(1) The general meeting adopts a resolution as to the approval of the annual financial statements. The resolution requires the consent of the general partners.
(2) In the annual balance sheet, the equity shares of the general partners are to be separately recognised under the item “subscribed capital.” The loss allocated to the equity share of a general partner for the financial year is to be written down from the equity share. Inasmuch as the loss is higher than the equity share, it is to be recognised separately on the “Assets” side of the balance sheet under the designation “call liabilities of general partners” among the receivables insofar as a payment obligation exists; where no such payment obligation exists, the amount is to be designated as “loss share of general partners not covered by assets contributed” and is to be recognised pursuant to section 268 (3) of the Commercial Code. Loans governed by section 89 that the company has granted to general partners, to their spouses, partners in a civil union or minor children or to third parties acting for the account of these persons, are to be noted on the “Assets” side under the corresponding items with the designation “of which granted to general partners and their relatives.”
(3) The profit or loss allocated to the equity shares of the general partners need not be separately recognised in the profit and loss account.
(4) Section 285 no. 9
(a) and
(b) of the Commercial Code applies to general partners subject to the proviso that the profit allocated to the equity share of a general partner need not be stated.