Participation report; provision by municipality
Municipalities, counties and districts must prepare an annual report on their shareholdings in companies with a legal form under private law if they own at least five percent of the shares in a company.
Stand: 08.12.2023. Link zum BayernPortal
Informationen
In accordance with the provisions of Art. 94 Para. 3 of the Municipal Code, each municipality must prepare an annual report on its shareholdings in companies with a legal form under private law if the shareholding amounts to at least 5%. The same applies to each district in accordance with Art. 82 Para. 3 of the District Code and for each district in accordance with Art. 80 Para. 3 of the District Code.
The reporting should focus on information on the fulfillment of the public purpose in accordance with Art. 87 of the municipal code (or Art. 75 of the county code or Art. 73 of the district code), the shareholding structure, the composition of the corporate bodies, the remuneration of the individual members of the managing corporate body in accordance with Art. 94 Para. 1 No. 5 of the municipal code (or Art. 82 Para. 1 No. 5 of the county code or Art. 80 Para. 1 No. 5 of the district code), the earnings situation and borrowing.
The participation report of the municipality, county or district does not serve a control function, but is intended to ensure that the fulfillment of municipal tasks remains transparent for the municipality and for the citizens despite spin-offs under private law.
Art. 94 Municipal Code for the Free State of Bavaria (Gemeindeordnung - GO)
Art. 87 Municipal Code for the Free State of Bavaria (Gemeindeordnung - GO)
Art. 82 County Code for the Free State of Bavaria (County Code - LKrO)
Art. 75 County Code for the Free State of Bavaria (County Code - LKrO)
Art. 80 District Code for the Free State of Bavaria (District Code - BezO)
Art. 73 District Code for the Free State of Bavaria (District Code - BezO)
BTM Investment Management
Staff unit in Ref. II of the City of Erlangen