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Book 3 · Commercial records  ›  Title 1 · General provisions › Section 264c

Special provisions for general partnerships and partly limited partnerships within the meaning of section 264a

(1) As a rule, loans, receivables and liabilities vis-à-vis shareholders are each to be shown separately as such or are to be stated in the notes. Where they are shown under other items, a corresponding entry must be made.

(2) Section 266 (3) (A)  applies, with the proviso that the following items are to be shown separately as equity capital:

I.  equity shares

II.  reserves

III.  accumulated profits / losses carried forward from the previous year

IV.  net income / net loss for the year.

The equity shares held by the general partners are to be shown instead of the item “Subscribed capital;” they also may be aggregated and shown as a single item. The loss for the financial year attributable to the equity share of a general partner is to be written off from the equity share. To the extent the loss exceeds the equity share, it is to be shown separately under assets in the item “Capital contribution commitments of the general partners” as part of the receivables insofar as a payment obligation exists. Where no payment obligation exists, the amount is to be designated “General partners’ portion of the loss not covered by assets contributed” and is to be shown pursuant to section 268 (3). Sentences 2 and 5 are to be applied accordingly to the contributions by limited partners, whereby these contributions collectively are to be shown separately from the equity shares of the general partners. However, a receivable may be shown only to the extent a capital contribution commitment exists; the same will apply where a limited partner withdraws shares of the profits while that partner’s equity share has been reduced by losses to an amount below the amount of the contribution paid in, or insofar as the withdrawal reduces the equity share to an amount below the designated amount. Solely those amounts are to be shown as reserves that have been formed on the basis of an agreement under corporate law. The amount of the liability amounts entered in the Commercial Register pursuant to section 172 (1) is to be stated in the notes, insofar as these liability amounts have not been paid in.

(3) The other assets of the shareholders (personal assets) may not be included on the balance sheet, nor may the expenditures and earnings attributable to the personal assets be included in the profit and loss account. However, the tax expenditures of the shareholders may be shown separately as a deduction or as an addition in the profit and loss account following the item “Net income / net loss for the year” in keeping with the tax rate of the corporate general partner.

(4) Shares in corporate general partners are to be shown under assets on the balance sheet under items A.III.1 or A.III.3. Section 272 (4) is to be applied subject to the proviso that a special item “Adjustment item for own shares posted as an asset” is to be created for these shares, in the amount posted as an asset, following the item “Equity capital.”

(5) Where the company elects a reporting option pursuant to section 266 (1) sentence 3 or 4, the classifications used in the abridged balance sheet will be governed by the reporting option so elected. The calculation of the balance sheet items pursuant to the above subsections remains unaffected.

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