Disclosure Obligations

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Disclosure Obligations

Ordinary partnerships (limited partnerships, KG including GmbH & Co. KG and OHG), and sole proprietors are only required to publish their financial statements if they are particularly large enterprises and fulfil at least two of the following criteria:

  • balance sheet total exceeds EUR 65 million,
  • sales revenue exceeds EUR 130 million,
  • labor force of more than 5,000 employees.
Stock corporationsare divided into three groups, each subject to different publication obligations.

Small stock corporations Public disclosure is necessary if two of the following three criteria are fulfilled: a balance sheet total of EUR 3,438,000, sales of EUR 6,875,000, and an average annual staff of 50. Companies must publish an annual balance sheet, abridged notes to the accounts (§ 329 German commercial code), proposals and resolutions regarding appropriation of profits.
Medium-sized stock corporations Public disclosure is necessary when two of the following three criteria are fulfilled: balance sheet total between EUR 3,438,000 and EUR 13,750,000, sales between EUR 6,875,000 and EUR 27,500,000, and a labor force of 50 to 250 staff. Companies must disclose an annual balance sheet, statement of earnings, status report, official auditor’s certificate, supervisory board report and proposals and resolutions regarding appropriation of profits.
Large stock corporations Public disclosure is necessary when two of the following three threshold values are exceeded: balance sheet total EUR 13,750,000, sales of EUR 27,500,000, and 250 employees. Companies, including stock corporations whose stock is traded on the stock exchange, must disclose annual balance sheet, statement of earnings, status report, official auditor’s certificate, supervisory board report and proposals and resolutions regarding appropriation of profits.
 

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