Disclosure obligation according to DiRUG
and cost-effective fulfillment with eBilanz-Online
What changes will there be for submitters in terms of disclosure under DiRUG?
The implementation of the “Act Implementing the Digitalization Directive” (DiRUG) brings some changes for filers in terms of disclosure. From December 31, 2021, accounting documents and company reports in Germany must be disclosed in the company register instead of the Federal Gazette. This change affects all financial years beginning after this date.
The new disclosure practice is also accompanied by the obligation to carry out a one-off electronic identity check for all submitters. Every natural person wishing to submit data to the company register must identify themselves beforehand. Without this identification, it will no longer be possible to disclose annual financial statements or other documents once DiRUG comes into force.
Three identification procedures will be made available from 01.08.2022:
- an automatic video-based identification procedure,
- an assisted video-based identification procedure and
- eID (electronic identity card).
Is it possible to implement the disclosure obligation according to DiRUG with eBilanz-Online?
With eBilanz-Online you have the possibility to fulfill the disclosure obligation according to DiRUG in a simple and uncomplicated way. You can create the disclosure file and transmit it directly to the company register. The costs for transferring the disclosures correspond to the current price model for transferring the e-balance sheet or DiFin, which you can find here.
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Disclosure to the company register/ Federal Gazette
Am I or my company subject to disclosure requirements? Do the annual financial statements have to be filed or published?
- What do I have to submit?
- When do I have to submit?
- Where do I have to submit?
The parts of the report to be disclosed must be selected when the transaction is created and can be changed later in transaction management. Depending on the size category of the company (see Section 267 HGB), components for disclosure are already preselected as a proposal and can be added individually.
Company size classes: Amendment of the HGB thresholds
With retroactive effect for financial years beginning after December 31, 2022, the legislator has adjusted the size criteria in the German Commercial Code (HGB). By adjusting the size criteria, the legislator is complying with European legal requirements.
- What scope must the annual financial statements have?
- Does the company have to be audited by an auditor?
- And how must the annual financial statements be published?
All of these questions arise from the size of the company. Due to the new regulation, this may have to be reassessed in order to determine whether a company is micro, small, medium-sized or large.
Basically, the smaller a company is, the less effort is required!
It is therefore advantageous for many companies to carry out a reassessment, as they may fall out of the audit obligation if they are only classified as a small company after the increase.
The HGB recognizes four size categories, which are primarily defined in Sections 267 and 267a HGB.
For example, micro-corporations in accordance with Section 267a HGB, which do not have to prepare notes and only have to file them. Small, medium-sized and large corporations, on the other hand, are subject to mandatory auditing and must submit a management report to the company register in addition to other information.
New threshold values
In order to slip into a different class, a company must exceed or fall below two of three criteria on two consecutive reporting dates. The number of employees remains unchanged.
For micro-corporations in accordance with Section 267a HGB:
Balance sheet total: EUR 450,000 (previously EUR 350,000)
Turnover: EUR 900,000 (previously EUR 700,000)
Annual average number of employees: 10
For small corporations in accordance with Section 267 (1) HGB:
Balance sheet total: EUR 7,500,000 (previously EUR 6,000,000)
Turnover: EUR 15,000,000 (previously EUR 12,000,000)
Annual average number of employees: 50
For medium-sized corporations in accordance with Section 267 (2) HGB:
Balance sheet total: EUR 25,000,000 (previously EUR 20,000,000)
Turnover: EUR 50,000,000 (previously EUR 40,000,000)
Annual average number of employees: 250
In addition, the company is a large corporation.
Further information can be found in the Balance Sheet Navigator on the publication platform.
What are the benefits of generating an additional disclosure file with eBilanz-Online?
By merging e-balance sheet and disclosure processes, you save administrative effort, as separate processes would cause additional work. Furthermore, eBilanz-Online generates a file in a structured data format. This gives you the lowest price for disclosure.
What does the disclosure cost?
To generate the disclosure file in eBilanz-Online, you must activate the relevant period. This is calculated with a credit per period.
Costs will also be incurred later for disclosure via www.publikations-plattform.de. Please refer to the terms and conditions and price list on the website of the Federal Gazette at www.bundesanzeiger.de.
How can I exercise commercial law options regarding the level of detail in the balance sheet?
If you derive data for disclosure to the Federal Gazette from the e-balance sheet module, eBilanz-Online automatically exercises the options up to the minimum scope required by law. You can use the “Customize processing and transfer level” function to expand the balance sheet structure to meet your individual requirements.
