Law On The Accounting For Certain Companies And Groups

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

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Accounting law of certain companies and corporations (publicity law-PublG)

unofficial table of contents

publG

date of departure: 15.08.1969

full quote:

" publicity law of the 15. August 1969 (BGBl. 1189), as last amended by Article 3 of the Law of 17. July 2015 (BGBl. I p. 1245) "

:Last modified by Art. 3 G v. 17.7.2015 I 1245

For details, see the Notes

Footnote

(+ + + + + + + +)
menu
(+ + +)
(+ + +) Application § 22 + + +)

Short transcript and Letter abbreviation: Inserted by Art. 2 No. 1 G v. 24.2.2000 I 154 mWv 9.3.2000

First section
Company Accounting

Non-official Table of contents

§ 1 Company obligated to invoice

(1) A company has to invoice under this section if the day of the expiry of a financial year (final date) and for the two following At least two of the following three characteristics are applicable:
1.
The balance sheet total 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 EUR 130 million.
3.
In the twelve months preceding the closing date, the company has an average of more than five thousand employees. .
(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 companies which, in their annual accounts, are subject to amounts for excise duties or monopoly levies due to them; 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) is applicable, the company shall draw up an annual balance sheet in accordance with Article 5 (2) to determine whether the feature referred to in paragraph 1 (1) also applies. 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 employed workers.(3) (omitted) (4) (omitted) (5) Several commercial transactions of a single businessman are, even if they are not operated under the same company, only one company within the meaning of this law. Non-official table of contents

§ 2 Start and duration of the obligation to invoice

(1) For the first time, the company has been responsible for the third of the the following closing date for which at least two of the three characteristics of section 1 (1) are to be taken into account. However, it has to be taken into account for the first closing date for which at least two of the three characteristics of section 1 (1) apply if the enterprise has the assets of another undertaking over the course of the financial year by 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 to which for the first time for a closing date at least two of the three characteristics of § 1 (1) or the characteristics of § 1 (3) apply, shall immediately have to the operator of the Federal Gazette electronic (§ 12 para. 2 of the Commercial Code), to submit the declaration that for this closing date two of the three characteristics of § 1 para. 1 or the characteristics of § 1 para. 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 shall make the declarations according to sentences 1 and 2 immediately known after their submission in the Federal Gazette.(3) The Court of First Instance shall, in order to determine whether an undertaking has to take into account, in accordance with this Section, an auditor, if there is reason to believe that the undertaking is obliged to make the accounts in accordance with 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, section 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. Non-official table of contents

§ 3 Scope

(1) This section is applicable only to companies in the legal form
1.
a person-trading company for which no conclusion according to § 264a or § 264b of the Commercial Code , or the single businessman,
2.
(omitted)
3.
of the association, whose Purpose for 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, the merchant according to § 1 of the Commercial Code, or registered as a merchant in the commercial register.
(2) This section does not apply to
1.
Company in the legal form of the Cooperative,
1a.
Companies without their own legal personality of a community, community association, or purpose association,
2.
Verwertungssocieties according to the law on the exercise 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 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. Do not use the Commercial Code.(3) This section shall not apply to undertakings in liquidate. Non-official table of contents

§ 4 Legal representative, supervisory board, determination, court

(1) For the purposes of this law, legal representatives of a company
1.
with a legal person, the members of the representative The body,
2.
in the case of a commercial company of the shareholders or members authorized to represent the representative.
The regulations for the legal representatives of the If the company is an individual businessman, the company shall be deemed to be valid for the individual businessman or his legal representative.(2) The provisions of this Act for the Supervisory Board shall apply mutatily to a corresponding monitoring body.(3) The approval of the annual financial statements by the competent authority, and if the company of a single businessman is concerned, is to consider the approval of the annual financial statements by the holder.(4) For the purposes of this Act, the Court of First Instance is the Court of the seat (the principal place of establishment) of the undertaking. Non-official table of contents

