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Law on the accounting of certain companies and groups

Original Language Title: Gesetz über die Rechnungslegung von bestimmten Unternehmen und Konzernen

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Law on the accounting of certain companies and groups (publicity law-PublG)

Unofficial table of contents

PublG

Date of completion: 15.08.1969

Full quote:

" Publicity Act of 15 August 1969 (BGBl. 1189), the last of which is Article 3 of the Law of 17 July 2015 (BGBl. 1245).

Status: Last amended by Art. 3 G v. 17.7.2015 I 1245

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.4.1983 + + +) 
(+ + + For application cf. § 22 + + +)

Short transcript and Abbreviation: Inc. by Art. 2 No. 1 G v. 24.2.2000 I 154 mWv 9.3.2000

First section
Accounting for companies

Unofficial table of contents

§ 1 Company obligated to invoice

(1) A company shall, in accordance with this Section, take account of at least two of the following three characteristics for the day of the expiry of a financial year (final date) and for the two subsequent closing dates:
1.
The balance sheet total of an annual balance sheet drawn up on the closing date exceeds EUR 65 million.
2.
The turnover of the company in the twelve months before the closing date exceeds 130 million euros.
3.
The company has employed an average of more than five thousand employees in the 12 months preceding the closing date.
(2) The balance sheet total referred to in paragraph 1 (1) is the balance sheet total of an annual balance sheet drawn up in accordance with Article 5 (2); in the case of undertakings which, in its annual balance sheet, amounts to excise duties or monopole levies due to them under provisions or The balance sheet total is to be reduced by these amounts. If, for the closing date, the feature referred to in paragraph 1 (2) or the feature referred to in paragraph 1 (3) applies, the company shall draw up an annual balance sheet pursuant to Article 5 (2) to determine whether the feature referred to in paragraph 1 (1) is also applicable. Section 277 (1) of the Commercial Code shall apply to the determination of the turnover in accordance with paragraph 1 (2) of the Commercial Code, with the proviso that the excise duties or monopoly levies contained in the revenue proceeds shall also be disregarded. Sales revenues in foreign currency are to be converted into euro after the official rate. The average number of employees referred to in paragraph 1 (3) is the twelfth part of the sum of the figures of the employees employed at the end of each month, including those employed for their vocational training, and those working abroad employees. (3) (omitted) (4) (omitted) (5) Several commercial transactions of a single businessman, even if they are not operated under the same company, are only a company within the meaning of this law. Unofficial table of contents

§ 2 Start and duration of the obligation to invoice

(1) The Company shall, for the first time, take account of the third consecutive closing date for which at least two of the three characteristics of Section 1 (1) are to be met. However, it has to be taken into account for the first closing date for which at least two of the three characteristics of Article 1 (1) apply if the undertaking during the financial year has the assets of another undertaking by way of a conversion or has been transferred in a different way as a whole, and at least two of the three characteristics of Section 1 (1) have been met by the other undertaking on the last two closing dates; this shall also apply if the other undertaking does not apply under this section It needed to be taken into account. A company no longer needs to take account of this section if at least two of the three characteristics of Section 1 (1) are no longer applicable for three consecutive closing dates. (2) The legal representatives of a company, For the first time for a closing date, at least two of the three characteristics of § 1 (1) or the characteristics of § 1 (3) shall apply without delay to the operator of the Federal Gazette (§ 12 para. 2 of the Commercial Code) the declaration , that two of the three characteristics of Section 1 (1) or the Characteristics of Section 1 (3) or (4) apply. The legal representatives shall also submit an appropriate declaration without delay to the operator of the Federal Gazette for each of the following two closing dates, if the characteristics also apply for this closing date. The legal representatives have made the declarations according to sentences 1 and 2 immediately known after their submission in the Federal Gazette. (3) The court has to examine whether a company has to be taken into account under this section. to appoint a reviewer if there is reason to believe that the company is obliged to take account of the accounts in this section. If the company has a supervisory board, it is also to be heard before the order, in addition to the legal representatives. The decision shall be admissible against the decision. For the selection of the examiners, the replacement of reasonable expenses and the remuneration of the examiners, the responsibility and the rights of the examiners and the costs, § 142 (6), § 143, 145 (1) to 3, § 146 of the German Stock Corporation Act and § 323 of the German Stock Corporation Act (AktG) The commercial code makes sense; however, the costs are borne by the Treasury if there is no obligation to invoice under this section. The examiners shall report on the outcome of the examination in writing and shall sign the report. They shall submit it without delay to the court and to the legal representatives; if the report concludes that the undertaking is obliged to take account of the provisions of this section, the report shall also be submitted to the operator of the Federal scoreboard to be submitted electronically; paragraph 2, sentence 3 shall apply accordingly. On request, the legal representatives shall issue a copy of the report to each member. Unofficial table of contents

