Don’t forget to enter your financial statements in the public roll of deeds, lest you commit an administrative offense under the Accounting Act
Companies which are registered in the Commercial Register must lodge with the roll of deeds their financial statements or their assets and liabilities statement and annual report.
An amendment to the Accounting Act categorizes companies by total assets, revenues, and average staff, depending on which they fall into one of four categories: micro, small, medium, and large companies. Depending on this differentiation, companies draw up full or abridged financial statements, and it is in such full or abridged version that they are to be published. Companies who are obliged to have their financial statements certified by an auditor shall publish them in the audited scope. Small and micro enterprises, who are not obliged to have their financial statements certified by an auditor, newly won’t have to publish any profit and loss statement.
Companies which are subject to statutory auditing shall publish their financial statements within 30 days from the day on which the auditor issued an opinion and the management appended its confirmation (however, in any case no later than within twelve months from the balance date of the to-be-published annual statements).
Companies who are under no such obligation to have their financial statements audited shall file them with the roll of deeds no later than by 30 November 2017 (for the fiscal period that began in 2015).
The records which are to be lodged with the roll of deeds should be sent to the register court which has jurisdiction over the company (depending on its seat), in electronic PDF format. In so doing, each individual document (deed) is to be submitted as one PDF document, i.e., don’t divide one deed into several documents nor merge several deeds into one PDF. These files themselves can then be sent to the court via databox, e-mail, portal for online submissions, or physical media (data carriers).
A company which fails to lodge its financial statements with the roll of deeds is committing an administrative offense, which carries a fine of up to 3 % of the asset value of the company.
Source: Accounting Act; Roll of deeds