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New version applies from 29/06/2006 — introduced by Directive 2006/43/EC. 54 provisions change. Later versions: 05/09/2006, 01/01/2007, 16/07/2009, 19/07/2013. Article 38 changes in this version: compare with the current text.

Article 38

Article 38

1.Consolidated accounts, duly approved, and the consolidated annual report, together with the opinion submitted by the person responsible for auditing the consolidated accounts, shall be published for the undertaking which drew up the consolidated accounts as laid down by the laws of the Member State which govern it in accordance with Article 3 of Directive 68/151/EEC.

2.The second subparagraph of Article 47 (1) of Directive 78/660/EEC shall apply with respect to the consolidated annual report.

3.The following shall be substituted for the second subparagraph of Article 47 (1) of Directive 78/660/EEC: "It must be possible to obtain a copy of all or part of any such report upon request. The price of such a copy must not exceed its administrative cost".

4.However, where the undertaking which drew up the consolidated accounts is not established as one of the types of company listed in Article 4 and is not required by its national law to publish the documents referred to in paragraph 1 in the same manner as prescribed in Article 3 of Directive 68/151/EEC, it must at least make them available to the public at its head office. It must be possible to obtain a copy of such documents upon request. The price of such a copy must not exceed its administrative cost.

5.Articles 48 and 49 of Directive 78/660/EEC shall apply.

6.The Member States shall provide for appropriate sanctions for failure to comply with the publication obligations imposed in this Article. Transitional and final provisions

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