period.(3) A period during which a creditor is legally prevented from satisfying himself from the ship shall not be included in the time limit. An inhibition, a runaway inhibition or a new start of the period for other reasons is excluded. Non-official table of contents

§ 601 satisfaction of the ship's creditor

(1) The ship's creditor's satisfaction is satisfied by the ship's certificate. Rules on foreclosure.(2) The action for the culpation of the foreclosure may also be directed against the owner of the ship against the equipment supplier. The judgment against the outfitter is also effective against the owner.(3) For the benefit of the ship's creditor, the owner shall be deemed to be the owner of the ship's register. The right of the unregistered owner to assert the objections to which he is entitled to the lien remains unaffected. Non-official table of contents

§ 602 Priority of ship's creditors ' pledge rights

The rights of the ship's creditors shall take precedence over all others Pawnrights on the ship. They shall take precedence also in so far as goods subject to duty and taxable are used as security for public charges in accordance with statutory provisions. Non-official table of contents

§ 603 General ranking of the rights of the ship's creditors

(1) The ranking of the pledge rights of the ship's creditors. shall be determined in accordance with the order of the numbers under which the claims are set out in § 596.(2) However, the pledge for the claims listed in Section 596 (1) (4) shall take precedence over the pledge of all other ship creditors whose claims have arisen earlier.(3) Contributions to the Great Haverei shall be deemed to be at the time of the hawal, claims for salvage, special remuneration and salvage costs as at the date of termination of the salvage operations and claims for the elimination of the Wreckage was created at the time of the end of the wreckage. Non-official table of contents

§ 604 Rank Order of the pleas under the same number

(1) From the pledge rights for those in § 596 (1) (1) to (3) and 5 claims shall have the same rank as the pledge for the claims referred to in the same number without regard to the date on which they were established.(2) lien for the claims for personal injury referred to in § 596 (1) (3) shall be subject to pledge rights for the claims on grounds of property damage listed under the same number.(3) The pledge for the claims referred to in § 596 (1) (4) shall be based on the claim for the claim which was subsequently incurred for the earlier claim. Pfandrights on account of concurrent claims are equal.

Sixth Section
Limitations

unofficial table of contents

§ 605 one-year period of limitation

The following claims in one year are:
1.
Claims from a sea freight contract and from a connossement;
2.
Claims from ship-transfer contracts;
3.
Claims for contributions to the Grand Haverei;
4.
Claims to be awarded to the shipowners under § 571 (2).
unofficial table of contents

§ 606 two-year statute of limitations

The following claims are prescribed in two years:
1.
claims for damages due to death or bodily injury of a passenger or because of loss, damage or late delivery of luggage, to the extent that the claims are subject to the provisions of this Book;
2.
Claims for damages arising from the collision of Ships or from an event falling under § 572;
3.
Claims for salvage, special remuneration and salvage costs;
4.
Claims for the removal of a wreck.
unofficial table of contents

§ 607 Beginning of limitation periods

(1) The limitation period for the claims referred to in § 605 (1) shall begin with the day on which the goods were delivered or, if the good was not delivered, with the day on which the good would have been delivered. must be delivered. If the claims are based on a travel freight contract, the goods must be delivered at the end of the last journey or should have been delivered.2. By way of derogation from paragraph 1, the period of limitation for recourse claims of the debtor of a claim referred to in § 605 (1) shall commence on the date of the entry of the legal force of the judgment against the creditor creditor or, if no final judgment is given. Judgment is given, the day on which the right-back creditor has satisfied the claim. The first sentence shall not apply where the reoffense debtor has not been informed of the damage within three months of the resignation of the person having gained knowledge of the damage and the person of the offense debtor.(3) The limitation period for the claims arising from ship-transfer contracts referred to in Section 605 (2) shall begin with the end of the year in which the claim has been made. Paragraph 2 shall apply mutas to the limitation of the rights of recourse of the debtor of a claim arising out of a time charter contract.(4) The limitation period for the claims referred to in § 605 (3) and (4) shall begin with the end of the year in which the claim arose.(5) The period of limitation for the claims for damages referred to in § 606 (1) shall begin as follows:
1.
for claims due to a passenger's bodily injury with the day of disembing of the passenger;
2.
Claims relating to the death of a passenger on the day on which the passenger should have been disembed or, if death has occurred after disembing, with the date of death, but no later than one year after the disembretion of the passenger Passenger;
3.
for claims due to loss, damage or delayed delivery of luggage with the day of disembing or with the day on which disembletion shall have been carried out, whichever is the later.
(6) The limitation period for the claims for damages referred to in § 606 (2) shall commencing from a clash of ships or from an event falling under section 572 with the event that triggers the damage.(7) The limitation period for the claims referred to in § 606 (3) and (4) shall commence upon termination of the mining or wreck removal measures. Paragraph 2 shall apply mutatily to the limitation of the debtor's claims for recourse to such claims. Non-official table of contents

