(1) The subscribed capital as well as the capital reserve and the retained earnings may be recognised in that amount, in the annual financial statements drawn up for the most recent financial year expired prior to the resolution as to the capital reduction having been adopted, that they are intended to have after the capital reduction.
(2) In such event, the general meeting will resolve as to the approval and establishment of the annual financial statements. The resolution as a rule is to be adopted concurrently with the resolution as to the capital reduction.
(3) The resolutions are null and void unless the resolution as to the capital reduction has been entered in the Commercial Register within three months of its having been adopted. The period is tolled for as long as an action for avoidance or an action for annulment is pending.