[eu]cite

Home› Commercial & Company Law› HGB (EN)

Book 3 · Commercial records  ›  Title 10 · Consolidated financial statements in accordance with international accounting standards › Section 329

Verification and notification duties of the body maintaining the Business Register

(1) The body maintaining the Business Register verifies whether all of the documents to be transmitted have been transmitted, and whether they have been submitted in due time. To the extent this is required in order to fulfil the tasks pursuant to sentence 1, the body maintaining the Business Register may use the data transmitted pursuant to section 8b (3) sentence 2 by the Land departments of justice.

(2) Where the verification gives rise to the assumption that the eased requirements depending on the size of the share capital company or the eased requirement pursuant to section 327a ought not to have been applied, the body maintaining the Business Register may demand that the share capital company inform it, within a reasonable period, of its turnover (section 277 (1)) and the average number of employees (section 267 (5)), or that it provide information indicating its fulfilment of the criteria stipulated for a share capital company under section 327a. If the share capital company fails to provide such information within the time limit set, the eased requirements will be considered to have been applied without justification.

(3) In the cases governed by section 325a (1) sentence 5 and by section 340l (2) sentence 6, it may be demanded in an individual case that a translation into German be submitted.

(4) If the verification pursuant to subsection (1) sentence 1 obtains that none or not all of documents to be disclosed have been transmitted, then the administrative authority competent in each case for pursuing proceedings for the imposition of coercive fines pursuant to sections 335, 340o and 341o will be notified.

Subdivision 5
Power to issue statutory instruments for form sheets and other provisions

←→ also move between sections