§ 5 List of annual accounts and management report

(1) The legal representatives of the company have the Annual accounts (Section 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 business branch 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 shall extend the annual accounts by an appendix, which shall take account of the balance sheet and the profit and loss of the company. Loss account to form a unit, and to draw up 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 German Commercial Code apply analogously to the appendix.(2a) Companies which are capital-market-oriented in the application of Article 264d of the Commercial Code shall supplement the annual accounts with an Annex referred to in paragraph 2. § 264 (1) sentence 2 of the Commercial Code is to be applied in a reasonable way.(3) Section 330 of the Commercial Code on the adoption of legal regulations also applies to companies to which this section is to be applied in accordance with Section 3 (1).(4) If the company is a person trading company or an individual businessman, the other assets of the individual businessman or the shareholders (private assets) may not be included in the balance sheet and the assets of the private company not included in the profit and loss account shall be included in the income statement.(5) Passenger companies and individual traders may establish the profit and loss account in accordance with the rules applicable to their undertakings. 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 included in the other expenses. If the profit and loss account is not to be disclosed in accordance with § 9, the following information shall also be provided in an asset to the balance sheet:
1.
The revenue in the sense of § 277 (1) of the Commercial Code,
2.
the revenues Shareholdings,
3.
wages, salaries, social charges and expenses for retirement and support,
4.
the assessment and depreciation methods, including major changes,
5.
the
() Companies within the meaning of Section 3 (1) are exempted from the requirements of this Act if they are included in the consolidated financial statements of the Parent company within the meaning of § 11 of this Act or § 290 of the Commercial Code are included and they also comply with the applicable requirements of § 264 (3) of the Commercial Code.

Footnote

(+ + + § 5: Zur Application Section 22 (5) + + +) Non-official table of contents

§ 6 Examination by the statutory auditor

(1) The annual accounts and the annual report are to 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), and § § 321 to 324 of the German Commercial Code) shall apply. the audit of the annual financial statements in accordance with the relevant rules.(2) If the company is a commercial company or an individual businessman, the examination shall also cover whether the provisions of Section 5 (4) have been complied with.(3) The statutory auditor shall be elected by the shareholders in the case of partnerships of persons, unless the law, the statutes or the social contract provide otherwise. If the company is an individual businessman, it 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. Non-official table of contents

§ 7 Audit by the Supervisory Board

If the company has a supervisory board, the legal representatives to submit the annual financial statements, the annual 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 mutatily. Non-official table of contents

§ 8 Determination of the annual financial statements

(1) The need to determine the annual accounts of the decision or If the company has a supervisory board, the legal representatives shall immediately after receipt of the audit report (§ 7), if the company has a supervisory board, the legal representatives shall immediately after receipt of the audit report (§ 7), the legal representatives shall immediately after receipt of the audit report (§ 7) No company has no supervisory board, 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 shall not immediately enter the Assembly, the legal representatives shall convene it.(2) The annual accounts shall be the subject of the determination of the rules in force for the establishment of the accounts.(3) If the annual accounts are changed after presentation of the audit report, the auditor shall re-examine these documents to the extent that the change requires the change. 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 on the amendment is not given.(4) The annual accounts established shall be the annual accounts in accordance with the rules applicable to the legal form of the undertaking. Non-official table of contents

§ 9 Disclosure of the annual financial statements and the management report
audit by the operator of the Federal Gazette

(1) The legal representatives of the company shall have the annual accounts and the documents otherwise referred to in § 325 (1) of the Commercial Code, insofar as they are to be established, in accordance with § 325 (1) to (2b), (4) to (6), § 328 of the German Commercial Code. Trade Code. Section 329 (1) and (4) of the Commercial Code shall apply mutatily.(2) Passenger companies and individual traders do not need to disclose the profit and loss account and the decision on the use of the result if, in an annex to the balance sheet, they provide the information required in accordance with Article 5 (5) sentence 3 record.(3) In the balance sheet of partnerships, the shares of the shareholders, the reserves, a profit or profit and a profit under the deduction of the losses of losses not covered by assets may be included in the balance sheet. Shareholders, a loss account and a loss are shown in a "Equity" item.

Footnote

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

§ 10 Invalidity of the annual accounts

The annual accounts are void if they are
1.
not in accordance with § 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 in accordance with § 6 (1) sentence 2 of this law in conjunction with § 319 1 of the Commercial Code shall not be statutory auditor.
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), second sentence, of the German Stock Corporation Act applies accordingly.

