Ordnungsgeld (Disclosure)

The Ordnungsgeld (Disclosure) is a fine imposed by the Federal Office of Justice when corporations, GmbH & Co. KG, or AG fail to meet their statutory disclosure obligations for the annual financial statements on time. Following a warning notice, the balance sheet, profit and loss statement, and management report must be submitted electronically to the Federal Gazette within six weeks, otherwise the Ordnungsgeld is imposed. The amount ranges from €2,500 to €25,000 per fiscal year and statement according to § 335 HGB, but can be imposed multiple times in case of continued delay. Important keyword: Reinstatement – those who were late without fault can file an objection within two weeks of notification and request an extension or withdrawal of the notice. Companies should provide evidence such as medical certificates, IT disruptions, or changes of tax advisors for a successful defense. Caution: The Ordnungsgeld should not be confused with the coercive fine under § 14 HGB for register filings. To avoid high costs, negative credit ratings, and reputational damage, it is advisable to plan the annual financial statements proactively, ensure timely provision of all documents to the tax advisor, and continuously monitor the disclosure deadline.