On specific occasions, other special statutory audits may be required, such as special audits pursuant to the Aktiengesetz (AktG, German Stock Corporation Act) or the Umwandlungsgesetz (UmwG, Transformation Act). Thanks to our longstanding experience and the on-going training of our staff, we can guarantee the highest level of quality in our consulting services. Our teams are interdisciplinary. This way, you can be sure to have the combined knowledge of our auditors, tax consultants and lawyers at your disposal at all times, ensuring the highest level of professionalism.
We carry out special audits that are required due to capital-related measures and similar processes pursuant to the Transformation Act and related to management.
- Formation audit (§ 33 et seq. AktG)
- Post-formation audit (§ 52 para. 4 AktG)
- Audit of a capital increase from company funds (§ 209 para. 3 AktG, § 57 et seq. para. 2 GmbHG)
- Audit of capital increases against contributions in kind (§§ 183 para. 3, 194 para. 4, 205 para. 3 AktG)
- Audit of the adequacy of the cash compensation in the case of a squeeze-out (§ 327 c AktG)
- Special audit due to an inadmissible undervaluation (§ 258 para. 4 AktG)
- Liquidation audit (§ 270 para. 2 AktG, § 71 para. 2 GmbHG)
BÖHRET SEHMSDORF also assists you with special audits required pursuant to the Transformation Act (UmwG):
- Merger audit (§ 9 UmwG)
- Divestiture/spin-off audit (§ 125 UmwG)
- Change of form audit (§ 208 UmwG)
BÖHRET SEHMSDORF is also at your disposal for any special statutory audits related to management – including those that are not regulated solely by the legal sources indicated below. Laws and regulations pertaining to municipally-owned enterprises of the individual federal states and to various hospital laws are relevant as well:
- Audit pursuant to § 53 of the Haushaltsgrundsätzegesetz (HGrG, German Budgetary Principles Act)
- Audit of management pursuant to § 53 GenG (Cooperative Associations Act)
- Review of the correctness of management measures pursuant to § 142 AktG
- Audit of the dependent company report (§ 313 AktG)
- Audits pursuant to § 16 of the Makler- und Bauträgerverordnung (MaBV, Brokers’ and Commercial Developers’ Ordinance) pursuant to § 34 c GewO (Industrial Code)
- Audit pursuant to § 53 HGrG
§ 53 of the Budgetary Principles Act (HGrG) stipulates that companies under private law with a majority interest held by a local government territorial/public authority (federal government, state government or municipality) must have the management’s activities audited for compliance within the course of the audit of the annual financial statements.
The same often applies for corporations and institutions under public law (municipally-owned enterprises, government-owned enterprises, etc.) due to special regulations.
We audit the following management and functional areas in particular:
- Activities of the supervisory bodies and the type and scope of the reports to these structural and procedural bases
- Planning, information and controlling
- Establishment and function of the risk management
- Use of financial instruments and derivatives
- Internal auditing
- Compliance of the actual management with statutory and other provisions (rules of procedure, resolutions, etc.)
- Investment, procurement and contract award behavior
- Details on assets, financial base and equity base and profitability
BÖHRET SEHMSDORF carries out such audits for cultural and sports facilities, transport companies, associations and municipally-owned enterprises for water supply and wastewater treatment, municipal holding and investment companies, training facilities, technology centers, tourism and marketing companies, cultural foundations, and many more.