Second Section
Accounting of Concerns

Non-official table of contents

§ 11 parent company committed to accounting

(1) A company with headquarters (principal place of business) may directly or indirectly establish a company in the country. (a parent undertaking) shall, in accordance with the following provisions, take account of the fact that at least two of the three consecutive consolidated financial statements for each of the three consecutive consolidated financial statements are the following characteristics:
1.
The balance sheet total of one of the consolidated financial statements Consolidated balance sheet exceeds EUR 65 million.
2.
The revenues of a consolidated profit and loss account on the consolidated financial statements day in the twelve Months before the closing date, EUR 130 million.
3.
In the twelve months prior to the consolidated financial reporting date, the Group companies with domials are located in Germany. a total of more than five thousand employees on average.
(2) Balance sheet total in accordance with paragraph 1 No. 1 is the balance sheet total of a consolidated balance sheet according to section 13 (2); § 1 (2) sentence 2 to 5 shall apply mutaficly. Where the parent undertaking does not need to draw up an annual financial statement, the closing date of the largest undertaking shall be that of domeshicy.(3) If a company having its registered office (principal place of business) abroad can exercise directly or indirectly a dominant influence on another company, it may, by means of one or more undertakings belonging to the group, be governed by this undertaking with Registered office (principal place of business) within the territory of other companies, the companies located in the home country which are closest to the group management (parent companies) shall, in respect of their group division (subgroup), have to take into account, in accordance with this section, if: three consecutive closing dates of the parent undertaking shall be at least two of the three characteristics referred to in paragraph 1 for the sub-group. 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 Section 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 trading company pursuant to the first sentence of paragraph 1 of the first sentence of paragraph 1, the first section has not been applied. Furthermore, persons trading companies and individual traders are not obliged to draw up consolidated financial statements in accordance with this section if their business operations are limited to the management of wealth and they do not fulfil the tasks of the See group management.(6) The following provisions of the Commercial Code apply mutatily:
1.
§ 290 (2) to (5) on the obligation § § 291 and 292 on liberating consolidated financial statements and group management reports;
2.
§ 315a on the consolidated financial statements according to international However, the accounting standards referred to in paragraph 2 of this Regulation shall apply only where the parent undertaking is in accordance with its legal form within the scope of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 June 2002 on the July 2002 on the application of international accounting standards (OJ L 136, 31.7.2002, p EC No 1).
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 Section 5 (5) of this Act applies. not.

Footnote

(+ + + § 11: For application see Section 22 (5) + + +) Non-official table of contents

§ 12 Start and duration of the obligation to Consolidated financial statements

(1) For the beginning and the duration of the obligation to take account of this section, § 2 para. 1 sentence 1 and 3 shall apply in accordance with the same provisions.(2) The legal representatives of a parent company, for the closing date of which at least two of the three characteristics of Section 11 (1) apply, shall immediately have to the operator of the Federal Gazette electronically (Section 12 (2) of the Commercial Code) the To submit a declaration that two of the three characteristics of § 11 (1) apply for this closing date; § 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. Section 2 (2) sentence 3 shall apply accordingly.3. The Court of First Instance shall, in order to determine whether a parent undertaking has to take into account, in this Section, an auditor if there is reason to believe that the parent undertaking is obliged to make the accounts in accordance with 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. Non-official table of contents

§ 13 List of consolidated financial statements and group management report

(1) The legal representatives of the parent company have in for the first five months of the Group financial year for the past Group financial year, to draw up a consolidated financial statements and a group management report or a partial group financial statements or 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 date of issue of the issue Value of another currency.(2) § § 294 to 314 of the Commercial Code shall apply in accordance with the terms of § § 294 to 314 of the Commercial Code, insofar as a deviating structure is permissible, it 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 Commercial Code shall apply mutationally to the Group management report or the subgroup management report.(3) Section 314 (1) No. 6 of the Commercial Code does not need to be applied to the consolidated financial statements or to the partial group financial statements. If the parent undertaking is a commercial company or a single businessman, Section 5 (4), 5 shall apply to the consolidated financial statements; the consolidated financial statements shall not be included in the consolidated financial statements, unless the parent company does not comply with the provisions of the 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 Sections 291 and 292 of the Commercial Code only if the liberated subsidiary which is the parent undertaking at the same time, would have been able to take advantage of these facilities for its consolidated financial statements or partial group termination.(4) Section 330 of the 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 pursuant to this section.

