(1) This Subdivision is to be applied to share capital companies having their seat in Germany and to commercial partnerships within the meaning of section 264a (1) having their seat in Germany, if these share capital companies and commercial partnerships are
1. unaffiliated enterprises and have an establishment, a fixed place of business or permanent business operations in at least one other state,
2. ultimate parent enterprises and they or an affiliated enterprise have an establishment, a fixed place of business or permanent business operations in at least one other state, or if they are
3. subsidiary enterprises of ultimate parent enterprises having their seat in a third state and are
a) medium-sized or large within the meaning of section 267 (2) to (4) or
b) exclusively serve the purpose of circumventing the reporting obligations under this Subdivision.
(2) This Subdivision furthermore is to be applied to share capital companies having their seat in a third state that are
1. unaffiliated enterprises or affiliated enterprises, if the ultimate parent enterprise has its seat in a third state, and that
2. have a branch office in Germany
a) the turnover of which within the meaning of section 342b (4) exceeded 12 milllion euros in each of at least two consecutive financial years and did not fall below this amount in either of two consecutive financial years, or that
b) exclusively serves the purpose of circumventing the reporting obligations under this Subdivision.