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Part 16 · Monitoring of Corporate Financial Statements, Publication of Financial Reports  ›  Chapter 1 · Monitoring of corporate financial statements › Section 109

Result of the Bundesanstalt's examination

(1) Where the Bundesanstalt's examination reveals that the financial reporting is erroneous, the Bundesanstalt establishes the error. The Bundesanstalt may further establish how the financial reporting would have appeared without the error.
(2) The Bundesanstalt announces the error established, together with a finding under subsection (1), second sentence, naming the undertaking concerned, together with the material parts of the reasoning, without delay,
1. on its website, and
2. in a national stock-exchange gazette or by way of an electronically operated information dissemination system that is widely used by credit institutions, by undertakings operating under section 53(1), first sentence, of the Banking Act, by other undertakings having their seat in Germany and admitted to trading on a domestic stock exchange, and by insurance undertakings. The announcement of the reasoning may not contain personal data. The Bundesanstalt refrains from an announcement where there is no public interest in it. The Bundesanstalt may, consistently with the substantive accounting provisions, order that the error is to be corrected, having regard to the Bundesanstalt's legal opinion, by restating the statement or report for the examined financial year, or in the next statement or report. Where the undertaking remedies the error announced under the first sentence, the Bundesanstalt likewise announces this in the manner stated there. Announcements under the first and fifth sentences must also be transmitted without delay to the body responsible for the company register, for entry in the company register.
(3) Where the Bundesanstalt's examination gives rise to no objections, the Bundesanstalt notifies this to the undertaking. The Bundesanstalt announces the examination result under subsection (2), first sentence, where it has previously announced the examination. The announcement under the second sentence must also be transmitted without delay to the body responsible for the company register, for entry in the company register.
(4) The Bundesanstalt deletes the information announced on its website under subsection (2), first and fifth sentences, and under subsection (3), second sentence, ten years after its announcement.

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