§ 608 Inhibition of the statute of limitations

The limitation of the claims referred to in § § 605 and 606 is also due to a statement of the creditor with which he or she is entitled to claim compensation, until the date on which the debtor refuses to comply with the claim. The collection of the claims and the rejection shall require the text form. A further declaration, which has the same replacement claim, does not inhibit the limitation period again. Non-official table of contents

§ 609 Agreements on the statute of limitations

(1) The limitation of claims for damages arising from a bill of cargo contract or from a connossement for loss of or damage to good, may be facilitated only by agreement which is negotiated in detail, even if it is concluded for a majority of similar contracts between the same Contracting Parties or be made more difficult. However, a provision in the connossement, which facilitates the limitation of claims for damages, is not effective for third parties.(2) The limitation of the claims referred to in § 606 (1) for personal, baggage or delay damage can only be extended by declaration of the carrier or by agreement of the parties after the establishment of the claim reason. The written form shall be subject to declaration and agreement. A facilitation of the limitation period, in particular a reduction in the limitation period, is inadmissible. Non-official table of contents

§ 610 Concurrient claims

Meeting contractual claims for damages that comply with the provisions of this section be subject to competing non-contractual claims for damages, the provisions of this section shall also apply to the non-contractual claims.

Seventh Section
General Limitation of Liability

Non-official table of contents

§ 611 Convention on the limitation of liability

(1) Liability for Maritime claims may be made in accordance with the provisions of the Convention of 19. November 1976 on the limitation of liability for maritime claims (BGBl. 786), as amended by the Protocol of 2. May 1996 (BGBl. 790), in its respective version, which is valid for the Federal Republic of Germany (limitation of liability agreements). This also applies to liability for bunker oil pollution damage under the International Convention of 2001 on Civil Liability for Bunker Oil Pollution Damage (BGBl. 578) (Bunkers Convention). (2) Liability under the International Convention on Civil Liability for Oil Pollution Damage (BGBl) in 1992. 1994 II p. 1150, 1152) (1992 Liability Convention) may be limited in accordance with the provisions of this Convention.(3) Where claims for pollution damage within the meaning of Article I (6) of the 1992 Liability Convention are claimed, and the 1992 Liability Convention is not applicable, the provisions of Article 1 of the Liability limitation convention shall limit their liability for these claims in the appropriate application of the provisions of the Liability Limitation Convention. Where the same event takes the form of both the nature of the claims referred to in the first sentence and the claims for which the liability referred to in paragraph 1 may be limited, the maximum amounts of liability laid down in the Limitation Liability Convention shall apply. in each case separately for the whole of the claims referred to in the first sentence and for the totality of the claims for which the liability referred to in paragraph 1 may be limited.(4) The liability cannot be limited to
1.
referred to in Article 3 (e) of the Liability limitation agreement, provided that the service contract is subject to domestic law;
2.
Claims for reimbursement of the costs of the Law enforcement.
(5) In addition to the provisions of the Liability Limitation Convention and the Liability Convention of 1992, § § 612 to 617 shall apply. Unofficial Table Of Contents

§ 612 Limitation Of Liability For Wreckage Claims

(1) The Liability Restriction Convention (§ 611 Paragraph 1 (1) shall apply to the following claims, subject to the proviso that, irrespective of the legal basis on which they are based, a separate limit of liability shall apply to them: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Claims for reimbursement of the cost of lifting, eliminating, destroying, or making harmless a sunken, havared, stranded or abandoned ship, including everything that is on board such a ship, and
2.
claims to Reimbursement of the costs of the disposal, destruction or harmlessisation of the cargo of the ship.
The claims referred to in the first sentence shall not, however, be subject to the limitation of liability in so far as they are contractually agreed with the liable party. the agreed remuneration.(2) The maximum liability referred to in paragraph 1 shall be calculated in accordance with Article 6 (1) (b) of the Liability Limitation Convention. The maximum liability shall apply to the whole of the claims referred to in paragraph 1 which are the result of the same event against persons who are the same person as referred to in Article 9 (1) (a), (b) or (c) of Article 9 (1) of the Treaty. Liability limitation convention. It shall be available exclusively for the satisfaction of the claims referred to in paragraph 1; Article 6 (2) and (3) of the Disclaimer shall not apply. Non-official table of contents

