§ 57d Entry of capital reserves and retained earnings
(1) The capital reserves and retained earnings which are to be transformed into share capital must be entered in the last annual balance sheet and, if the resolution is based on another balance sheet, also in that balance sheet, as “capital reserves” or “retained earnings” or in the last resolution to appropriate the profit for the year as a transfer to these reserves.
(2) The reserves may not be transformed if the balance sheet on which they are based reports a loss, including a loss carried forward.
(3) Other retained earnings which are intended to serve a specific purpose may be transformed only in so far as this is consistent with their intended purpose.
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