(1) Section 58 (1) is to be applied accordingly to the report on company formation on the basis of contributions in kind (section 5 (4) of the Act on Limited Liability Companies), while Section 75 (1) is to be applied accordingly to the formation report (section 32 of the Stock Corporation Act).
(2) In the case of a stock corporation or a public partly limited partnership having been newly formed, the audit by the members of the management board and of the supervisory board (section 33 (1) of the Stock Corporation Act) as well as the audit by one or several auditors (section 33 (2) of the Stock Corporation Act) also is to extend to the matter of whether the liabilities of the sole trader exceed his or her assets.
(3) In order to allow the auditors to establish whether the liabilities of the sole trader exceed his or her assets, the sole trader is to provide the auditors with an inventory balancing his or her assets against his or her liabilities. Insofar as this is required for the audit, the inventory is to be broken down into parts. Section 320 subsection (1) sentence 2 and subsection (2) sentence 1 of the Commercial Code applies accordingly if there is cause to assume that assets listed in the inventory have been overstated, or that liabilities have not been included therein, or not fully and completely.