(1) The management board and the supervisory board of a listed company are to declare annually that the recommendations of the Government Commission on the German Corporate Governance Code published by the Federal Ministry of Justice and Consumer Protection in the official section of the Federal Gazette have been and are being complied with or which of the Code’s recommendations have not been applied or are not being applied, with the reasons therefor being provided. The same applies to the management board and the supervisory board of a company that has exclusively issued other securities than shares of stock for trading on an organised market as defined in section 2 (11) of the Securities Trading Act and the issued shares of stock of which are traded, on the company’s own initiative, only via a multilateral trading system as defined in section 2 (8) sentence 1 no. 8 of the Securities Trading Act.
(2) The declaration is to be made permanently accessible to the public on the company’s website.