Annual financial statements and management report; power to issue statutory instruments

(1) The provisions of the First Subdivision of the Second Division of Book Three of the Commercial Code apply to the annual financial statements and the management report of an investment stock corporation with variable capital, save as otherwise follows from the following provisions. The legal representatives of a UCITS investment stock corporation with variable capital must draw up the annual financial statements and the management report no later than four months, and the legal representatives of an AIF retail investment stock corporation with variable capital and a special investment stock corporation with variable capital no later than six months, after the end of the financial year. Section 264(1), fourth sentence, (3) and (4), of the Commercial Code does not apply.
(2) The balance sheet must be drawn up in report form. Section 101(1), third sentence, point 1, applies to the classification, recognition, and valuation of assets and liabilities comparable to the collective investment fund (investment holdings).
(3) Section 101(1), third sentence, point 4, applies to the classification and presentation of expenses and income in the profit and loss account.
(4) The notes must be supplemented by the particulars under section 101(1) — for special investment stock corporations with variable capital, without the particulars under section 101(1), third sentence, point 6 — that are not already required to be made under subsections (3), (5), and (6). For retail investment stock corporations with variable capital, the particulars under section 101(2) must be included in the notes.
(5) In addition to the particulars named in subsections (1) to (4) and (6), the particulars under section 101(3) must also be made in the notes to the annual financial statements of an AIF investment stock corporation with variable capital. Section 101(3), second sentence, applies. In addition to the particulars named in subsections (1) to (4) and (6), the particulars under section 101(4) must also be made in the notes to the annual financial statements of a UCITS investment stock corporation with variable capital, with the proviso that the UCITS investment stock corporation with variable capital takes the place of the domestic UCITS collective investment fund in section 101(4), point 1.
(6) The management report must be supplemented by the particulars under section 101(1), second sentence. The activities that a capital management company carries out as an external capital management company must be listed separately.
(7) Insofar as the AIF investment stock corporation with variable capital is obliged, under section 114 of the Securities Trading Act, to prepare an annual financial report, only the particulars under subsections (3) to (6) must additionally be made available to investors on request. The transmission of these particulars may take place separately or in the form of a supplement to the annual financial report. In the latter case, the annual financial report must be published no later than four months after the end of the financial year.
(8) The Federal Ministry of Finance is empowered, in agreement with the Federal Ministry of Justice and Consumer Protection, to issue, by statutory instrument not requiring the consent of the Bundesrat, further provisions on further content, scope, and presentation of the annual financial statements and the management report, and on the manner of their submission to the Federal Institute, insofar as this is necessary for the performance of the Federal Institute's tasks, in particular in order to obtain uniform documentation for assessing the activity of the investment stock corporation with variable capital. The Federal Ministry of Finance may transfer this power by statutory instrument to the Federal Institute.