(1) Credit institutions are to disclose, in German, the annual financial statements and the management report as well as the consolidated financial statements and the consolidated management report and the other documents designated in section 325, insofar as they are to be prepared, in accordance with section 325 subsection (1) sentence 2 and subsections (1a) to (5), as well as sections 327a and 328; section 329 (1), (2) and (4) applies accordingly. Credit institutions that are not branch offices moreover are to disclose the documents designated in sentence 1 in every other Member State of the European Community and in every other state party to the Agreement creating the European Economic Area in which they have established a branch office. The disclosure pursuant to sentence 2 is governed by the laws of the respective Member State or state party.
(2) Branch offices located within the territorial scope of this statute that were established by enterprises having their seat in some other state are to disclose the documents designated in subsection (1) sentence 1 of their main office, which have been drawn up and audited pursuant to the laws of the state in which the main office has its seat, in accordance with section 325 subsection (1) sentence 2 and subsections (1a) to (5), as well as sections 327a and 328; section 329 applies accordingly. Enterprises having their seat in a third state within the meaning of section 3 (1) sentence 1 of the Act on the Profession of Auditors, whose securities within the meaning of section 2 (1) of the Securities Trading Act are admitted by a domestic stock exchange to trading on the regulated market, moreover are to disclose a certification from the Chamber of Public Accountants pursuant to section 134 (2a) of the Act on the Profession of Auditors certifying the registration of the statutory auditor or a confirmation from the Chamber of Public Accountants pursuant to section 134 (4) sentence 8 of the Act on the Profession of Auditors confirming the statutory auditor’s having been exempted from the registration obligation. Sentence 2 does not apply insofar as exclusively debt instruments within the meaning of section 2 (1) no. 3 of the Securities Trading Act
1. are admitted by a domestic stock exchange to trading on the regulated market at a minimum denomination of 100,000 euros each or in a corresponding amount in another currency or
2. are admitted by a domestic stock exchange to trading on the regulated market at a minimum denomination of 50,000 euros each or in a corresponding amount in another currency, and these debt instruments have been issued prior to 31 December 2010.
Branch offices located within the territorial scope of this statute established by enterprises having their seat in a state that is not a member of the European Community and also not a state party to the Agreement creating the European Economic Area are not required to disclose separate financial reporting documents pursuant to subsection (1) sentence 1 relating to their own business operations if the documents to be disclosed pursuant to the sentences 1 and 2 have been drawn up and audited pursuant to a legal regime brought in conformity with Council Directive 86/635/EEC or if they are equivalent to the documents drawn up pursuant to one of these legal regimes. The documents are to be transmitted in German. Insofar as German is not the official language at the seat of the main office, the documents of the main office also may be transmitted
1. in English, or
2. as a copy authenticated by the register competent for the main office, or,
3. where no institution exists that is comparable to a register or where that institution is not competent to authenticate documents, as a copy certified by an auditor, together with the declaration that either no institution comparable to a register exists or that the institution is not competent to authenticate documents;
a certified translation into German of the authentication by the register is to be transmitted.
(3) Section 339 is not to be applied to credit institutions that are cooperatives.
(4) Where a credit institution takes recourse to the reporting option pursuant to section 325 (2a) sentence 1, this calls for section 325 (2a) sentences 3 and 5 to be applied with the following provisos:
1. The provisions of Subdivision 1 of Division 2 of the Book 3 set out in section 325 (2a) sentence 3 are to be applied also to credit institutions that are not operated in the legal form of a share capital company.
2. Section 285 number 8 (b) does not apply; however, the staff costs for the financial year are to be stated in the notes to the standalone financial statements pursuant to section 325 (2a) in accordance with the classifications pursuant to form sheet 3, in the item “General administrative expenditures” sub-item letter a “Staff costs,” of the Ordinance on Financial Reporting by Credit Institutions in the version as published on 11 December 1998 (Federal Law Gazette I p. 3658), as amended, unless this information has been set out separately in the profit and loss account.
3. Instead of section 285 number 9 (c), section 34 (2) no. 2 of the Ordinance on Financial Reporting by Credit Institutions in the version as published on 11 December 1998 (Federal Law Gazette I p. 3658), as amended, applies.
4. The provision of section 340a (4) additionally applies to the Notes.
5. In all other regards, the provisions of Titles 2 to 4 of this Subdivision as well as of the Ordinance on Financial Reporting by Credit Institutions do not apply.