General information
1. Basic principles, accounting policies
In accordance with § 315a para. 1 HGB, SOLARWORLD AG prepared its consolidated financial statements pursuant to the International Financial Reporting Standards (IFRS) as applicable in the European Union and in consideration of the commercial law regulations further stated in § 315a para. 1 HGB. All mandatory applicable standards and interpretations were taken into account. IFRS not yet compulsory were not applied.
37. Development of intangible assets and property, plant and equipment
Composition and development of intangible assets and property, plant and equipment can be taken from the following chart:
Fixed assets movement schedule // in k€
| Cost | Amortization and depreciation | ||||||||||||
| As per | Reclassi- | Currency | As per | As per | Reclassi- | Currency | As per | ||||||
| Jan 1, 2008 | fication | Addition | Disposal | difference | Dec 31, 2008 | Jan 1, 2008 | fication | Addition | Disposal | difference | Dec 31, 2008 | ||
| I. Intangible assets | |||||||||||||
| 1. Concessions, industrial property and similar rights and assets, | 10,219 | 152 | 1,869 | 77 | 104 | 12,267 | 7,131 | 0 | 1,012 | 73 | 39 | 8,109 | |
| and licenses in such rights and assets | |||||||||||||
| 2. Goodwill | 34,882 | 0 | 0 | 335 | 0 | 34,547 | 5,295 | 0 | 0 | 335 | 0 | 4,960 | |
| 3. Prepayments | 0 | -133 | 249 | 0 | 0 | 116 | 0 | 0 | 0 | 0 | 0 | 0 | |
| 45,101 | 19 | 2,118 | 412 | 104 | 46,930 | 12,426 | 0 | 1,012 | 408 | 39 | 13,069 | ||
| II. Property, plant and equipment | |||||||||||||
| 1. Land and buildings | 122,190 | 441 | 15,846 | 2,407 | 2,933 | 139,003 | 16,598 | -1,762 | 8,257 | 2,259 | 204 | 21,038 | |
| 2. Technical equipment and machinery | 306,943 | 16,861 | 106,898 | 17,736 | 4,905 | 417,871 | 103,100 | 3,253 | 43,570 | 16,024 | 470 | 134,369 | |
| 3. Other equipment, factory and | 14,453 | -1,544 | 4,523 | 217 | 200 | 17,415 | 8,039 | -1,491 | 2,327 | 75 | 85 | 8,885 | |
| office equipment | |||||||||||||
| 4. Construction in progress and prepayments | 33,753 | -15,777 | 142,208 | 22 | 5,247 | 165,409 | 0 | 0 | 0 | 0 | 0 | 0 | |
| 477,339 | -19 | 269,475 | 20,382 | 13,285 | 739,698 | 127,737 | 0 | 54,154 | 18,358 | 759 | 164,292 | ||
| 522,440 | 0 | 271,593 | 20,794 | 13,389 | 786,628 | 140,163 | 0 | 55,166 | 18,766 | 798 | 177,361 | ||
| Carrying amounts | |||||||||||||
| As per | As per | ||||||||||||
| Dec 31, 2008 | prior year | ||||||||||||
| I. Intangible assets | |||||||||||||
| 1. Concessions, industrial property and similar rights and assets, | 4,158 | 3,088 | |||||||||||
| and licenses in such rights and assets | |||||||||||||
| 2. Goodwill | 29,587 | 29,587 | |||||||||||
| 3. Prepayments | 116 | 0 | |||||||||||
| 33,861 | 32,675 | ||||||||||||
| II. Property, plant and equipment | |||||||||||||
| 1. Land and buildings | 117,965 | 105,592 | |||||||||||
| 2. Technical equipment and machinery | 283,502 | 203,843 | |||||||||||
| 3. Other equipment, factory and | 8,530 | 6,414 | |||||||||||
| office equipment | |||||||||||||
| 4. Construction in progress and prepayments | 165,409 | 33,753 | |||||||||||
| 575,406 | 349,602 | ||||||||||||
| 609,267 | 382,277 | ||||||||||||
| Cost | Amortization and depreciation | ||||||||||||
| As per | Reclassi- | Currency | As per | As per | Reclassi- | Currency | As per | ||||||
| Jan 1, 2007 | fication | Addition | Disposal | difference | Dec 31, 2007 | Jan 1, 2007 | fication | Addition | Disposal | difference | Dec 31, 2007 | ||
| I. Intangible assets | |||||||||||||
| 1. Concessions, industrial property and similar rights and assets, | 8,976 | 641 | 1,564 | 875 | -87 | 10,219 | 6,201 | 496 | 1,096 | 608 | -54 | 7,131 | |
| and licenses in such rights and assets | |||||||||||||
| 2. Goodwill | 37,018 | 0 | 0 | 2,136 | 0 | 34,882 | 5,295 | -31 | 31 | 0 | 0 | 5,295 | |
