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Part 5 · Accounting. Appropriation of profits  ›  Division 2 · Audit of the annual financial statements › Section 170

Submission to the supervisory board

(1) The management board is to submit the annual financial statements and the management report to the supervisory board without undue delay after they have been drawn up. Sentence 1 applies accordingly to standalone financial statements pursuant to section 325 (2a) of the Commercial Code as well as, in the case of parent undertakings (section 290 (1) and (2) of the Commercial Code), to the consolidated financial statements and the consolidated management report. If a separate non-financial report (section 289b of the Commercial Code), a separate consolidated non-financial report (section 315b of the Commercial Code), the report on income tax information (sections 342b, 342c, 342d (2) no. 2 of the Commercial Code) and the declaration in accordance with section 342d (2) no. 1 of the Commercial Code has been prepared, it is to be submitted pursuant to sentence 1 as well.

(2) Concurrently, the management board is to submit the proposal to the supervisory board that the management board intends to submit to the general meeting regarding the appropriation of the net income. Unless, in light of its substance, the proposal needs to be organised differently, it is to be structured as follows:

1.

Distribution to stockholders

...

2.

Allocation to retained earnings

...

3.

Profits carried forward

...

4.

Net income

...

(3) Each member of the supervisory board is entitled to obtain knowledge of the submissions made and of the reports on the audit. The submissions and reports on the audit are to be forwarded to each member of the supervisory board or, insofar as the supervisory board has adopted a corresponding resolution, to the members of a committee.

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