§ 613 Disclaimer for small ships

For a ship with a room content of up to 250 tons, the item is to be used in the following article: 6 (1) (b) of the Disclaimer of Liability (§ 611 (1), first sentence), the maximum amount of liability shall be set at half of the maximum amount of liability applicable to a ship with a space content of 2 000 tonnes. Unofficial table of contents

§ 614 limitation of liability for damage to ports and waterways

Without prejudice to the law referred to in Article 6 (2) of the Liability limitation agreement (§ 611 (1) sentence 1) in respect of claims for death or bodily injury shall take precedence over claims for damage to port facilities, harbor basins, waterways and navigational aids over any other claims. Article 6 (1) (b) of the Liability Limitation Convention. Non-official table of contents

§ 615 Restrictions on the liability of the pilot

(1) The one referred to in Article 6 (1) (a) and (b) of the Liability limitation of liability (§ 611 (1) sentence 1) of certain limits of liability shall apply to claims against a pilot operating on board, provided that the pilot, if the room content of the vessel in question exceeds 2 000 tonnes, shall be subject to the provisions of the following: its liability may be limited to the amounts calculated on the basis of a space content of 2 000 tonnes.(2) The maximum amount of liability referred to in Article 7 (1) of the Liability Limitation Convention shall apply to claims against a pilot operating on board with the proviso that the pilot shall, if the ship has more than twelve passengers after the ship ' s certificate, shall be liable to limit its liability to the amount calculated on the basis of a number of twelve passengers.3. The establishment and distribution of a fund at the level of the amounts to be calculated in accordance with paragraph 1 or 2 and the effects of the establishment of such a fund shall be determined in accordance with the rules on the establishment, distribution and effects of the funds. Establishment of a fund within the meaning of Article 11 of the Liability Limitation Convention. However, Article 11 (3) of the Limitation Liability Convention shall not apply if, in the case referred to in paragraph 1, the room content of the vessel in question exceeds 2 000 tonnes or, in the case of paragraph 2, the ship shall be more than more than 12 passengers are allowed to carry.(4) A pilot who is not active on board the vessel in question may be liable for the claims referred to in Article 2 of the Liability Limitation Convention in the appropriate application of Section 611 (1), (3) and (4) as well as § § 612 to 614 and 617 with the proviso that such claims shall be subject to a separate limit of liability calculated in accordance with paragraph 1 or 2 and available exclusively for the satisfaction of the claims against the pilot. Non-official table of contents

§ 616 Disclaimer

(1) If the debtor is a legal person or a legal person, person trading company, it cannot limit its liability if
1.
the damage to a The act or omission of a member of the authorized body or of a member entitled to represent the representative is the result of:
2.
such an act or omission precludes the limitation of liability under Article 4 of the Liability Limitation Convention (§ 611 (1) sentence 1) or under Article V (2) of the Liability Convention 1992 (§ 611 (2))
The same shall apply if the debtor is a co-shipowner and the damage is due to an act or omission of the correspondent.(2) If the debtor is a personal trader, each member may limit his personal liability for any claims for which the company can also limit its liability. Non-official table of contents

§ 617 Procedure of limitation of liability

(1) The establishment and distribution of a fund within the meaning of Article 11 of the Liability limitation of liability (§ 611 (1) sentence 1) or within the meaning of Article V (3) of the Liability Convention of 1992 (§ 611 (2)) is determined in accordance with the regulations of the shipping law distribution order.(2) The limitation of liability under the Limitation of Liability Convention may also be invoked if a Fund has not been established within the meaning of Article 11 of the Liability Limitation Convention. § 305a of the Code of Civil Procedure remains unaffected.

Achter section
procedural rules

A non-official table of contents

§ 618 Invocation of a Berger

At the request of a Berger (§ 574 (1)), the court responsible for the main cause may be taken into consideration. Circumstances of the case, in accordance with its reasonable discretion, by means of a temporary inversion to the effect that the debtor of the right to a hill or special remuneration must pay the Berger as cheap and fair amount to be paid as a surcharge and to what conditions are to be provided for. The inordinated disposition may be issued even if the conditions laid down in § § 935 and 940 of the Code of Civil Procedure do not apply. Unofficial table of contents

§ 619 deliveries to the master or skipper

A complaint from a ship's creditor to the enforcement of the enforcement order in a ship, a judgment or a decision in a procedure relating to an arrest in a ship may be delivered to the master of that ship or, to the extent that an inland vessel is concerned, to the skipper. name="BJNR002190897BJNG036602377 " />

Neunter Section
(omitted)

Elfter section
(omitted)

unofficial table of contents

asset (dropped)


Related Laws