| 45,994 | 641 | 1,564 | 3,011 | -87 | 45,101 | 11,496 | 465 | 1,127 | 608 | -54 | 12,426 | ||
| II. Property, plant and equipment | |||||||||||||
| 1. Land and buildings | 80,951 | 105 | 45,124 | 966 | -3,024 | 122,190 | 9,537 | 37 | 7,452 | 179 | -249 | 16,598 | |
| 2. Technical equipment and machinery | 280,631 | 11,978 | 28,750 | 11,422 | -2,994 | 306,943 | 79,613 | -2,985 | 31,604 | 4,603 | -529 | 103,100 | |
| 3. Other equipment, factory and | 9,341 | 3,241 | 3,130 | 975 | -284 | 14,453 | 3,927 | 2,483 | 2,624 | 790 | -205 | 8,039 | |
| office equipment | |||||||||||||
| 4. Construction in progress and prepayments | 12,800 | -15,965 | 39,780 | 1,420 | -1,442 | 33,753 | 0 | 0 | 0 | 0 | 0 | 0 | |
| 383,723 | -641 | 116,784 | 14,783 | -7,744 | 477,339 | 93,077 | -465 | 41,680 | 5,572 | -983 | 127,737 | ||
| 429,717 | 0 | 118,348 | 17,794 | -7,831 | 522,440 | 104,573 | 0 | 42,807 | 6,180 | -1,037 | 140,163 | ||
| Carrying amounts | |||||||||||||
| As per | As per | ||||||||||||
| Dec 31, 2007 | prior year | ||||||||||||
| I. Intangible assets | |||||||||||||
| 1. Concessions, industrial property and similar rights and assets, | 3,088 | 2,775 | |||||||||||
| and licenses in such rights and assets | |||||||||||||
| 2. Goodwill | 29,587 | 31,723 | |||||||||||
| 32,675 | 34,498 | ||||||||||||
| II. Property, plant and equipment | |||||||||||||
| 1. Land and buildings | 105,592 | 71,414 | |||||||||||
| 2. Technical equipment and machinery | 203,843 | 201,018 | |||||||||||
| 3. Other equipment, factory and | 6,414 | 5,414 | |||||||||||
| office equipment | |||||||||||||
| 4. Construction in progress and prepayments | 33,753 | 12,800 | |||||||||||
| 349,602 | 290,646 | ||||||||||||
| 382,277 | 325,144 | ||||||||||||
38. Intangible assets
Goodwill recognized in intangible assets results from the acquisition of DEUTSCHE SOLAR AG in 2000. The goodwill is attributed to the Cash Generating Unit (CGU) ”wafer-production“.
39. Property, plant and equipment
As per balance sheet date, leased property, plant and equipment to be capitalized did not exist.
40. Investments measured at equity
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Joint Solar Silicon Verwaltungs GmbH | 11,166 | 6,346 |
| Solarparc AG | 8,285 | 12,757 |
| SolarWorld Korea Ltd. | 4,683 | 0 |
| Gällivare PhotoVoltaic AB | 4,564 | 0 |
| RGS Development BV | 1,261 | 2,193 |
| Scheuten SolarWorld Solicium GmbH | 585 | 334 |
| 30,544 | 21,630 |
The investment in the listed SOLARPARC AG is held via SOLARWORLD AG and concerns a 29 % share in assets, result and voting rights. Aside from regenerative power generation, the company’s operations include management, project planning, conceptual design and marketing of solar parks and wind power plants. An impairment of the at equity value in an amount of k€ 4,051 became necessary due to decreased stock market valuation. SOLARWORLD AG’s profit share amounted to k€ 18 (prior year: k€ 545) in the reporting year. Attributable equity amounted to k€ 7,262 (prior year: k€ 7,522). The fair value of the investment in SOLARPARC AG derived from its stock market price amounted to k€ 8,285 (prior year: k€ 16,229) at balance sheet date.
The investment in JOINT SOLAR SILICON VERWALTUNGS GmbH (jssi GmbH) is held via SOLARWORLD AG and concerns a 49 % share in the assets and result. In 2008, jssi GmbH has taken over the business acitivities of Joint Solar Silicon GmbH & Co. KG (JSSI KG) by way of upstream merger. In prior year, the only function of jssi GmbH has been the one of the partner with unlimited liability. Therefore, prior year figures refer to JSSI KG. jssi GmbH’s purpose is the joint development of solar silicon production with Evonik Degussa GmbH, which holds the remaining shares. SOLARWORLD AG’s share in the loss amounted to k€ 1,175 (prior year: k€ 1,208). Attributable equity amounted to k€ 11,166 (prior year: k€ 5,783).
