Examination by the supervisory board

Where the undertaking has a supervisory board, the legal representatives must, without delay after receipt of the auditor's report, submit the annual financial statements, the management report and the auditor's report to the supervisory board. The supervisory board must examine the annual financial statements and the management report; it must report in writing on the result of its examination. Section 170(3), section 171(1) sentences 2 and 3, (2) sentences 2 to 5, and (3) of the Stock Corporation Act apply mutatis mutandis. Sentences 1 to 3 also apply to separate financial statements under section 9(1) sentence 1 of this Act in conjunction with section 325(2a) of the Commercial Code; section 171(4) sentence 1 of the Stock Corporation Act also applies mutatis mutandis to such financial statements. Where the undertaking is a public-interest entity under section 316a sentence 2 number 1 of the Commercial Code and has a supervisory board, section 100(5) and section 107(4) of the Stock Corporation Act also apply accordingly. The audit committee must address the tasks described in section 107(3) sentences 2 and 3 of the Stock Corporation Act.