Footnote

(+ + + § 13 para. 3 and 4: For use, see Section 22 (5) + + +) Non-official table of contents

§ 14 Review of the consolidated financial statements

(1) The consolidated financial statements or Partial group completion is to be considered by a statutory auditor, including the group management report or the subgroup management report. § 316 (3), § § 317 to 324 of the German Commercial Code (Handelsgesetzbuch) as well as § 6 para. 2, 3 of this Act apply in a reasonable way.(2) 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. The consolidated financial statements or sub-group accounts audited by an audit association shall have a liberating effect in accordance with § § 291 and 292 of the Commercial Code only if the exempted subsidiary, which is at the same time parent company, has its own The consolidated financial statements or the partial group termination could have been examined by this person.(3) If the parent company has a supervisory board, the legal representatives shall have the consolidated financial statements or the partial group management report, the group management report or the partial group management report and the audit report of the 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 the application, see Section 22 (5) + + +) unofficial table of contents

§ 15 Disclosure of the consolidated financial statements

(1) The legal representatives of the parent company have for this the consolidated financial statements or the partial group termination with to disclose the confirmation note or note on its failure and the group management report or partial group management report in accordance with § 325 (3) to (6) of the Commercial Code.(2) For the disclosure, publication and reproduction of the consolidated financial statements, sub-group financial statements, group management report and the partial group management report, § 328 applies, for the auditor of the Federal Gazette § 329 (1) and (4) of the Federal Gazette Commercial Code. unofficial table of contents

§ 16

-

third section
criminal, penal, and final rules

unofficial table of contents

§ 17 misrepresentation

Imprisonment of up to three years or a fine will 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 company's relationships in the annual accounts or management report inaccurately reflect or disguised,
1a.
for the purposes of the exemption pursuant to § 9 (1) sentence 1 in conjunction with § 325 (2a) sentence 1, para. 2b of the German Commercial Code, an individual financial statements according to the provisions of § 315a (1) of the German Commercial Code (Handelsgesetzbuch) International accounting standards referred to in the Commercial Code, in which the company's circumstances have been rendered inaccurate or disguised, intentionally or in a reckless way,
2.
the relationships 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 inaccurate or disguised,
3.
for the purposes of the liberation pursuant to § 11 (6) sentence 1 no. 1 in conjunction 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 relationships of the group or sub-group have been rendered inaccurate or disguised, either intentionally or in a reckless manner, or
4.
in enlightsment:none;"> according to § 2 para. 3 sentence 4 in conjunction with § 145 para. 2 and 3 of the German Stock Corporation Act, § 6 para. 1 sentence 2 in conjunction with § 320 para. 1, 2 of the German Stock Corporation Act § 12 (3) sentence 3 in conjunction with Section 2 (3) sentence 4 and § 145 (2) and (3) of the German Stock Corporation Act or § 14 (1) sentence 2 in conjunction with Section 320 (3) of the Commercial Code, a statutory auditor of the company, a related the company, the group or the sub-group are to give incorrect information or inaccurately reflect the relationships of the company, a subsidiary company, the group or the subgroup, or veiled.

Footnote

(+ + + § 17: For application see § 22 (5) + + +) Non-official table of contents

§ 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 auditor under this law or as an assistant to such an 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 or to harm another person, the penalty shall be punishable by imprisonment of up to five years or fine. Non-official table of contents

§ 19 Violation of confidentiality

(1) Imprisonment of up to one year or a fine shall be punished for who: a secret of the undertaking (group management, sub-group management), in particular an operating or business secrecy which has been disclosed to him in his capacity as auditor in accordance with this law or as an assistant to such a examiner; .(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 nature 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 company (group management, sub-group management). Non-official table of contents