The investment in RGS DEVELOPMENT B.V. is held by DEUTSCHE SOLAR AG. The interest concerns a 35 % share in the assets and result. The company’s purpose is the joint development of a new process for producing silicon wafers for use in solar cells. There are two further Dutch shareholders, holding 35 % and 30 %. DEUTSCHE SOLAR AG’s share in the loss for the year amounted to k€ 991 (prior year: k€ 1,078). Attributable equity amounted to k€ 546 (prior year: k€ 1,986).
SOLARWORLD AG holds the investment in SCHEUTEN SOLARWORLD SOLICIUM GmbH, which concerns a 50 % share in the assets and result. The company’s purpose is the joint development of a process for processing metallurgical silicon to high purity solar silicon. SOLARWORLD AG’s share in the loss amounted to k€ 157 (prior year: k€ 216). Attributable equity amounted to k€ 335 (prior year: k€ -8).
The investment in gällivare photovoltaic ab is held by SOLARWORLD AG. After selling 65 % of the shares in January 2008, SOLARWORLD AG holds a mere 35 % per December 31, 2008 and therefore has a 35 % share in the investee’s assets and results. The company operates a module plant. SOLARWORLD AG’s share in the profit for the year amounted to k€ 1,376 (prior year: k€ 0). Attributable equity amounted to k€ 3,613 (prior year: k€ 0).
The investment in SOLARWORLD KOREA LTD. is held by SOLARWORLD AG and concerns a 50 % share in the assets and result. The company also operates a module plant. SOLARWORLD AG’s share in the loss amounted to k€ 721 (prior year: k€ 0). Attributable equity amounted to k€ 5,204 (prior year: k€ 0).
The investments in JOINT SOLAR SILICON VERWALTUNGS GmbH, RGS DEVELOPMENT B.V., SCHEUTEN SOLARWORLD SOLICIUM GmbH and SOLARWORLD KOREA LTD. are jointly controlled entities in terms of IAS 31 as all significant decisions regarding business and finance policy can only be made in unison.
We refer to item 61 as regards the disclosures on related parties.
The following chart includes summarized financial information regarding the investments measured at equity:
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Attributable assets | 62,663 | 31,791 |
| Attributable liabilities | 35,300 | 16,493 |
| Attributable revenue | 27,011 | 10,314 |
| Attributable profit or loss for the year | -4,562 | -1,959 |
41. Deferred tax assets
Deferred tax assets are calculated in accordance with IAS 12 (Income Taxes). Impairments on deferred tax assets have not been required. The development of deferred tax assets is included in the comments on tax expenses.
42. Inventories
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Raw materials and supplies | 56,521 | 33,693 |
| Work in process | 39,156 | 45,663 |
| Finished goods and merchandise | 50,220 | 24,084 |
| Prepayments | 377,869 | 246,613 |
| 523,766 | 350,053 |
Finished goods of the Group in terms of the aforestated itemization only concern photovoltaic modules and wafers at DEUTSCHE SOLAR AG.
Of the prepayments, a partial amount of k€ 333.972 (prior year: k€ 233.271) will not be due to be set off with raw material supplies for more than 12 months after balance sheet date.
43. Trade receivables
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Trade receivables | 66,860 | 106,509 |
| Receivables from construction contracts | 4,359 | 6,413 |
| 71,219 | 112,922 |
The following chart illustrates the aging structure of the receivables:
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Neither past due nor impaired | 60,431 | 88,525 |
| Past due but not impaired | ||
| up to 30 days | 6,528 | 14,624 |
| between 31 and 60 days | 2,034 | 4,372 |
| between 61 and 90 days | 234 | 97 |
| between 91 and 180 days | 1,230 | 4,222 |
| between 181 and 360 days | 737 | 1,006 |
| exceeding 360 days | 3 | 73 |
| Impaired | 22 | 3 |
| 71,219 | 112,922 |
We did not identify any indications requiring valuation allowances for those trade receivables not impaired. Approximately half of the receivables included in the cluster ”between 91 and 180 days“ were paid in the course of preparation of the financial statements. Those receivables included in the cluster ”between 181 and 360 days“ concern security deposits in connection with completed major projects.