§ 3 Scope

(1) This section is to be applied only to companies in the legal form
1.
a person-trading company for which no conclusion is drawn up in accordance with Section 264a or 264b of the Commercial Code, or of the individual businessman,
2.
(dropped)
3.
the association, the purpose of which is directed to an economic business operation,
4.
the legal foundation of civil law, if it operates a business,
5.
a body, foundation or institution of public law which is a trader according to § 1 of the Commercial Code or is registered as a merchant in the commercial register.
(2) This Section shall not apply to:
1.
companies in the legal form of the cooperative,
1a.
Entities without their own legal personality of a municipality, a community association or a special purpose association;
2.
Collecting societies according to the Law on the Perception of Copyright and Related Rights of 9 September 1965 (BGBl. 1294), as last amended by Article 2 of the Law of 24 June 1985 (BGBl I). I p. 1137).
3.
This section shall also be applied to credit institutions within the meaning of Section 340 of the Commercial Code and to the persons referred to in Article 2 (1) (1), (2), (2) and (4) of the Law on credit accounts, as well as to insurance undertakings within the meaning of Section 341 of the German Commercial Code. (3) This section does not apply to enterprises in liquiding-up. Unofficial table of contents

§ 4 Legal representatives, Supervisory Board, determination, court

(1) For the purposes of this Act, legal representatives of a company
1.
in the case of a legal person, the members of the institution authorized to represent them,
2.
in the case of a person trading company or the members entitled to represent the representative.
The regulations for the legal representatives of the company apply, if it is the company of an individual businessman, mutadas for the individual businessman or his legal representative. (2) The provisions of this law for the The Supervisory Board shall apply analogously to an appropriate monitoring body. (3) The approval of the annual financial statements shall be the approval of the annual financial statements by the competent authority, and if the company is an individual businessman, the Approval of the annual financial statements by the holder. (4) Court in the sense of this law is the court of the seat (the principal place of business) of the company. Unofficial table of contents

§ 5 List of annual accounts and annual report

(1) The legal representatives of the company shall draw up the annual accounts (§ 242 of the Commercial Code) in the first three months of the financial year for the past financial year. The contents of the annual accounts, its structure and the individual items of the annual financial statements apply in accordance with § 264 (1a) and § § 265, 266, 268 to 275 and 277 of the Commercial Code. Other provisions which are caused by the legal form or the branch of the business shall remain unaffected. (2) The legal representatives of a company which is not in the legal form of a person-trading company or the individual businessman , the annual accounts shall be extended by an annex forming a unit together with the balance sheet and the profit and loss account, together with a management report. § § 284, 285 number 1 to 4, 7 to 13, 15a, 17 to 34, § 286 of the Commercial Code and for the management report § 289 of the Commercial Code apply to the appendix. (2a) Companies which are in accordance with § 264d of the German Commercial Code capital market-oriented, the financial statements shall be supplemented by an appendix to paragraph 2. § 264 (1) sentence 2 of the Commercial Code is to be applied accordingly. (3) Section 330 of the Commercial Code of Law on the Decree of Legal Regulations also applies to companies to which this section applies in accordance with § 3 (1). (4) In the case of a company of a commercial company or of an individual businessman, the other assets of the individual businessman or of the shareholders (private assets) shall not be included in the balance sheet and the expenses and income generated by the private property. are not included in the profit and loss account. (5) The profit and loss account may be set up in accordance with the rules applicable to the company in which the company and the individual traders are responsible. When applying an outline in accordance with Section 275 of the Commercial Code, the taxes payable by persons trading companies and individual traders as tax debtors may be shown below the other expenses. If the profit and loss account is not to be disclosed in accordance with § 9, the following information shall also be given in an annex to the balance sheet:
1.
The turnover within the meaning of section 277 (1) of the Commercial Code,
2.
the income from participations,
3.
wages, salaries, social charges and expenses for retirement provision and support,
4.
the evaluation and depreciation methods, including substantial changes,
5.
the average number of workers employed in the last twelve months preceding the closing date.
(6) Companies within the meaning of Section 3 (1) are exempted from the requirements of this law if they are included in the consolidated financial statements of a parent company within the meaning of Section 11 of this Act or Section 290 of the Commercial Code and they are in the In addition, comply with the requirements of § 264 (3) of the Commercial Code.

