(1) The term “small share capital companies” designates share capital companies that do not exceed the limits of at least two of the three following criteria:
1. balance sheet total of 7,500,000 euros.
2. turnover of 15,000,000 euros in the twelve months prior to the balance sheet date.
3. average number of fifty employees during the financial year.
(2) The term “medium-sized share capital companies” designates share capital companies that exceed the limits of at least two of the three criteria set out in subsection (1) and that do not exceed the limits of at least two of the three following criteria:
1. balance sheet total of 25,000,000 euros.
2. turnover of 50,000,000 euros in the twelve months prior to the balance sheet date.
3. average number of 250 employees during the financial year.
(3) The term “large share capital companies” designates share capital companies that exceed at least two of the three criteria set out in subsection (2). A share capital company within the meaning of section 264d is considered a large share capital company in all cases.
(4) The legal consequences entailed by the criteria set out in subsection (1) to (3) sentence 1 will ensue only if the thresholds are exceeded or not attained as per the balance sheet dates of two consecutive financial years. In the case of an enterprise’s transformation or new formation, the legal consequences will ensue already if the pre-requisites set out in subsections (1), (2) or (3) are met on the first balance sheet date following the transformation or new formation. In the event of a change of legal form, sentence 2 does not apply if the legal entity changing its legal form is a share capital company or a commercial partnership within the meaning of section 264a (1).
(4a) The balance sheet total is comprised of the items listed under letters A to E of section 266 (2). Any deficit shown under assets (section 268 (3)) will not be included in the balance sheet total.
(5) The average number of employees is considered to consist of one quarter of the sum of the number of persons employed on 31 March, 30 June, 30 September and 31 December, respectively, including the persons employed abroad; however, the members of staff receiving vocational training are not to be counted.
(6) The rights of employee representatives to obtain information and to make enquiries under other laws remain unaffected.