Valuation allowances developed as follows:
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| As per Jan 1 | 629 | 225 |
| Utilization | -47 | -24 |
| Net additions/reversals | 739 | 428 |
| Currency difference | -82 | 0 |
| As per Dec 31 | 1,239 | 629 |
44. Income tax receivables
Tax receivables concern refund claims for corporation and trade tax paid or corresponding foreign taxes due to excessive prepayments and necessary changes to the tax assessment of previous business years.
45. Other receivables and assets
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| VAT receivables | 5,808 | 951 |
| Residual receivable sale Gällivare PhotoVoltaic AB | 5,775 | 0 |
| Tax credit claims | 4,822 | 0 |
| Deferred items | 1,869 | 1,410 |
| Electricity tax refund | 1,699 | 1,165 |
| Suppliers with debit balances | 267 | 126 |
| Others | 924 | 1,347 |
| 21,164 | 4,999 |
Financial assets included in other receivables and assets are not significantly past due. The residual receivable from the sale of gällivare photovoltaic ab was settled within the period of preparation of the financial statements.
46. Other financial assets
Accrued interest receivables, fixed-term deposits and securities in the form of investment funds, assignable loans and certificates are recognized in this item. They fall upon the following asset categories:
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Money market and similar investments | 89,638 | 102,657 |
| Debt securities and similar investments | 303,569 | 409,766 |
| Real estate funds | 0 | 14,026 |
| Derivative financial instruments | 6,924 | 411 |
| of which in a hedging relationship: k€ 6,924 (prior year: k€ 411) | ||
| Other financial assets | 4,283 | 2,135 |
| 404,414 | 528,995 |
Money market and similar investments include shares in an investment fund (Oppenheim ABS Fund) that are categorized as financial assets designated as at fair value through profit or loss. Payment of the return price and its calculation and publication was temporarily suspended per balance sheet date and until the time of preparation of the financial statements. Until the end of the preparation of the financial statments, an active market did also not exist for most of the securities included in the fund’s portfolio. In addition, no valid market data was available for measuring the fund shares in application of the discounted cash flow method. Thus, starting point for determining the fair value of the fund shares was an indicative value determined by the fund management company while this indicative value, in turn, was derived from indicative measurements of the portfolio’s individual securities. For validating this value, alternative computations were carried out on the basis of discounted cash flow procedures in application of market data from different sources. Likewise, development of the fund management company’s indicative value after the balance sheet date was assessed. In consideration of these analyses, fund shares were measured at k€ 23,238 (prior year: k€ 55,027) per balance sheet date. This amount equals a valuation ranging 13 % below the one that would result in application of the fund management company’s indicative value.
Moreover, SOLARWORLD AG’s securities portfolio contains an assignable loan of an international business bank with a nominal value of m€ 32.5. The security is categorized as financial asset designated as at fair value through profit or loss. In the meantime, the debtor filed for insolvency due to the international financial crisis. On the basis of an actual purchase proposal, the security was recognized at k€ 1,300 (prior year: k€ 30,250) per balance sheet date. For the rest and as regards the investment strategy, measurement and risks, we refer to our comments on financial instruments in items 5, 13 and 58.
Other financial assets include accrued interest receivable as well as liability insurances in an amount of k€ 1,051 the latter being recognized in compliance with IFRIC 14 and IAS 19.
47. Liquid funds
Liquid funds almost entirely concern bank balances. As per balance sheet date, these were invested in – mostly short-term – fixed term deposits and day-to-day money at different banks.
48. Assets and liabilities of assets held for sale
| in k€ | 2008 | 2007 |
| Noncurrent assets of discontinued operations | 0 | 2,964 |
| Current assets of discontinued operations | 0 | 8,106 |
| Assets of discontinued operations | 0 | 11,070 |
| Property, plant and equipment held for sale | 572 | 660 |
| Assets held for sale | 572 | 11,730 |
| Noncurrent liabilities of discontinued operations | 0 | 1,714 |
| Current liabilities of discontinued operations | 0 | 1,556 |
| Liabilities of assets held for sale | 0 | 3,270 |
The prior year’s assets and liabilities of discontinued operations concern the assets and liabilities of gällivare photovoltaic ab. In this regard, we also refer to our comments in item 34. The disclosures concern assets and liabilities after elimination of intercompany accounts.
Property, plant and equipment held for sale concern several facilities that are no longer employed in the manufacturing or research process and are scheduled for sale in the short run. Impairments and losses of k€ 1,332 were recognized with regard to assets held for sale. These mainly result from research facilities of the Munich research location, which was shut down in the course of the reporting year. The remaining amount equals the expected net realizable value and results from market observations with regard to used machinery of this kind. Impairments and losses are recognized in other operating expenses.
49. Equity
Subscribed capital
Per balance sheet date, the capital stock amounts to m€ 111.72 (prior year: m€ 111.72) and exclusively comprises common stock, a total of 11,720,000 non-par bearer shares.
