von Göler / / Section 42

Section 42 Balance sheet

(1) The balance sheet in the annual financial statements to be prepared in accordance with sections 242 and 264 of the Commercial Code shall indicate the share capital as subscribed capital.

(2) The company’s right to collect additional contributions from the shareholders shall be included in the asset side of the balance sheet to the extent that the collection has already been completed and the shareholders have no right to exemption from payment of additional contributions by making reference to the share. The additional payment to be collected shall be entered separately on the asset side under receivables and shall be designated “additional contributions called in” if payment is anticipated. An amount corresponding to the asset side shall be entered separately on the liabilities side and designated “capital reserves”

(3) Loans, receivables and payables vis-à-vis the shareholders shall generally be entered separately in each case or stated in the annex; if they are shown under other entries, a note shall be made thereof.

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