(1) Without undue delay following receipt of the report of the supervisory board, the management board is to convene the general meeting for purposes of accepting the annual financial statements as approved and established along with the management report and standalone financial statements pursuant to section 325 (2a) of the Commercial Code endorsed by the supervisory board, and for purposes of resolving on the appropriation of any net income that may have been earned; in the case of a parent undertaking (section 290 (1) and (2) of the Commercial Code), the general meeting is to be convened also for purposes of accepting the consolidated financial statements endorsed by the supervisory board, and the consolidated management report. The general meeting is to take place in the course of the first eight months of the financial year.
(2) The annual financial statements, standalone financial statements pursuant to section 325 (2a) of the Commercial Code endorsed by the supervisory board, the management report, the report of the supervisory board and the proposal by the management board regarding the appropriation of the net income are to be kept available, from the time onwards at which the general meeting is convened, at the company’s business premises for inspection by the stockholders. Upon a corresponding demand being made, each stockholder is to be provided with a copy of the documents submitted without undue delay. In the case of a parent undertaking (section 290 (1) and (2) of the Commercial Code), sentences 1 and 2 also apply to the consolidated financial statements, the consolidated management report and the report of the supervisory board concerning said statement and report. The obligations stipulated in sentences 1 and 3 are applicable if the documents designated therein are kept accessible on the company website for the same period of time.
(3) Where the general meeting is to approve and establish the annual financial statements or where it is to decide on the endorsement of the consolidated financial statements, subsections (1) and (2) apply accordingly to the invitation convening the general meeting for the approval and establishment of the annual financial statements, or for the endorsement of the consolidated financial statements, and likewise apply accordingly to how the documents submitted are made accessible and the copies are issued. The deliberations as to the approval and establishment of the annual financial statements as a rule are to be tied to those regarding the appropriation of the net income.
(4) Upon the general meeting having been convened that is to accept the annual financial statements as approved and established or, if the general meeting is to approve and establish the annual financial statements, upon the general meeting that is to approve and establish the annual financial statements having been convened, the management board and the supervisory board will be bound to the declarations regarding the annual financial statements made in the report of the supervisory board (sections 172, 173 (1)). In the case of a parent undertaking (section 290 (1) and (2) of the Commercial Code), sentence 1 applies accordingly to the declaration by the supervisory board regarding the endorsement of the consolidated financial statements.