When are financial statements void?
Mit dem Jahresabschluss wird die Buchführung eines jeden Geschäftsjahres abgeschlossen. Der Jahresabschluss hat große Relevanz, unter anderem, weil er die gesamtwirtschaftliche Situation eines Unternehmens repräsentiert. Ein Jahresabschluss kann jedoch auch nichtig sein. Wir von der Steuerkanzlei Martin Bleckmann in Köln erklären Ihnen, ab wann das der Fall ist und welche rechtlichen Folgen ein nichtiger Jahresabschluss mit sich bringt.
The most important things in brief
- An annual financial statement can be declared null and void for various reasons, including deficiencies in content.
- Criminal consequences may be a result of an invalid financial statement.
- With an independent auditor, you are on the safe side and comply with all legal requirements.
From when are annual financial statements considered void?
When we talk about financial statements, there are two forms of invalidity. The first form relates to Convening deficiencies of the shareholders' meeting. The second form relates to deficiencies in content. An annual financial statement is considered void if No shareholders' meeting convened was. However, the following aspects also void an annual financial statement:
- Not all shareholders were called to the meeting
- an incompetent person has convened the shareholders
- Statutory regulations on the convocation power were disregarded
What are the reasons for a void financial statement?
There are various reasons that can lead to a void annual financial statement. On the one hand, this concerns formal mistakes. Financial statements are always subject to formal requirements that must be met. If there are errors here, the annual financial statements can be declared void, for example if the Notes to the financial statements are missing.
The annual financial statements are reviewed by an independent auditor. That person must actually be independent. However, should the examiner, for example, have more Services for operations , this independence is in question. Lack of independence from the annual auditor or to the auditor may result in an annual financial statement being declared null and void.
Tax laws and other legal bases must always be complied with. This also applies to the accounting requirement. If there are violations here, this is also a reason to annul an annual financial statement. The same applies to Misinformation or those that are not clearly attributable. This is the case, for example, when the company's economic transactions not properly documented were.
What are the legal consequences of a void annual financial statement?
The legal consequences of a void annual financial statement vary and also depend on why they were declared null and void. Insofar Damages caused by the annulled annual financial statements If this occurs, the company can be held liable for this. But also Criminal consequences are possible, primarily when a company has intentionally included false information in its annual financial statements.
A further consequence of a void annual financial statement may be loss of reputation be. Because if an annual financial statement is void due to knowingly provided false information, the Trust in the company be significantly affected.
When are financial statements void? Our Conclusion
Different facts may result in an annual financial statement being declared null and void. This includes Convening deficiencies of the shareholders' meeting as well as Substantive points. This could be, for example, a missing appendix or a violation of the accounting obligation. Void financial statements may Criminal and other consequences Drag with you.
We recommend that you have the annual financial statements prepared and always one Professional in the field To consult. Whether subject to an audit or on a voluntary basis — the team at Martin Bleckmann tax office will provide you with advice and assistance with the annual financial statements so that you Don't worry about a possible invalidity have to do.
