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von Göler (Hrsg.) / / § 42

§ 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 must indicate the share capital as subscribed capital.

(2) The company’s right to collect additional contributions from the shareholders is to 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 is to be entered separately on the asset side under receivables and is to be designated ʻadditional contributions called inʼ if payment is anticipated. An amount corresponding to the asset side is to be entered separately on the liabilities side and designated ʻcapital reservesʼ

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

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