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Who prepares annual accounts, and in which size class

The module’s worked examples, then cases to attempt before revealing their solution · 2 sections · 279 words · 3 min

Worked example

The average headcount of an engineering GmbH

Leaving trainees aside, the GmbH employs 44 people on 31 March, 47 on 30 June, 49 on 30 September and 52 on 31 December, two of them in a branch in Austria. The sum is 192 and a quarter of it is 48. The five trainees are left out, the two employees abroad are counted. At 48 the GmbH stays below the staff limit of 50.

Practical case

Small or already medium-sized?

A GmbH that has existed for years, with the calendar year as its financial year, was undisputedly small at 31 December 2024. At 31 December 2025 it reports a balance sheet total of 7,800,000 €, revenue of 17,100,000 € and an average of 48 employees. Which size class does it belong to for its 2025 annual accounts, and what would have to happen in 2026 to change that?

Hint: First count how many criteria of the small company are exceeded, then check on how many reporting dates in a row.

Show the solution

The balance sheet total is above 7,500,000 € and revenue is above 15,000,000 €; only staff, at 48, stays below 50. At 31 December 2025 the GmbH therefore exceeds two of the three criteria of § 267(1) HGB. Under § 267(4), first sentence, HGB the consequences only apply, however, if this happens on two consecutive reporting dates. At 31 December 2024 it was small, and there has been no formation. For 2025 it therefore remains small. If it again exceeds two criteria at 31 December 2026, it is medium-sized for 2026, with a management report and a statutory audit.

Answer: Small corporation for 2025; medium-sized only if it again exceeds two criteria at 31.12.2026

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