Initial application of amended provisions

(1) Sections 7, 9, 11, 13(3) sentence 2, and section 21, as amended by the Accounting Law Reform Act of 4 December 2004 (Federal Law Gazette I p. 3166), apply for the first time to the financial year beginning after 31 December 2004. Section 315a(2) of the Commercial Code, as amended by the Accounting Law Reform Act of 4 December 2004 (Federal Law Gazette I p. 3166), in conjunction with section 11(6) sentence 1 number 2 of this Act, as so amended, applies for the first time to the financial year beginning after 31 December 2006. The versions of section 11(6) number 2 of this Act and section 292a of the Commercial Code applicable until 9 December 2004 apply for the last time to the financial year beginning before 1 January 2005; Article 58(5) sentence 2 of the Introductory Act to the Commercial Code applies accordingly. Insofar as section 5(1) sentence 2, (2), section 6(1), section 9(1) sentence 1, section 10 sentence 1 number 2, section 13(2), section 14(1) and section 15 of this Act refer to provisions of the Commercial Code listed in Article 58(2) to (4) of the Introductory Act to the Commercial Code, the transitional rules laid down in that latter provision apply accordingly. Insofar as section 13(2) sentence 1 of this Act refers to section 297(1) of the Commercial Code, Article 58(5) sentence 1 of the Introductory Act to the Commercial Code applies accordingly; this does not apply where the parent undertaking is a legally capable partnership or a sole trader.
(2) Sections 2, 9, 12, 15, 20 and 21, as amended by the Act on Electronic Commercial and Cooperative Registers and the Company Register of 10 November 2006 (Federal Law Gazette I p. 2553), in the version applicable from 1 January 2007, apply for the first time to the financial year beginning after 31 December 2005. Sections 2, 9, 12, 15, 20 and 21, in the version applicable until the entry into force of the Act on Electronic Commercial and Cooperative Registers and the Company Register on 1 January 2007, apply for the last time to the financial year beginning before 1 January 2006. Insofar as sections 2, 9, 15, 20 and 21 refer to provisions of the Commercial Code listed in Article 61 of the Introductory Act to the Commercial Code, the transitional rules laid down in that latter provision otherwise apply accordingly.
(3) Insofar as sections 5, 6, 13 and 20, as amended by the Accounting Law Modernisation Act of 25 May 2009 (Federal Law Gazette I p. 1102) and in their previously applicable version, and insofar as provisions of this Act not amended by the Accounting Law Modernisation Act, refer to provisions of the Commercial Code, the transitional rules under Articles 66 and 67 of the Introductory Act to the Commercial Code relating thereto apply accordingly. As regards section 11 of this Act, the transitional rules under Article 66(3) and (5) of the Introductory Act to the Commercial Code relating to section 290 of the Commercial Code apply accordingly. The same applies to Article 66(3) sentence 6 of the Introductory Act to the Commercial Code.
(4) For section 21, as amended by the Act Amending the Commercial Code of 4 October 2013 (Federal Law Gazette I p. 3746), Article 70(3) of the Introductory Act to the Commercial Code applies accordingly.
(5) Sections 5, 9, 11, 13(3) and (4), and sections 14, 17 and 20, as amended by the Accounting Directive Implementation Act of 17 July 2015 (Federal Law Gazette I p. 1245), apply for the first time to annual and consolidated financial statements for financial years beginning after 31 December 2015. Sections 5, 9, 11, 13, 14, 17 and 20, in the version applicable until 22 July 2015, remain applicable to financial years beginning before 1 January 2016.
(6) Section 7 sentences 5 and 6 need not be applied for as long as all members of the supervisory board and of the audit committee were appointed before 17 June 2016.
(7) Sections 11, 13, 17 and 20, as amended by the CSR Directive Implementation Act of 11 April 2017 (Federal Law Gazette I p. 802), apply for the first time to annual and consolidated financial statements, and management and group management reports, for the financial year beginning after 31 December 2016. The provisions referred to in sentence 1, in the version applicable until 18 April 2017, apply for the last time to management and group management reports for the financial year beginning before 1 January 2017.
(8) Sections 1, 2 and 5, as applicable from 1 July 2021, apply for the first time to annual financial statements and management reports for the financial year beginning after 31 December 2021. Insofar as section 6, as applicable from 1 July 2021, and section 14, not amended by the Financial Market Integrity Strengthening Act, refer to provisions of the Commercial Code, the transitional rules under Article 86(1) to (3) of the Introductory Act to the Commercial Code relating thereto apply accordingly. Insofar as section 7 sentence 5, as applicable from 1 July 2021, refers to section 100(5) and section 107(4) of the Stock Corporation Act, the transitional rules under section 12(6) and section 26k(2) of the Introductory Act to the Stock Corporation Act relating thereto apply accordingly. Section 20, as applicable from 1 July 2021, applies for the first time to regulatory offences relating to accounting documents and statutory audits for the financial year beginning after 31 December 2021.
(9) Sections 2, 9, 10, 12, 15, 20 and 21, as applicable from 1 August 2022, apply for the first time to accounting documents for the financial year beginning after 31 December 2021. The provisions referred to in sentence 1, in the version applicable up to and including 31 July 2022, apply for the last time to accounting documents for the financial year beginning before 1 January 2022.