Footnote

(+ + + § 5: For application, see Section 22 (5) + + +) Unofficial table of contents

§ 6 Examination by the statutory auditor

(1) The annual accounts and the annual report shall be examined by a statutory auditor. Unless otherwise specified in paragraphs 2 to 4, § 316 (3), § 317 (1), (2), (5) and (6), § 318 (1), (3) to (8), § 319 (1) to (4), § 319a (1), § 319b (1), § 320 (1), (2) and (4), as well as § § 321 to 324 of the German Commercial Code) shall apply. the examination of the annual financial statements. (2) If the company is a commercial company or an individual businessman, the examination shall also cover whether Article 5 (4) has been complied with. (3) The auditor shall be held in the case of partnerships, unless the law, the statutes or the social contract are other provision, chosen by the shareholders. If the company is an individual businessman, the company shall appoint the auditor. In the case of other companies, the auditor is elected by the Supervisory Board, unless the appointment examiner is otherwise determined; if the company has no supervisory board, the statutory representatives shall appoint the statutory auditor. Unofficial table of contents

§ 7 Examination by the Supervisory Board

If the company has a supervisory board, the statutory representatives shall submit the annual financial statements, the management report and the audit report of the statutory auditor to the Supervisory Board immediately after receipt of the audit report of the auditors. The Supervisory Board has to examine the annual accounts and the management report; it has to report on the outcome of its audit in writing. § 170 (3), § 171 (1) sentence 2 and 3, para. 2, sentence 2 to 4, subsection 3 of the German Stock Corporation Act (AktG) shall apply mutaly. The sentences 1 to 3 also apply to a separate financial statements pursuant to § 9 (1) sentence 1 of this Act in conjunction with Section 325 (2a) of the German Commercial Code; for such a conclusion, § 171 (4) sentence 1 of the German Stock Corporation Act shall also apply mutas. Unofficial table of contents

Section 8 Determination of the annual accounts

(1) In order to determine the annual accounts of the decision or the participation of a body other than the legal representative and the supervisory board, the legal representatives shall have the annual financial statements when the company has a After receipt of the audit report (§ 7), if the company does not have a supervisory board, the Supervisory Board shall submit immediately after receipt of the audit report of the auditor of the competent authority. Where it is necessary to establish the annual accounts of a meeting of shareholders, the Assembly shall be convened without delay after receipt of the audit report of the Supervisory Board or the auditor; appointed for the purpose of convening the meeting (2) The annual accounts shall be used in determining the rules applicable to its establishment. (3) If the annual accounts are to be drawn up, the following shall be drawn up: after presentation of the audit report, the auditor shall have the following information: Re-examine documents to the extent that it requires the amendment. The result of the audit shall be reported, and the audit opinion shall be supplemented accordingly. A decision taken before reconsideration of the statement of the annual accounts shall not take effect until an unqualified opinion has been given in respect of the amendment following the re-examination. It shall be void if, within two weeks from the date of the decision, an unqualified opinion is issued in respect of the amendment. (4) The annual accounts fixed shall be the annual accounts for the purposes of the legal form of the Company rules. Unofficial table of contents

