(1) Unless otherwise provided for by the provisions of this Subdivision, credit institutions are to apply to their annual financial statements the provisions applicable to large share capital companies of Subdivision 1 of Division 2 even if they are not operated in the legal form of a share capital company. Moreover, credit institutions are to draw up a management report pursuant to the provisions applicable to large share capital companies.
(1a) A credit institution is to supplement its management report by a non-financial statement if it qualifies as a large credit institution by analogous application of section 267 (3) sentence 1 and (4) to (5), and if it employs more than 500 employees (average for the year). Where the non-financial statement constitutes a separate chapter of the management report, the credit institution may refer to the non-financial information included elsewhere in the management report. Section 289b (2) to (4) and sections 289c to 289e apply accordingly.
(1b) A credit institution that is to draw up a corporate governance statement pursuant to subsection (1) read in conjunction with section 289f (1) is to include therein the particulars set out in section 289f (2) no. 6 if it qualifies as a large credit institution by way of section 267 (3) sentence 1 and (4) to (5) being applied accordingly. A credit institution that is a cooperative is to apply section 289f (4) 289f (4), subject to the stipulations of section 9 (3) and (4) of the Act on Cooperatives (Genossenschaftsgesetz).
(2) Section 264 (3), sections 264b, 265 (6) and (7), section 267, section 268 (4) sentence 1, (5) sentences 1 and 2, section 276, section 277 (1), (2), (3) sentence 1, section 284 (2) no. 3, section 285 nos. 8 and 12, section 288 do not apply. Instead of section 247 (1), sections 251, 266, 268 (7), section 275, section 284 (3), section 285 nos. 1, 2, 4, 9 (c) and number 27, the form sheets and other provisions issued by statutory instrument are to be applied. Section 246 (2) is not to be applied if deviating provisions are in place. Section 285 number 31 does not apply; earnings and expenditures arising outside the usual course of business are to be shown in the items “extraordinary earnings” and “extraordinary expenditures.” These items are to be explained in the notes with regard to their amount and their nature insofar as the amounts reported are not immaterial for the assessment of the profit or loss.
(3) Insofar as credit institutions draw up interim financial statements that are to be subjected to an auditor’s review in order to identify interim profits or losses within the meaning of Article 26 (2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176 of 27 June 2013, p. 1), the accounting standards applicable to annual financial statements apply to them. The provisions applying to the appointment of the statutory auditor are to be applied accordingly to the auditor’s review. The auditor’s review is to be structured such that, assuming professional due diligence is applied, it can be ruled out that the interim financial statements contradict the accounting standards in material ways. The statutory auditor is to summarise the results obtained by the auditor’s review in a certification. Section 320 and section 323 apply accordingly.
(4) Additionally, credit institutions are to provide the following information in the notes to the annual financial statements:
1. all mandates held in supervisory committees legally required to be instituted of large share capital companies (section 267 (3)) by legal representatives or other employees;
2. all participating interests in large share capital companies comprising more than 5 per cent of the voting rights.