Special provisions relating to the annual financial statements and the management report

(1) Where an AIF, alone or jointly with other AIF, acquires control over a non-listed company or an issuer under section 287(1) in conjunction with section 288(1), the AIF capital management company is obliged 1. to request, and use its best endeavours to ensure, that the annual financial statements and, where legally required, the management report of the non-listed company are prepared, within the period provided for the preparation of these documents under the relevant national legislation, in accordance with subsection (2), supplemented by the information under subsection (2), and made available by the company's legal representatives to the employee representatives or, where there are no such representatives, to the employees themselves, or 2. to include, for each relevant AIF, in the notes to the annual financial statements provided for under section 148, or the annual report provided for under section 158, additionally the information named in subsection (2) concerning the relevant non-listed company.
(2) The additional information under subsection (1), point 2, must contain at least a report on the position of the non-listed company at the end of the period covered by the annual financial statements or annual report, presenting the company's course of business in such a way as to give a true and fair view. The report should also contain the following information: 1. events of particular significance that have occurred since the end of the financial year, 2. the likely development of the company, and 3. the information on the acquisition of own shares named in Article 22(2) of the Second Council Directive of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (77/91/EEC) (OJ L 26, 31.1.1977, p. 1).
(3) The AIF capital management company must 1. request, and use its best possible endeavours to ensure, that the legal representatives of the non-listed company make the information under subsection (1), point 2, concerning the relevant company available to either the employee representatives of the relevant company or, where there are no such representatives, to the employees themselves, within the period named in section 148 in conjunction with section 120(1), or in section 158 in conjunction with section 135(1), or 2. make the information under subsection (1), point 2, available to the investors of the AIF, insofar as already available, within the period named in section 148 in conjunction with section 120(1), or in section 158 in conjunction with section 135(1), and in any case no later than the date by which the annual financial statements and the management report of the non-listed company are to be prepared under the relevant national legislation.