§ 20 Penal rules

(1) Contrary to law, who is a legal representative (Section 4 (1) sentence 1) of a company or a parent company, or a single businessman as the holder or its legal representative,
1.
when drawing up or determining the annual financial statements of a rule
a)
§ 243 para. 1 or 2, § § 244, 245, 246, 247, 248, 249 para. 1 sentence 1 or para. 2, § 250 para. 1 or paragraph 2 or § 251 of the German Commercial Code on Form or Content,
b)
Section 253 (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 or para. 5 of the Valuation;
c)
(dropped)
d)
of § 5 (1) sentence 2 in § 265 (1a), § 265 (2), (3), (4) or (6), § § 266, 268 (3), (4), (5), (6) or (7), § § 272, 274 or § 275 or § 277 of the Commercial Code on the outline or
e)
§ 5 para. 2 sentence 2 in conjunction with § 284 or § 285 number 1 to 4, 7 to 13, 15a, 17 to 33, or point 34 of the trade code on the annex to be made Information
2.
in the preparation of the consolidated financial statements or partial group financial statements of a provision in § 13 para. 2 sentence 1 in conjunction with a provision
a)
section 294 (1) of the Commercial Code on the Consolidation Circle,
b)
§ 297 paragraph 1a, 2 or 3 or section 298 (1) in conjunction with § § 244, 245, 246, 247, 248, 249 para. 1 sentence 1 or paragraph 2, § 250 para. 1 or para. 2 or § 251 of the Trade Code on the Content or Form of Consolidated Financial Statements,
c)
of § 300 of the Commercial Code on the Consolidation Principles or the Consolidated Financial Statements
308 (1) sentence 1 in conjunction with the provisions of the Commercial Code referred to in point 1 (b), section 308 (2) or the second sentence of § 308 (1)
German Commercial Code (§ 308) Section 308a of the Commercial Code on the valuation,
e)
of Section 311 (1) sentence 1 in conjunction with Section 312 of the Commercial Code on the Treatment of Associated Companies or
f)
of § 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 § 5 (2) sentence 2 in conjunction with Section 289 (1) of the Commercial Code on the content of the management report,
4.
in the preparation of the group management report or the partial group management report of the provision of § 13 para. 2 sentence 3 in conjunction with Section 315 (1) of the Commercial Code on the content of the group management report,
5.
in connection with the disclosure, publication or reproduction of a provision in § 9 (1) or § 15 (2), in connection with § 328 of the Commercial Code of Form or Content, or
6.
one pursuant to § 5 (3) or § 13 (4), respectively in conjunction with § 330 sentence 1 of the Trade Code, as far as it refers to this fine for a particular case,
is contrary to the provisions of the Code.(2) In violation of § 2 (2) or § 12 (2) of the Code, the operator of the Federal Gazette or of the supervisory authority does not or does not submit the declaration in good time.(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 in the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Federal Office of Justice.

Footnote

(+ + + § 20: For application, see § 22 (5) + + +) Non-official Table of Contents

§ 21 Setting of Order Money

Against the legal representatives (Section 4 (1) sentence 1) of a company or a company Parent company, in the case of an individual businessman against the holders or their legal representatives, § 9 para. 1, § 15 para. 1 with regard to the obligation to disclose the annual financial statements, the management report, the consolidated financial statements, the group management report, the Do not comply with the partial group financial statements or the partial group management report in the Federal Gazette (Bundesanzeiger), it must be determined by the Federal Office of Justice because of the non-compulsory omission of disclosure by the Federal Office for Justice. § § 335 to 335b of the Commercial Code shall be applied accordingly. Non-official table of contents

§ 22 First application of amended regulations

(1) § § 7, 9, 11, 13 para. 3 sentence 2 and § 21 in the version of the Balance-of-Law Reform Act of 4. December 2004 (BGBl. I p. 3166) are to be found for the first time on the basis of the 31. The financial year commencing in December 2004. Section 315a (2) of the German Commercial Code (Handelsgesetzbuch) in conjunction with Section 11 (6), first sentence, No. 2 of this Act is the first to be published on the basis of the 31. The financial year commencing in December 2006. The up to the 9. The provisions of Section 11 (6) (2) of this Act and Section 292a of the German Commercial Code (Handelsgesetzbuch) are in force in December 2004 for the last time before the 1. Article 58 (5), second sentence, of the Introductory Act to the Commercial Code shall apply 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 accordingly. 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 A personal company or a single businessman.(2) § § 2, 9, 12, 15, 20 and 21 in the version of the Act on the Electronic Commercial Register and the Cooperative Register as well as the Business Register of 10. November 2006 (BGBl. 2553) in the 1. January 2007, the current version will be available for the first time in accordance with the 31. The financial year commencing in December 2005. § § 2, 9, 12, 15, 20 and 21 in the up to the entry into force of the Act on Electronic Commercial Register and Cooperative Register as well as the Business Register on 1. The latest version of the text is in force before 1 January 2007. The financial year commencing in January 2006. 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. accordingly.(3) To the extent that § § 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. 3746), the provisions of Article 70 (3) of the Introductory Act to the Commercial Code shall apply accordingly.(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. 1245) are to be applied for the first time on annual and consolidated financial statements for financial years, which are based on the 31. December 2015. In front of the 1. As of January 2016, § § 5, 9, 11, 13, 14, 17 and 20 will remain in the period up to 22 January 2016. July 2015 shall apply. Non-official table of contents

§ 23 Entry into force

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

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