(1) That information is to be reported in the notes to the consolidated financial statements that is mandatorily to be provided for the individual items of the consolidated balance sheet or of the consolidated profit and loss account; this information is to be presented in the sequence of the individual items of the consolidated balance sheet and of the consolidated profit and loss account. Moreover, that information is to be provided in the notes to the consolidated financial statements that was not reported in the consolidated balance sheet or in the consolidated profit and loss account due to a certain reporting option having been elected. The notes to the consolidated financial statements must
1. state the accounting and valuation methods applied to the items of the consolidated balance sheet and of the consolidated profit and loss account;
2. state the deviations from accounting, valuation and consolidation methods and provide the reasons therefor; their influence on the assets, liabilities, financial position and profit or loss of the group is to be presented separately.
(2) Furthermore, the notes to the consolidated financial statements are to state the following:
1. the names and seats of the enterprises included in the consolidated financial statements, the share held in the subsidiary enterprises’ capital by the parent enterprise and by the subsidiary enterprises included in the consolidated financial statements or held by a person acting for the account of these enterprises, as well as the factual circumstances mandating the enterprises’ inclusion in the consolidated financial statements, insofar as such inclusion is not based on the majority of the voting rights corresponding to the participating capital interest. Such information is to be provided also for subsidiary enterprises that have not been included pursuant to section 296;
2. the names and seats of the associated enterprises, the share held in the associated enterprises’ capital by the parent enterprise and by the subsidiary enterprises included in the consolidated financial statements or held by a person acting for the account of these enterprises. If section 311 (2) applies, then this is to be stated in each case and the reasons therefor are to be provided;
3. the names and seats of the enterprises only proportionally consolidated pursuant to section 310, the factual circumstances on which the application of this provision is based, as well as the share in these enterprises’ capital held by the parent enterprise and by the subsidiary enterprises included in the consolidated financial statements or held by a person acting for the account of these enterprises;
4. the names and seats of other enterprises, the amount of the share held in the capital, the equity capital and the profit / loss of these enterprises for that financial year for which annual financial statements are most recently available, insofar as they concern participating interests within the meaning of section 271 (1) or insofar as such a share is held by a person acting for the account of the parent enterprise or some other enterprise included in the consolidated financial statements;
5. all participating interests in large share capital companies that are not to be listed pursuant to nos. 1 to 4 that comprise more than 5 per cent of the voting rights, if they are held by a parent enterprise listed on the stock exchange, subsidiary enterprise listed on the stock exchange or by a person acting for the account of one of these enterprises;
6. the names, seats and legal forms of the enterprises of which the parent enterprise is a shareholder having unlimited liability, or some other enterprise included in the consolidated financial statements;
7. the name and seat of the enterprise drawing up the consolidated financial statements for the largest body of enterprises to which the parent enterprise belongs as a subsidiary enterprise, and, in the event of the consolidated financial statements drawn up by said other parent enterprise being disclosed, the location at which they are available;
8. the name and seat of the enterprise drawing up the consolidated financial statements for the smallest body of enterprises to which the parent enterprise belongs as a subsidiary enterprise, and, in the event of the consolidated financial statements drawn up by said other parent enterprise being disclosed, the location at which they are available.
(3) The information called for in subsection (2) is not required to be provided insofar as, when assessed exercising reasonable business judgment, it is to be assumed as highly likely that the information will be seriously prejudicial to the parent enterprise, a subsidiary enterprise or some other enterprise designated in subsection (2). If the exemption is applied, then this is to be stated in the notes to the consolidated financial statements. Sentence 1 does not apply if a parent enterprise or one of its subsidiary enterprises is publicly traded within the meaning of section 264d. The information pursuant to subsection (2) nos. 4 and 5 is not required to be provided if it is immaterial for accurately presenting the group’s assets, liabilities, financial position and profit or loss in keeping with its actual circumstances. The duty to state the equity capital and profit or loss pursuant to subsection (2) no. 4 is not required to be complied with also in those cases in which the enterprise in which a participating interest is held does not disclose its annual financial statements.
(4) Section 284 subsection (2) no. 4 and subsection (3) applies accordingly.