Annual report; power to issue statutory instruments

(1) The capital management company must prepare for the open-ended investment limited partnership, even where section 264a of the Commercial Code does not apply to it, an annual report in accordance with the following subsections as at the end of each financial year, no later than six months after the end of the financial year. The annual report consists at least of 1. the annual financial statements prepared in accordance with the following subsections and audited by an auditor, 2. the management report prepared in accordance with the following subsections and audited by an auditor, 3. a declaration by the legal representatives of the open-ended investment limited partnership corresponding to the requirements of section 264(2), third sentence, and section 289(1), fifth sentence, of the Commercial Code, and 4. the auditor's confirmations under section 136.
(2) The provisions of the First Subdivision of the Second Division of Book Three of the Commercial Code apply to the annual financial statements of the open-ended investment limited partnership, and the provisions of section 289 of the Commercial Code apply to the management report, save as otherwise follows from the following provisions. Section 264(1), fourth sentence, (3), (4), and section 264b of the Commercial Code do not apply.
(3) 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.
(4) Section 101(1), third sentence, point 4, applies to the classification and presentation of expenses and income in the profit and loss account.
(5) The notes must be supplemented by the particulars under section 101(1), without the particulars under section 101(1), third sentence, point 6, that are not already required to be made under subsections (3), (4), (6), and (7).
(6) The notes must additionally contain the particulars under section 101(3). Section 101(3), second sentence, applies.
(7) 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.
(8) Insofar as the open-ended investment limited partnership is obliged, under section 114 of the Securities Trading Act, to prepare an annual financial report, only the supplementary particulars under subsections (5) to (7) must additionally be provided to investors on request. The transmission of these particulars may take place separately, no later than four months after the end of the financial year, or in the form of a supplement to the annual financial report.
(9) The other assets of the partners (private assets) may not be included in the balance sheet, and the expenses and income attributable to private assets may not be included in the profit and loss account.
(10) For the internally managed open-ended investment limited partnership within the meaning of subsection (1), first sentence, the balance sheet and the profit and loss account must show a separate presentation of the investment operating assets and the investment assets, and of the expenses and income attributable to them.
(11) 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 open-ended investment limited partnership. The Federal Ministry of Finance may transfer this power by statutory instrument to the Federal Institute.