(1) The statutory auditor, their agents and the legal representatives of an audit firm assisting with the audit are under obligation to perform the audit diligently and impartially and to maintain confidentiality; notification obligations stipulated by law remain unaffected. They are not permitted to exploit without authorisation any trade secrets or business secrets of which they have become apprised in the course of their activities. Whoever breaches their duties, whether intentionally or negligently, will be liable to the share capital company and, if an affiliated enterprise has suffered damages, also to the affiliated enterprise, for compensation of the damages resulting therefrom. A plurality of persons will be liable as joint and several debtors.
(2) The audit-related indemnification obligation of the persons named in subsection (1) sentence 1 is limited as follows, subject to the stipulations of sentences 2 to 4:
in the case of share capital companies that are a public-interest entity as defined in section 316a sentence 2 no. 1: to 16 million euros;
in the case of share capital companies that are a public-interest entity as defined in section 316a sentence 2 no. 2 or 3, but not as defined in section 316a sentence 2 no. 1: to 4 million euros;
in the case of share capital companies not set out in nos. 1 and 2: to 1 million 500,000 euros.
This applies neither to persons who have acted with intent nor to the statutory auditor of a share capital company pursuant to sentence 1 no. 1 who has acted with gross negligence. In derogation from sentence 1 no. 2, the indemnification obligation of the statutory auditor of a share capital company under sentence 1 no. 2 is limited, in the case of the statutory auditor having acted with gross negligence, to 32 million euros per audit. In derogation from sentence 1 no. 3, the indemnification obligation of the statutory auditor of a share capital company under sentence 1 no. 3 is limited, in the case of the statutory auditor having acted with gross negligence, to 12 million euros per audit. The liability caps provided for by sentences 1, 3 and 4 apply also if a plurality of persons was involved in the audit or if several actions were taken obligating those taking them to provide compensation, and having no regard to whether other parties involved acted with intent or gross negligence.
(3) If an audit firm serves as the statutory auditor, then the confidentiality obligation will be given also vis-à-vis the supervisory board and the members of the supervisory board of the audit firm.
(4) The obligation to indemnify under these provisions may not be precluded or restricted by contract.
(5) The information stipulated by Article 7 paragraph (2) of Regulation (EU) No 537/2014 is to be addressed to the Federal Financial Supervisory Authority; if it is suspected that a criminal offence or a regulatory offence has been committed, then such information is to be addressed also to the prosecution authority respectively competent.