The shareholders’ meeting of May 24, 2007 decided an increase in capital stock from m€ 55.86 to m€ 111.72 from company resources. The capital increase was entered in the commercial register on June 22, 2007.
Authorized capital
The shareholders’ meeting of May 25, 2005 authorized the Executive Board to increase – upon approval of the Supervisory Board – the capital stock by a total of € 2,100,000.00 until December 31, 2009. After partial utilization of the authorization granted by the shareholders’ meeting of May 25, 2005 in the scope of a capital increase in 2006, the remaining approved capital amounts to € 1,510,000.00.
At the shareholders’ meeting of May 24, 2006, the Executive Board was authorized to increase – upon approval of the Supervisory Board – the capital stock by a total of € 5,472,500.00 until December 31, 2010.
At the shareholders’ meeting of May 24, 2007, the Executive Board was authorized to increase – upon approval of the Supervisory Board – the capital stock by a total of € 20,947,500.00 until December 31, 2011.
At the shareholders’ meeting of May 21, 2008, the Executive Board was authorized to increase – upon approval of the Supervisory Board – the capital stock by a total of € 27,930,000.00 until December 31, 2012.
Conditional Capital
SOLARWORLD AG does not have any conditional capital.
Own shares
By resolution of the shareholders’ meeting of May 21, 2008, the Executive Board was authorized to purchase own shares. In accordance with § 71 para. 1 No. 8 AktG, the authorization is subject to a fixed-term and expires per 12 midnight of November 21, 2009, and is limited to an extent of up to 10 % of the capital stock. The earlier authorization for acquisition of own shares, granted by resolution of the shareholders’ meeting of May 24, 2007, was revoked as of the new authorization taking effect.
Other reserves
Exchange reserve
The exchange reserve includes differences arising from currency translation in the course of translating financial statements of foreign subsidiaries.
IAS 39 reserve
An amount of k€ 9,148 of the reserve are gains and losses from hedging relations that were classified as highly effective in the scope of cash flow hedges. Also included is an amount of k€ 286 resulting from the change in fair value of assets available for sale. With regard to deferred taxes set off against the IAS 39 reserve, we refer to item 32.
Dividend suggestion
The Executive Board suggests the distribution of a dividend of € 0.15 per share for the reporting year 2008. The payment of this dividend depends on the approval of the shareholders’ meeting in May 2009 and will, if approved by the shareholders, amount to some m€ 16.8.
50. Noncurrent and current financial liabilities
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Issued promissory note loans | 407,888 | 421,137 |
| Issued senior notes (US-Private Placement) | 126,045 | 118,678 |
| Bank loans | 153,401 | 82,017 |
| Bonds | 9,042 | 9,286 |
| Derivative financial instruments | 2,407 | 9,707 |
| of which in a hedging relationship: k€ 1,100 (prior year: k€ 9,707) | ||
| Others | 760 | 340 |
| 699,543 | 641,165 |
Bank loans are hedged by customary chattel mortgages of property, plant and equipment and inventories as well as by land charge creation in an amount of m€ 24,3 (prior year: m€ 35,2) that are the respective group companies’ responsibility.
Other financial liabilities contain an amount of k€ 42 for a financial guarantee issued by SOLARWORLD AG.
51. Accrued investment grants
The item includes accrued investment subsidies and investment grants as well as accrued tax credits, even to the extent to which they are to be reversed in the course of the following year because they exclusively concern property, plant and equipment.
The investment subsidies and investment grants are subject to a number of requirements. Based on today’s knowledge, all of those requirements will be met. Thus, repayment obligations are not expected to arise.
52. Noncurrent and current provisions
| As per | Currency | As per | ||||
| in k€ | Jan 1, 2008 | Utilization | Reversal | Addition | difference | 31, 2008 |
| Warranties | 9,628 | 1,273 | 83 | 3,136 | 76 | 11,484 |
| Pensions | 7,823 | 267 | 0 | 356 | 0 | 7,912 |
| Building restoration obligations | 4,899 | 73 | 184 | 171 | 233 | 5,046 |
| Pending losses from onerous contracts | 0 | 0 | 0 | 1,378 | 0 | 1,378 |
| Other provisions | 524 | 99 | 81 | 2,797 | -3 | 3,138 |
| 22,874 | 1,712 | 348 | 7,838 | 306 | 28,958 |
The provision for warranties is set up for specific individual risks, for the general risk of being called upon in accordance to statutory warranty regulations and performance guarantees granted with regard to photovoltaic modules sold. The provision for the risk of being called upon for performance guarantees is set up in an amount of .25 % of all of SOLARWORLD Group’s module revenue. Due to the noncurrent nature of the provision (performance guarantees are granted for a period of 25 years), it is subject to compounding at matched maturity interest rate.
