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Book 3 · Commercial records  ›  Division 3 · Supplementary provisions for registered cooperatives › Section 336

Duty to draw up annual financial statements and a management report

(1) The board of management of a cooperative is to supplement the annual financial statements (section 242) by notes that, together with the balance sheet and the profit and loss account, form a single whole; the board also is to draw up a management report. The annual financial statements and the management report are to be drawn up in the course of the first five months of the financial year for the past financial year. Where the cooperative is publicly traded within the meaning of section 264d and where it does not issue exclusively the debt instruments covered by section 327a, the time limit stipulated by sentence 2 will amount to four months.

(2) Unless otherwise provided for in the present Division, the following provisions are to be applied accordingly to the annual financial statements and the management report:

1.  section 264 (1) sentence 4 half-sentence 1 and (1a) and (2),

2.  sections 265 to 289e, to the exception of section 277 (3) sentence 1 and section 285 number 17,

3.  section 289f (4), subject to the stipulations of section 9 (3) and (4) of the Act on Cooperatives (Genossenschaftsgesetz).

Other provisions called for by the line of business remain unaffected. Cooperatives meeting the criteria for classification as micro share capital companies pursuant to section 267a (1) (micro cooperatives) may apply the eased requirements for micro share capital companies, subject to the more detailed stipulations of section 337 (4) and section 338 (4).

(3) Section 330 (1) concerning the issuance of statutory instruments applies accordingly.

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