Auditing under the Real Estate Agents and Property Developers Ordinance (MaBV)

Business operators according to § 34c Section 1 Sentence 1 Numbers 3a and 3b of the German Trade Regulation Act (GewO) (known as property developers or construction supervisors) are required under §16 of the Real Estate Agents and Property Developers Ordinance (MaBV), to have their compliance with obligations from §§2 to 14 MaBV audited, provided they have conducted activites requiring a license.

The audit covers the entire calendar year, regardless of differing fiscal years. The audit report must be submitted to the relevant authority (in Lower Saxony, this is the Chamber of Industry and Commerce) by December 31st of the following year.

In partnerships without separate legal personality in the commercial law sense (e.g., GbR, OHG, KG), all managing partners are generally subject to audit requirements. Therefore, each licensed partner must be audited in accordance with §16 MaBV. In a typical GmbH & Co. KG structure, it is not the KG but the general partner GmbH that is subject to audit requirements.

At Treuhand Weser-Ems GmbH Wirtschaftsprüfungsgesellschaft, we offer a fully digital document exchange, enabling us to provide timely and remote services.

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