The provision for building restoration obligations concerns tenant fixtures that have to be removed by SOLARWORLD Group after expiration of the lease term. Due to the noncurrent nature of the provision, it is subject to compounding at matched maturity interest rate.
Other provisions include provisions for risks of litigation in an amount of k€ 2,555 (prior year: k€ 0), which concern possible claims from pending legal disputes.
Provisions for pending losses from onerous contracts include expected losses from rental and service agreements.
Pension provisions
Pension provisions include promises of retirement benefits to employees of the Group on the basis of direct compensation. The pension claims earned depend on the amount of pay at the time of retirement.
The following measurement parameters were uniformly used as a basis for calculating the DBO (defined benefit obligation):
| in % | Dec 31, 2008 | Dec 31, 2007 |
| Discount rate | 5.5 | 5.4 |
| Future salary increase | 2.5 | 2.5 |
| Future pension increase | 2.0 | 2.0 |
The Heubeck standard tables RT 2005 G were used with regard to mortality and invalidity.
Reconciliation of the DBO with the balance sheet is illustrated below:
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Present value of funded obligations | 7,407 | 7,419 |
| Unrecognized actuarial gains (+) | 505 | 404 |
| Pension provision | 7,912 | 7,823 |
The following chart illustrates the DBO’s development:
| in k€ | 2008 | 2007 |
| Extent of obligation per Jan 1 | 7,419 | 8,200 |
| Interest cost | 401 | 349 |
| Current service cost | 35 | 82 |
| Benefits paid | -267 | -357 |
| Curtailments | -48 | 0 |
| New actuarial gains (-) | -133 | -855 |
| Extent of obligation per Dec 31 | 7,407 | 7,419 |
Unrecognized actuarial gains (+) and losses (-) are the result of:
| in k€ | 2008 | 2007 |
| As per Jan 1 | 404 | -451 |
| Additions | 133 | 855 |
| Curtailments | -32 | 0 |
| As per Dec 31 | 505 | 404 |
53. Other noncurrent and current liabilities
| in k€ | Dec 31, 2008 | Dec 31, 2007 |
| Customer advances | 286,976 | 169,844 |
| Profit-oriented employee compensation | 34,244 | 24,746 |
| Other personnel obligations | 11,880 | 10,564 |
| Outstanding invoices | 7,675 | 6,759 |
| VAT | 5,585 | 3,546 |
| Claimed contributions | 1,424 | 1,508 |
| Others | 10,204 | 11,223 |
| 357,988 | 228,190 |
54. Deferred tax liabilities
Deferred tax liabilities entirely result from accounting policies for recognition and measurement of assets and liabilities that differ from tax principles. The item’s development is included in the comments on tax expenses.
55. Income tax liabilities
The item includes corporation and trade tax assessed by the tax authorities and calculated or estimated by the group companies as well as corresponding foreign taxes resulting from tax laws, including those amounts that will probably result from tax field audits performed.
With regard to potentially generated future taxable profits of SOLARWORLD INDUSTRIES AMERICA lp, SOLARWORLD Group is additionally burdened with German corporation tax plus solidarity surcharge irrespective of American taxation. This might make for future tax payments in a maximum amount of k€ 19,244 for SOLARWORLD Group. No current or deferred tax liabilities had to be recognized in this respect as these tax payments neither concern the current period or previous periods nor result from temporary differences.
56. Other financial obligations
| in m€ | Dec 31, 2008 | Dec 31, 2007 |
| Financial commitments from raw materials and license agreements | 2,465 | 1,586 |
| Financial commitments from investments in property, plant and equipment | 104 | 138 |
| Financial obligations from lease agreements concluded for several years | 17 | 9 |
| 2,586 | 1,733 |
Per February 29, 2008, SOLARWORLD AG issued an absolute guarantee in an amount of k€ 12,667 for SOLARPARC AG to Deutsche Bank AG, Düsseldorf. The guarantee was accounted for in compliance with the regulations concerning financial guarantees. The respective amount is disclosed in current financial liabilities (item 50).
57. Contingencies and events after the balance sheet date
A comprehensive presentation of corporate risks and events after the balance sheet date is included in the group management report which, in accordance with German laws and regulations, is to be prepared and published at the same time as these consolidated financial statements. Amongst others, the group management report goes into detail with regard to the expectations for future development of selling prices and the overall market.
