(1) Persons who,
1. acting in the capacity of senior manager within the meaning of section 1 (2) of the Banking Act of a credit institution or financial services institution within the meaning of section 340 (4) sentence 1, or in the capacity of senior manager within the meaning of section 2 (36) of the Securities Institutions Act of a securities institution within the meaning of section 340 (4a) sentence 1, or in the capacity of senior manager within the meaning of section 1 (8) sentences 1 and 2 of the Payment Services Oversight Act of an institution within the meaning of section 1 (3) of the Payment Services Oversight Act or acting in the capacity of owner of a financial services institution within the meaning of section 340 (4) sentence 1 operated in the legal form of sole trader, or of a securities institution within the meaning of section 340 (4a) sentence 1, fail to comply with section 340l (1) sentence 1 read in conjunction with section 325 subsection (1) sentence 2 and subsections (1a) to (5) concerning the duty to disclose the annual financial statements, the management report, the consolidated financial statements, the consolidated management report and other accounting documents, or who
2. acting in the capacity of senior manager of branch offices within the meaning of section 53 (1) of the Banking Act fail to comply with section 340l (1) or (2) concerning the disclosure of the accounting documents
are to be urged by the Federal Office of Justice to do so by imposing a coercive fine.
(2) Sections 335 to 335b are to be applied accordingly subject to the proviso that the aggregate turnover within the meaning of section 335 (1a) sentence 1 number 2 is the following:
1. in the case of enterprises that draw up their annual financial statements in accordance with the provisions of commercial law or according to the laws of another Member State of the European Union or of some other state party to the Agreement creating the European Economic Area in conformity with Council Directive 86/635/EEC, the total amount of those items posted that, according to the provisions of commercial law applicable to the enterprise or according to the domestic laws applicable to the enterprise, correspond to the items set out in in Article 27 numbers 1, 3, 4, 6 and 7 or Article 28 letter (B) nos. 1 to 4 and 7 of Council Directive 86/635/EEC,
2. in cases not set out in number 1, the amount of the turnover resulting from the application of those accounting standards that, under the relevant domestic laws, govern the drawing-up of the annual financial statements of the enterprise
Subdivision 2
Supplementary provisions for insurance enterprise and pension funds