§ 86 Breach of duties in respect of statutory audits

(1) Whoever, in their capacity as member of a supervisory board or member of an audit committee of a company which is capital market-oriented within the meaning of section 264d of the Commercial Code, a CRR credit institution within the meaning of section 1 (3d), first sentence, of the Banking Act, with the exception of the institutions referred to in section 2 (1), nos 1 and 2, of the Banking Act, or an insurance undertaking within the meaning of Article 2(1) of Directive 91/674/EEC of the Council of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings (OJ L 374, 31.12.1991, p. 7), as last amended by Directive 2006/46/EC (OJ L 224, 16.8.2006, p. 1),

• 1.  carries out one of the acts referred to in section 87 (1) and receives a pecuniary advantage therefor or allows such a pecuniary advantage to be promised to him or
• 2.  persistently repeats one of the acts referred to in section 87 (1),

shall be liable to imprisonment for no more than one year or a fine.

(2) Whoever, in their capacity as member of a supervisory board or member of an audit committee of a company which is capital market-oriented within the meaning of section 264d of the Commercial Code, a CRR credit institution within the meaning of section 1 (3d), first sentence, of the Banking Act, with the exception of the institutions referred to in section 2 (1), nos 1 and 2, of the Banking Act,

• 1.  carries out one of the acts referred to in section 87 (2) or (3) and receives a pecuniary advantage therefor or allows such a pecuniary advantage to be promised to him or
• 2.  persistently repeats one of the acts referred to in section 87 (2) or (3),

shall be liable under the same terms.