58. Financial instruments
a) Capital management
A comprehensive presentation of the principles and objectives regarding the Group’s capital management is included in the group management report that, in accordance with German laws and regulations, is to be prepared and published at the same time as these consolidated financial statements. The details are given in the scope of the Group’s financial position.
b) Principles and objectives of financial risk management
With regard to its assets, liabilities and future transactions already set and planned, SOLARWORLD Group is exposed especially to risks from changes of exchange and interest rates. Objective of financial risk management is the limitation of these market risks by way of operating and finance-oriented activities.
For this purpose, harmonization processes are carried out across the Group on a regular basis during which the hedging strategy is aligned with the current situation and uniform group requirements are determined. Selected derivative and non-derivative financial instruments are utilized depending on the respective risk assessment, planning ability regarding future transactions and current market situation. As a basic principle, however, only those risks are addressed that have consequences on the Group’s cash flow.
Derivative financial instruments are exclusively used as hedging instruments but not for trading or speculation purposes. To minimize default risks, hedging agreements are only concluded with leading financial institutions that have a credit rating in the investment grade area.
With regard to the investment of liquid funds, SOLARWORLD Group aims at attaining a rate of return slightly exceeding the money market level. Thus, SOLARWORLD Group basically invests free liquid funds in financial investment products in the form of sight deposits (fixed-term deposits as well as day-to-day money) with financial institutes, investment funds, assignable loans and investment certificates. To limit the risks from changes in market prices, the investments are limited to financial investment products whose risk structure can be allotted to the money or debt securities market. Moreover, central management and broad diversification of the securities portfolio with regard to different market risks works against the establishment of risk concentrations. To minimize default risks, promissory notes and investment certificates are purchased only from leading financial institutions that have a credit rating in the investment grade area.
In the course of the international financial crisis, SOLARWORLD AG has noticeably adjusted its investment policies in favor of sight deposits at German business banks and government bonds.
The financial policy basics are continuously coordinated by the Executive Board and supervised by the Supervisory Board. Implementation of the financial policies and ongoing risk management is managed by the respective departments, which report to the Executive Board on a regular basis.
c) Currency risks
SOLARWORLD Group’s currency risks mainly result from financing measures and operating activities. Foreign currency risks are hedged to the extent to which they influence the group’s cash flows. On principle, risks that result from the translation of assets and liabilities of foreign subsidiaries into the group reporting currency are not hedged. However, hedging of these risks is not entirely ruled out in the future.
In the financing sector, foreign currency risks result from the issuance of senior notes (US Private Placement) in US dollar that, however, were fully hedged by application of an interest/currency swap.
In the operational sector, the individual group companies mostly handle their operations in utilization of the respective functional currency. However, an increasing number of transactions between group companies and at equity investments are conducted in US dollars. Thus, SOLARWORLD Group is increasingly exposed to currency risks. In addition, SOLARWORLD Group is exposed to foreign currency risks in connection with foreign currency transactions already set and planned. These mainly concern transactions in US dollars in connection with supply of raw materials and sale of products. Due to exchange rate-dependant escalator clauses (annual adjustment), they are generally limited.
The existing currency risks are, in part, hedged by way of derivative (exchange rate futures) and non-derivative financial instruments (currency reserves).
For presentation purposes of market risks, IFRS 7 requires sensitivity analyses that show the consequences of hypothetical changes of relevant risk variables on result and equity. In addition to currency risks, SOLARWORLD Group is also subjected to interest rate and market price risks. Periodic consequences are determined by linking the hypothetical changes of the risk variables and the financial instruments’ portfolio per balance sheet date. This is carried out under the assumption that the year-end portfolio is representative of that of the overall year.
Exchange risks in terms of IFRS 7 arise from financial instruments that are denominated in a currency other than the functional currency and are of the monetary type. Differences from the translation of financial statements into group currency caused by exchange rate changes remain unconsidered. In principle, all non-functional currencies in which SOLARWORLD Group holds financial instruments are considered relevant risk variables.
The significant non-derivative financial instruments aside from, in part, liquid funds, are either denominated in functional currency or are translated into functional currency by way of using derivatives. Hence, exchange rate changes basically influence the result only with regard to the liquid funds denominated in foreign currency. Interest income and expenses from financial instruments are also either directly recognized at functional currency or transferred to functional currency by way of using derivatives. Thus, effects on the result cannot emerge in this regard.
However, upon utilization of hedging instruments that are involved in effective cash flow hedge relationships for hedging currency risks, changes in exchange rates have consequences on the hedging reserve (IAS 39 reserve) recognized in equity. As these effects are not caused by currency rate change effects, a sensitivity analysis is not carried out.
