Auditing - Statutory Special Audits

In addition to the classic annual audit, additional statutory auditing obligations may arise. Learn more about the individual statutory special audits in our article.

Audit of Contributions in Kind

For the foundation or capital increase of a company, not only money but also physical items or intangible assets can be contributed (contributions in kind). These must be audited by an approved auditor and their value must be confirmed in writing (audit report).

Capital Increase Audit

The law provides for three different options for increasing the share or participation capital: the ordinary, the approved, and the conditional capital increase. In cases where subscription rights are restricted during ordinary or approved capital increases, in conditional capital increases as well as for contributions in kind or asset transfers, the capital increase report must be audited by an approved audit expert.

Capital Reduction Audit

In the case of a capital reduction, it must be verified whether the claims of the creditors are still covered after the capital reduction. It is also mandatory to draft a written report to determine if the capital reduction is justified, which is then submitted to the board of directors. This report primarily serves to protect the creditors, ensuring their claims are still covered after the capital reduction.

Audits under the Merger Act

Adjustments to legal structures through mergers, conversions and divisions are regulated in the Merger Act. The associated audit mainly serves to protect shareholders or minority interests and the creditors. In most cases, restructurings under the Merger Act must be audited by an audit expert. Key aspects include the exchange ratio and the appropriateness of the valuation method.

Audit of Interim Balance Sheet in Case of Overindebtedness

In the event of a justified fear of potential overindebtedness, an interim balance sheet must be prepared by the company. This is presented to the auditor and based on this, a decision is made whether to notify the competent judge.

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