Section 9 Disclosure of the annual accounts and the management report
Examination by the operator of the Federal Gazette

(1) The legal representatives of the company have for this the annual accounts and the documents otherwise referred to in § 325 (1) of the Commercial Code, insofar as they are to be drawn up, in the appropriate application of § 325 (1) to (2b), (4) to (6), § 328 of the Commercial Code. Section 329 (1) and (4) of the Commercial Code shall apply mutatily. (2) The profit and loss account and the decision on the use of the result shall not be disclosed to persons trading companies and individual traders if they are to be used in an annex to the trade code. In the balance sheet of partnerships of persons trading companies, the capital shares of the shareholders, the reserves, a profit and a profit under the deduction of the non-profit-making company may not be included in the balance sheet. in the case of loss shares of shareholders covered by assets, of Loss and loss in a post "Equity".

Footnote

(+ + + § 9: For application, see Section 22 (5) + + +) Unofficial table of contents

§ 10 Invalidity of the annual accounts

The annual accounts shall be null and void if:
1.
has not been examined in accordance with Section 6 (1) sentence 1 and 2 of this Act in conjunction with Section 316 (3) of the Commercial Code, or
2.
has been examined by persons who are not appointed to the statutory auditor or who are not statutory auditors in accordance with Section 6 (1) sentence 2 of this Act in conjunction with Section 319 (1) of the Commercial Code.
The nullity referred to in point 2 may no longer be asserted if six months have elapsed since the publication of the annual accounts in the Federal Gazette. Section 256 (6) sentence 2 of the German Stock Corporation Act applies accordingly.

Second section
Accounting of groups

Unofficial table of contents

§ 11 Parent companies responsible for accounting

(1) Where a company having its head office (principal place of business) can exercise directly or indirectly a dominant influence in the territory of another undertaking, that undertaking (parent undertaking) shall, in accordance with the following provisions, take account of: for three consecutive consolidated financial statements, at least two of the following three characteristics shall be met:
1.
The balance sheet total of a consolidated balance sheet on the consolidated financial statement date exceeds 65 million euros.
2.
The revenues of a consolidated profit and loss account on the consolidated financial statements in the twelve months prior to the closing date exceed EUR 130 million.
3.
In the twelve months prior to the consolidated financial reporting date, the Group companies based in Germany have employed an average of more than five thousand employees.
(2) Balance sheet total in accordance with paragraph 1 No. 1 is the balance sheet total of a consolidated balance sheet established in accordance with section 13 (2); § 1 (2) sentence 2 to 5 shall apply mutatily. If the parent company does not need to draw up an annual financial statement, the closing date of the largest undertaking shall be that of the home country. (3) A company having its registered office (principal place of business) may, directly or indirectly, abroad In the case of a dominant influence on another undertaking, and where the company dominates other undertakings through one or more undertakings belonging to the group, with its head office (principal place of business), the companies domicated in Germany, who are closest to the Group Executive Board (parent companies), for their The Group Division (sub-group) shall, in accordance with this Section, take account of at least two of the three characteristics of paragraph 1 for the sub-group for three consecutive closing days of the parent undertaking. Paragraph 2 shall apply mutatily. (4) (omitted) (5) This section shall not apply if the parent company has a public limited liability company, a limited partnership on shares, a limited liability company, a credit institution within the meaning of the § 340 of the Commercial Code, or a person referred to in Article 2 (1) (1), (2) and (4) of the Law on the Banking Act, or an insurance undertaking within the meaning of Section 341 of the Commercial Code, or as a commercial company pursuant to the first sentence of paragraph 1 of this Article. 1 shall not apply to the first section. Furthermore, persons trading companies and individual traders are not obliged to draw up consolidated financial statements under this section if their business operations are limited to the management of wealth and they do not carry out the tasks of the (6) The following provisions of the Commercial Code shall apply in accordance with the following provisions:
1.
Section 290 (2) to (5) on the obligation to draw up and the § § 291 and 292 on liberating consolidated financial statements and group management reports;
2.
§ 315a on the consolidated financial statements in accordance with international accounting standards, paragraph 2 of the provision, however, only if the parent company has its legal form within the scope of Regulation (EC) No 1606/2002 of the European Parliament and the Council of 19 July 2002 on the application of international accounting standards (OJ L 139, 30.4.2002, p. EC No 1), as amended in each case.
If the conditions of § 315a of the Commercial Code are fulfilled, § 13 para. 2 sentence 1 and 2, para. 3 sentence 1 and 2 in conjunction with § 5 para. 5 of this law does not apply.

