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Book 3 · Commercial records  ›  Title 5 · Consolidated financial statements, consolidated management report › Section 341j

Applicable provisions

(1) The provisions of Subdivision 2 of Division 2 concerning the consolidated financial statements and the consolidated management report and, unless the nature of the consolidated financial statements does not call for any deviations, sections 341a to 341h concerning annual financial statements as well as the provisions applying to the legal form and the line of business of the enterprises included in the consolidated financial statements and having their seat in the territorial scope of this statute are to be applied accordingly to the consolidated financial statements and the consolidated management report, insofar as they apply to large share capital companies. Section 293, section 298 (1) as well as section 314 (1) nos. 3 and 23 do not apply. Section 314 (1) no. 2a applies with the proviso that the information is not to be provided for those financial obligations that have arisen in the context of the insurance business. In the cases governed by section 315a (1), solely sections 290 to 292, 315a apply, in derogation from sentence 1; sentences 2 and 3 of this subsection and subsection (2), section 341i (3) sentence 2 as well as the provisions of the Ordinance on Financial Reporting by Insurance Enterprises of 8 November 1994 (Federal Law Gazette I p. 3378) and of the Ordinance on Financial Reporting by Pension Funds of 25 February 2003 (Federal Law Gazette I p. 246) as amended do not apply.

(2) The application of section 304 (1) is not required if the deliveries or services have been made at standard market terms and have given rise to legal claims of the insured parties.

(3) Section 170 (1) and (3) of the Stock Corporation Act is to be applied accordingly to insurance enterprises that are not stock corporations, public partly limited partnerships or smaller associations.

(4) An insurance enterprise that is a parent enterprise (section 290) is to supplement the consolidated management report by a consolidated non-financial statement if the enterprises to be included in the consolidated financial statements fulfil the following criteria:

1.  they do not meet the pre-requisites for an exemption stipulated in section 293 (1) sentence 1 number 1 or 2 based on the enterprise’s size, and

2.  they employ a total of more than 500 employees (average for the year).

Section 267 (4) to (5), section 298 (2), section 315b (2) to (4) and section 315c apply accordingly. Where the non-financial statement constitutes a separate chapter of the consolidated management report, the insurance enterprise may refer to the non-financial information set out elsewhere in the consolidated management report.

(5) An insurance enterprise that is to prepare a consolidated corporate governance statement pursuant to subsection (1) read in conjunction with section 315d is to include in it the information stipulated by section 315d read in conjunction with section 289f (2) no. 6 if the enterprises to be included in the consolidated financial statements do not meet the pre-requisites for an exemption stipulated by section 293 (1) sentence 1 no. 1 or 2.

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