Audit report

(1) The association must report in writing on the outcome of the audit. Section 321(1) to (3) and (4a) of the Commercial Code applies correspondingly to the audit report, insofar as it concerns the annual financial statements and the management report. In the audit report, a position must be taken on whether and in what manner the cooperative has, during the audit period, pursued a permissible promotional purpose.
(2) For the audit of cooperatives satisfying the size criteria of section 267(3) of the Commercial Code, section 322 of the Commercial Code on the auditor's certificate applies correspondingly. Article 10(2)(g) of Regulation (EU) No. 537/2014 applies correspondingly to all representatives and persons of the association named in section 55(2), first sentence; Article 10(2)(g) of Regulation (EU) No. 537/2014 does not apply to the association.
(3) The association must sign the audit report and submit it to the management board of the cooperative and to the chairperson of the supervisory board; section 57(6) applies correspondingly, Article 11(1), (2), first sentence and (4) of Regulation (EU) No. 537/2014 does not apply. Every member of the supervisory board must take note of the content of the audit report.
(4) On the outcome of the audit, the management board and the supervisory board of the cooperative must deliberate in a joint meeting without delay after receipt of the audit report; where the cooperative is an undertaking of public interest within the meaning of section 316a, second sentence, no. 1 or 2 of the Commercial Code, the supervisory board must set out how the audit, and the involvement of the supervisory board or audit committee with the statutory audit, contributed to the accounting being orderly. The association and the auditor are entitled to take part in the meeting; the management board is obliged to notify the association of the meeting.