Footnote

(+ + + § 11: For application, see Section 22 (5) + + +) Unofficial table of contents

§ 12 Start and duration of the obligation of group accounting

(1) For the beginning and the duration of the obligation to take into account pursuant to this Section, § 2 (1) Sentence 1 and 3 shall apply. (2) The legal representatives of a parent company, for the closing date of which at least two of the three characteristics of § 11 (1), have to submit without delay to the operator of the Federal Gazette electronically (§ 12 para. 2 of the Commercial Code) the declaration that for this closing date two of the three characteristics of § 11 para. 1 apply; § 11 para. 2 sentence 2 shall apply accordingly. The legal representatives of the parent company shall also submit an appropriate declaration without delay to the operator of the Federal Gazette for each of the following two closing dates, if the characteristics also apply to the Federal Gazette. The closing date of the closing date. (3) The Court of First Instance shall, in order to determine whether a parent undertaking has to take into account the provisions of this Section, appoint a reviewer if there is reason to believe that the parent undertaking shall be responsible for the accounts is required under this section. If the parent company has a supervisory board, the parent company shall also be heard before the appointment, in addition to the statutory representatives of the parent company. § 2 (3) sentences 3 to 8 shall apply mutatily. Unofficial table of contents

Section 13 List of consolidated financial statements and group management report

(1) In the first five months of the Group's financial year, the legal representatives of the parent company shall have a consolidated financial statements and a group management report or a partial group financial statements or a consolidated financial statements for the past Group financial year. To draw up a partial group management report. If the parent company is capital-market-oriented within the meaning of § 264d of the German Commercial Code, 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's financial year; this shall not apply if it is exclusively for trading on an organised market debt instruments within the meaning of Article 2 (1) (3) of the Securities Trading Act, with a minimum denomination of EUR 50 000 or the equivalent on the issue date. (2) For the consolidated financial statements, or Partial group termination shall apply in accordance with § § 294 to 314 of the Commercial Code, insofar as a deviating structure is permissible, this may also be used for the consolidated financial statements or the partial group termination. Other provisions which are caused by the legal form or the business branch shall remain unaffected. Section 315 of the German Commercial Code applies to the group management report or the partial group management report. (3) The consolidated financial statements or the partial group financial statements do not require the application of Section 314 (1) (6) of the Commercial Code. If the parent undertaking is a commercial company or an individual businessman, Section 5 (4), 5 shall apply in respect of the consolidated financial statements; this shall not be required to include cash flow statement and capital account, unless the parent undertaking is not capital market-oriented in the sense of § 264d of the Commercial Code. In the case of the application of sentence 1 or section 5 (5), the consolidated financial statements or the partial group termination shall have a liberating effect in accordance with § § 291 and 292 of the Commercial Code only if the liberated subsidiary which is the parent company at the same time, (4) § 330 of the German Commercial Code on the adoption of legal regulations also applies to consolidated financial statements, sub-group financial statements, group management reports and sub-group management reports in accordance with this section.

