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Part 2 · Accounts of groups › Section 12

Commencement and duration of the obligation to prepare consolidated accounts

(1) Section 2(1) sentences 1 and 3 applies mutatis mutandis to the commencement and duration of the obligation to prepare accounts under this Part.
(2) The legal representatives of a parent undertaking for which, as at a balance sheet date, at least two of the three criteria in section 11(1) are met, must transmit without delay, electronically (section 12(2) of the Commercial Code), to the body maintaining the company register, the declaration for entry in the company register that two of the three criteria in section 11(1) are met as at that balance sheet date; section 11(2) sentence 2 applies accordingly. The legal representatives of the parent undertaking must likewise transmit a corresponding declaration, without delay and electronically, to the body maintaining the company register for entry there, for each of the following two balance sheet dates, where the criteria are also met as at that balance sheet date.
(3) The court must appoint examiners to investigate whether a parent undertaking must prepare accounts under this Part where there is reason to assume that the parent undertaking is obliged to prepare accounts under this Part. Where the parent undertaking has a supervisory board, that board, in addition to the parent undertaking's legal representatives, must also be heard before the appointment. Section 2(3) sentences 3 to 7 applies mutatis mutandis.

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