(1) The statutory auditor is to summarise the result of the audit in a written audit report on the annual financial statements or on the consolidated financial statements. The audit report is to describe the audit’s subject matter, nature and scope while also citing the accounting standards and audit principles applied; furthermore, it is to include an assessment of the audit result. An introductory section is to describe, at a minimum, the audit’s subject matter and cite the accounting standards applied. The result of the audits performed in accordance with section 317 (3a) and (3b) is to be reported in a separate section in each case.
(1a) In preparing the audit report, the statutory auditor is to apply the international auditing standards adopted by the European Commission in the procedure pursuant to Article 26 (3) of Directive 2006/43/EC.
(2) The assessment of the audit result must show, without a doubt, as to whether
1. an unqualified audit report was issued,
2. a qualified audit report was issued,
3. an adverse audit report was issued as a consequence of objections,
4. an adverse audit report was issued because the statutory auditor was not in a position to issue an audit opinion.
The audit result is to be assessed, as a rule, in a comprehensible and problem-oriented manner, having due regard to the circumstance that the legal representatives are responsible for the financial statements. Risks jeopardising the future viability of the share capital company or of a group enterprise are to be addressed separately. The audit report on the consolidated financial statements of the parent enterprise is not required to address risks jeopardising the future viability of a subsidiary enterprise if the subsidiary enterprise is immaterial for the accurate presentation of the group’s assets, liabilities, financial position and profit or loss in keeping with its actual circumstances.
(3) In an unqualified audit report (subsection (2) sentence 1 number 1), the statutory auditor is to declare that the audit they have performed pursuant to section 317 has not led to any objections and that, in the assessment of the statutory auditor based on the findings in the course of the audit, the annual financial statements or consolidated financial statements drawn up by the company’s legal representatives are compliant with statutory requirements and accurately present, while observing the principles of proper accounting or other relevant accounting standards, the share capital company’s or the group’s assets, liabilities, financial position and profit or loss in keeping with its actual circumstances. The statutory auditor additionally may indicate circumstances they intend to highlight without qualifying the audit report.
(4) Where objections are to be raised, the statutory auditor is to qualify the declaration pursuant to subsection (3) sentence 1, (subsection (2) sentence 1 number 2) or is to issue an adverse audit report (subsection (2) sentence 1 number 3). The fact that the audit report is an adverse report is to be included in the report, which no longer is to be designated a “Bestätigungsvermerk” (report confirming compliance). The reasons for issuing a qualified or adverse audit report are to be stated; subsection (3) sentence 2 applies. A qualified audit report may be issued only if the audited financial statements present the assets, liabilities, financial position and profit or loss essentially in keeping with the actual circumstances, taking into account the restriction made by the statutory auditor the implications of which are recognisable.
(5) The audit report is to be issued as an adverse audit report also in those cases in which the statutory auditor is not in a position, after having exhausted all reasonable opportunities to clear up the factual circumstances, to issue an audit opinion (subsection (2) sentence 1 number 4). Subsection (4) sentences 2 and 3 applies accordingly.
(6) The scope of the assessment of the audit result also is to cover whether the management report or the consolidated management report is consistent, in the assessment by the statutory auditor, with the annual financial statements and, as the case may be, with the standalone financial statements pursuant to section 325 (2a) or with the consolidated financial statements, whether the statutory requirements governing the drawing-up of the management report or consolidated management report have been complied with and whether the management report or consolidated management report accurately presents the position of the share capital company or of the group when seen overall. In this context, the matter is to be addressed of whether the opportunities and risks of the future development have been presented accurately.
(6a) Where several auditors or audit firms were jointly appointed to serve as statutory auditor, the assessment of the audit result is to be performed uniformly, as a rule. Where, in an exceptional case, a uniform assessment is not possible, the reasons therefor are to be presented; in each case, the assessment is to be performed in a separate paragraph. Sentences 1 and 2 apply to joint appointments of
auditors or audit firms,
certified accountants or accountancy companies, as well as
auditors or audit firms pursuant to nos. 1 and 2
(7) The statutory auditor is to sign the audit report or the adverse audit report, citing the location of the statutory auditor’s branch office and the date on which the audit report was signed; in the case governed by subsection (6a), all persons appointed are to sign the audit report. The audit report or the adverse audit report also is to be incorporated into the auditor’s additional report. Where the statutory auditor is an audit firm, at a minimum that auditor is to sign it who has performed the statutory audit on behalf of the audit firm. Sentence 3 are to be applied accordingly to accountancy companies.