Footnote

(+ + + § 13 (3) and 4: For use, see Section 22 (5) + + +) Unofficial table of contents

Section 14 Examination of the consolidated financial statements

(1) The consolidated financial statements or the partial group financial statements must be examined by a statutory auditor, including the group management report or the partial group management report. § 316 (3), § § 317 to 324 of the Commercial Code of the Examination and § 6 para. 2, 3 of this Act apply. (2) If the parent company is a cooperative, the examination board to which the cooperative belongs is also statutory auditor. of consolidated financial statements. The consolidated financial statements or sub-group accounts audited by an audit association shall have a liberating effect only if the exempted subsidiary, which is the parent undertaking, its parent undertaking at the same time, has its own free subsidiary. (3) If the parent company has a supervisory board, the legal representatives shall have the consolidated financial statements or the partial group financial statements, the group management report or the group management report. Partial group management report and audit report of the statutory auditor of the Consolidated financial statements to be submitted to the Supervisory Board for information immediately after receipt of the audit report. Each member of the Supervisory Board shall have the right to take note of the documents. The originals shall also be handed out to each member of the Supervisory Board upon request, unless the Supervisory Board has decided otherwise.

Footnote

(+ + + § 14: For application, see Section 22 (5) + + +) Unofficial table of contents

Section 15 Disclosure of Consolidated Financial Statements

(1) The statutory representatives of the parent company have for this the consolidated financial statements or partial group termination with the confirmation note or the endorsement of its failure and the group management report or partial group management report in a more appropriate manner Application of § 325 (3) to (6) of the Commercial Code. (2) For the disclosure, publication and reproduction of the consolidated financial statements, partial group financial statements, group management report and the partial group management report, § 328 applies, for which Obligation to verify the operator of the Federal Gazette § 329 (1) and (4) of the Commercial Code. Unofficial table of contents

§ 16

-

Third Section
Penal, penal and final provisions

Unofficial table of contents

§ 17 Inaccurate representation

A term of imprisonment of up to three years or a fine shall be punished for who as a legal representative (Section 4 (1) sentence 1) of a company or a parent company, in the case of a single businessman as the holder or its legal representative,
1.
the situation of the undertaking in the annual accounts or the management report is incorrect or disguised,
1a.
for the purposes of the exemption pursuant to section 9 (1) sentence 1 in conjunction with section 325 (2a) sentence 1, paragraph 2b of the Commercial Code, an individual financial statement in accordance with the international accounting standards referred to in Section 315a (1) of the Commercial Code, in which the the conditions of the undertaking have been rendered inaccurate or disguised, intentionally or in a reckless way,
2.
the circumstances of the Group or sub-group in the consolidated financial statements, the group management report, the sub-group statement or the partial group management report inaccurately reflect or conceal the situation,
3.
in connection with § § 291 and 292 of the Commercial Code, a consolidated financial statements, group management report, partial group statement or partial group management report, in which the Group's relationships are or are not subject to the exemption pursuant to § 11 (6) sentence 1 no. whether or not they have been unproperly reproduced or disguised, either intentionally or in a reckless way, or
4.
in enlightsments or evidence which, pursuant to § 2 (3) sentence 4 in conjunction with § 145 (2) and (3) of the German Stock Corporation Act, § 6 (1) sentence 2 in conjunction with § 320 (1), (2) of the German Commercial Code, § 12 (3) sentence 3 in conjunction with § 2 (3) sentence 4 and § § § 2 (3) sentence 4 Article 145 (2) and (3) of the German Stock Corporation Act or § 14 (1) sentence 2 in conjunction with Section 320 (3) of the German Commercial Code (Handelsgesetzbuch) to be given to a statutory auditor of the company, a related company, the group or the subsidiary company, incorrect information or the relationships between the company, a subsidiary, the group or the sub-group unproperly reproduces or obfuscates.

Footnote

(+ + + § 17: For application, see Section 22 (5) + + +) Unofficial table of contents

Section 18 Violation of the reporting obligation

(1) A custodial sentence of up to three years or a fine shall be punished for who, as an examiner under this law or as an assistant to such a examiner, misreports on the outcome of the examination or conceals significant circumstances in the report. (2) If the offender acts against payment or in order to enrich himself or another person or to harm another person, the penalty shall be punishable by imprisonment of up to five years or a fine. Unofficial table of contents

