(1) The application for registration is to include the declaration as to the pre-requisites set out in section 36 (2) and section 36a having been met; in this context, the amount in which the shares of stock are issued and the amount paid in therefor are to be stated. Proof is to be submitted as to the amount paid in definitively being available to be disposed over by the management board at its discretion. Where the amount has been paid in, in accordance with section 54 (3), by being credited to an account, such proof is to consist of a corresponding confirmation from the institution maintaining the account. Said institution is liable to the company for the confirmation being accurate. Where the amount paid in has been used to pay taxes and fees, proof is to be submitted as regards the nature and amount of such payments made.
(2) In the application for registration, the members of the management board are to give an assurance that no circumstances are given that would disqualify them from being appointed as stipulated in section 76 (3) sentence 2 nos. 2 and 3 as well as in sentences 3 and 4, and that they have been instructed as to their unrestricted duty to provide information to the court. Their instruction pursuant to section 53 (2) of the Act on the Federal Central Criminal Register (Bundeszentralregistergesetz – BZRG) may be performed in writing; they may also be instructed by a notary or a notary appointed in a foreign country, by a representative of a comparable profession in the field of legal advisory services or by a consular officer.
(3) Furthermore, the application for registration is to state the following:
1. a business address within Germany,
2. the nature and scope of the power of representation conferred upon the members of the management board.
(4) The following are to be attached to the application for registration:
1. the by-laws as well as the records and documents by which the by-laws have been established and by which the shares of stock have been acquired by the founders;
2. in the case governed by sections 26 and 27, the contracts on which the specifications are based, or that were concluded by way of implementing them, and a calculation of the formation expenses the company is to bear; the calculation is to set out the remuneration in each case by its nature and amount, and is to individually list the recipients;
3. the records and documents as to the appointment of the management board and of the supervisory board;
3a. a list of the members of the supervisory board, providing their family name, first name, profession exercised, and place of residence;
4. the formation report and the reports on the audit performed by the members of the management board and of the supervisory board as well as the reports on the audit performed by the formation auditors, along with the supporting records and documents.
5. (repealed)
(5) Section 12 (2) of the Commercial Code applies accordingly to the submission of documents pursuant to the present Act.
(6) (repealed)