§ 19 Violation of the obligation of confidentiality

(1) With a custodial sentence of up to one year or a fine shall be punished for who a secret of the undertaking (group management, partial group management), in particular an operating or business secret, which he/she has in his capacity as auditor after this (2) If the offender is against payment or in order to enrich himself or another person or to harm another person, the sentence shall be punishable by imprisonment until the end of the sentence of the sentence of the two years or a fine. Likewise, it shall be punished for the unauthorised use of a secret of the nature referred to in paragraph 1, in particular an operational or commercial secret which has become known to him under the conditions laid down in paragraph 1. (3) The act shall be punished only at the request of the Company (group management, sub-group management). Unofficial table of contents

Section 20 Penal rules

(1) The legal representative (§ 4 (1) sentence 1) of a company or a parent company, the individual businessman as the holder or its legal representative, is in order to act in an order.
1.
in drawing up or establishing the annual accounts of a provision
a)
Section 243 (1) or (2), § § 244, 245, 246, 247, 248, 249 (1) sentence 1 or paragraph 2, § 250 (1) or (2) or § 251 of the Commercial Code on form or content,
b)
Section 253 (1) sentence 1, 2, 3 or sentence 4, paragraph 2, sentence 1, also in conjunction with sentence 2, paragraph 3, sentence 1, 2, 3, 4 or sentence 5, para. 4 or paragraph 5 of the Commercial Code on the valuation;
c)
(dropped)
d)
§ 5 (1) sentence 2 in conjunction with a provision of § 264 (1a), § 265 (2), (3), (4) or (6), § § 266, 268 (3), 4, 5, 6 or 7, § § 272, 274 or § 275 or § 277 of the German Commercial Code (Handelsgesetzbuch)
e)
Section 5 (2), second sentence, in conjunction with Section 284 or Article 285 (1) to (4), 7 to 13, 15a, 17 to 33, or 34 of the Commercial Code, on the information to be provided in the Annex,
2.
in connection with the preparation of the consolidated financial statements or the partial group financial statements of a provision in section 13 (2) sentence 1 in conjunction with a provision
a)
Article 294 (1) of the Commercial Code on the scope of consolidation,
b)
§ 297 (1a), (2) or (3) or section 298 (1) in conjunction with Sections 244, 245, 246, 247, 248, 249 (1) sentence 1 or (2), Section 250 (1) or (2), or Section 251 of the Commercial Code, on the content or form of the consolidated financial statements,
c)
Section 300 of the Commercial Code, on the principles of consolidation or the full-time offer,
d)
the first sentence of § 308 (1) in conjunction with the provisions of the Commercial Code referred to in point 1 (b), paragraph 308 (2) or section 308a of the Commercial Code on the valuation,
e)
the first sentence of section 311 (1) in conjunction with Section 312 of the Commercial Code on the treatment of associated companies, or
f)
§ 308 (1) sentence 3, § 313 or § 314 of the Commercial Code on the information to be made in the Group attachment,
3.
in the preparation of the management report of the provision of the second sentence of section 5 (2) in conjunction with Section 289 (1) of the Commercial Code on the content of the management report,
4.
in connection with the preparation of the group management report or the partial group management report of the provision of section 13 (2) sentence 3 in conjunction with section 315 (1) of the German Commercial Code on the contents of the group management report,
5.
in connection with the disclosure, publication or reproduction of a provision in § 9 (1) or § 15 (2), respectively in conjunction with Section 328 of the Commercial Code on Form or Content, or
6.
a regulation issued pursuant to section 5 (3) or section 13 (4), in conjunction with section 330 sentence 1 of the Commercial Code, in so far as it refers to this fine for a certain amount of action,
(2) In violation of § 2 (2) or § 12 (2) the declaration of order in the operator of the Federal Gazette or of the supervisory authority is not sufficient or not in time. (3) The administrative offence can be are punishable by a fine of up to fifty thousand euros. (4) In the cases referred to in paragraphs 1 and 2, the Federal Office of Justice shall be the administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences.

Footnote

(+ + + § 20: For application, see Section 22 (5) + + +) Unofficial table of contents

Section 21 Setting of monetary policy

Against the legal representatives (§ 4 para. 1 sentence 1) of a company or a parent company, in the case of a single businessman against the holders or their legal representatives, the § 9 para. 1, § 15 para. 1 with regard to the obligation to disclose the Do not comply with the annual financial statements, the management report, the consolidated financial statements, the group management report, the sub-group financial statements or the partial group management report in the Federal Gazette (Bundesanzeiger), is due to the non-mandatory omission of disclosure by the Federal Office of the Federal Republic of Germany in the case of justice, to fix a monetary order. § § 335 to 335b of the Commercial Code shall be applied accordingly. Unofficial table of contents

Section 22 First-time application of amended provisions

(1) § § 7, 9, 11, 13 para. 3 sentence 2 and § 21 in the version of the Accounting Law Reform Act of 4 December 2004 (BGBl. 3166) shall apply for the first time to the financial year commencing after 31 December 2004. Section 315a (2) of the Commercial Code, in conjunction with Section 11 (6), first sentence, of this Act, shall be applied for the first time to the financial year beginning after 31 December 2006. The versions of Section 11 (6) (2) of this Act and Section 292a of the Commercial Code, which are valid until 9 December 2004, are to be applied last year to the financial year beginning 1 January 2005; Article 58 (5) sentence 2 of the Introduction Act to the Commercial Code applies accordingly. In so far as § 5 (1) sentence 2, paragraph 2, § 6 (1), § 9 (1) sentence 1, § 10 sentence 1 no. 2, § 13 para. 2, § 14 (1) and § 15 of this Act refer to provisions of the Commercial Code, which are referred to in Article 58 (2) to (4) of the Introduction Act In the case of the Commercial Code, the transitional arrangements adopted in the latter provision shall apply mutatily. In so far as § 13 para. 2 sentence 1 of this Act refers to Section 297 (1) of the Commercial Code, the first sentence of Article 58 (5) of the Introductory Act to the Commercial Code shall apply accordingly; this shall not apply if the parent company has a (2) § § § 2, 9, 12, 15, 20 and 21 in the version of the Act on Electronic Commerce Register and Cooperative Register as well as the Corporate Register of 10 November 2006 (BGBl. 2553), as amended on 1 January 2007, shall apply for the first time to the financial year commencing after 31 December 2005. Sections 2, 9, 12, 15, 20 and 21 in the version in force until the entry into force of the Law on Electronic Commercial Register and Cooperative Register as well as the Business Register on 1 January 2007 are the last of those before 1 January 2006. the beginning of the financial year. In so far as Articles 2, 9, 15, 20 and 21 refer to provisions of the Commercial Code, which are referred to in Article 61 of the Introductory Act to the Commercial Code, the transitional provisions adopted in the latter provision shall also apply. (3) As far as § § 5, 6, 13 and 20 in the version of the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1102) as well as in the version previously in force and insofar as the provisions of this Act, which are not amended by the Accounting Law Modernisation Act, refer to provisions of the Commercial Code, the transitional provisions relating thereto shall be those of the Articles 66 and 67 of the Introductory Act to the Commercial Code shall apply accordingly. With regard to § 11 of this Act, the transitional provisions of Article 66 (3) and (5) of the Introductory Act to the Commercial Code, relating to Section 290 of the Commercial Code, shall apply accordingly. The same applies to Article 66 (3) sentence 6 of the Introductory Act to the Commercial Code. (4) For § 21, as amended by the Law amending the Commercial Code of 4. October 2013 (BGBl. Article 70 (3) of the Introductory Act to the Commercial Code. (5) § § 5, 9, 11, 13 (3) and (4) as well as § § 14, 17 and 20 in the version of the Accounting Policy Implementation Act of 17 July 2015. (BGBl. I p. 1245) shall be applied for the first time on annual and consolidated financial statements for financial years beginning after 31 December 2015. § § 5, 9, 11, 13, 14, 17 and 20 shall remain applicable in the version valid until 22 July 2015, to be held before 1 January 2016. Unofficial table of contents

Section 23 Entry into force

This law shall enter into force on the day after it is announced.