Had the Euro been revalued (devalued) towards the US dollar by 10 % per December 31, 2008, the result would have been k€ 1,435 (prior year: k€ 344) lower (higher).
d) Interest rate risk
In the scope of determining the financial policy, the Executive Board decided to take up financial liabilities subject to variable rates only in exceptional cases. The original interest-bearing financial liabilities of SOLARWORLD Group are therefore basically either fixed-interest ones or transferred to fixed interest liabilities via use of derivates. All non-derivative financial liabilities are measured at amortized cost. Thus, the non-derivative interest-bearing financial liabilities are not subject to significant change of interest rate risks in terms of IFRS 7.
Due to the use of hedging instruments that are involved in an effective cash flow hedging relationship for hedging changes of interest rates, however, a change in interest rate level affects the hedging reserve (IAS 39 reserve) recognized in equity. As this is not caused by interest rate risk effects, a sensitivity analysis is not carried out.
Had the market interest rate level been 100 basis points higher (lower) per December 31, 2008, the result would have k€ 240 (prior year: k€ 352) lower (higher).
e) Other price risks
SOLARWORLD Group has a securities portfolio that is subject to various price change risks. The securities are mainly accounted for at fair value. Thus, changes in market prices directly affect profit and loss or the IAS 39 reserve.
Had the market price level of the securities included in the portfolio been lower (higher) by a total of 5 % per December 31, 2008, the result and equity would have been lower (higher) by k€ 3,994 (prior year: k€ 26,428) and k€ 3,482 (prior year: k€ 0), respectively.
f) Default risks
With one exception (compare item 46), the credit ratings of our promissory notes’ and certificates’debtors ranged at Aa (source: Moody’s) per balance sheet date. For the rest, SOLARWORLD Group invested most of its free liquidity in sight deposits at German financial institutions.
In detail, SOLARWORLD Group has the following financial investments:
- Sight deposits in an amount of m€ 498
- Assignable loans from financial institutions amounting to m€ 265 that are accounted for with a value of m€ 231.6.
- Other securities
Oppenheim ABS Fund m€ 23.3
Government bonds m€ 69.7
With regard to all supplies to customers, collateral is required depending on type and amount of the respective service, credit ratings / references are collected or historical data from previous business relations – especially as regards payment behavior – is used for avoiding default in payment. To further limit default risks, receivables from module sales are mostly hedged via credit insurances. Hence, the default risk is regarded rather remote.
For the rest, the maximum default risk equals the carrying amounts.
g) Liquidity risks
For SOLARWORLD Group, liquidity risks arise from the obligation to redeem liabilities in full and in due time. It is therefore the task of the cash and liquidity management to assure the individual group companies’ liquidity at any time.
Cash management for operating activities is carried out in a decentralized manner within the individual business units. SOLARWORLD AG predominantly balances the respective requirements and surpluses regarding the individual units’ means of payment in a centralized way by granting and accepting intergroup loans. Central cash management determines the group-wide financial resources requirements on the basis of business planning. Due to available liquidity and existing credit lines, SOLARWORLD Group is not exposed to significant liquidity risks.
Promissory note loans and senior notes issued by SOLARWORLD AG contain regulations that will grant creditors the right to demand early redemption of the loans if certain financial ratios are not met (covenants). The respective relevant key data is constantly monitored and reported to the Executive Board by group controlling. In the course of the business year, these ratios were continuously exceeded and there are no indications at hand that suggest they might not be met in the future.
The following chart shows the future undiscounted cash flows of financial liabilities that affect the future liquidity status of SOLARWORLD Group.
Interest and redemption payments are taken into account. Interest and redemption payments are based on the contractually stipulated interest and redemption payments. The interest rates last specified prior to December 31, 2008 were used with regard to financial instruments subject to variable rates. The offset cash flows of the respective measurement unit are recognized to the extent to which derivative financial instruments are in an effective hedging relationship with financial liabilities.
| Undiscounted cash flows per Dec 31, 2008 | 2014 | ||||||
| in k€ | Total | 2009 | 2010 | 2011 | 2012 | 2013 | et seq. |
| Issued promissory note loans | 553,136 | 21,271 | 21,215 | 21,222 | 21,257 | 21,236 | 446,935 |
| Issued senior notes | 175,203 | 6,676 | 6,676 | 6,676 | 6,676 | 91,847 | 56,652 |
| (US Private Placement) | |||||||
| Bonds | 10,457 | 605 | 605 | 9,247 | 0 | 0 | 0 |
| Bank loans | 110,592 | 34,101 | 23,996 | 19,337 | 18,075 | 9,442 | 5,641 |
| Derivative financial instruments with no relation | 1,307 | 1,307 | 0 | 0 | 0 | 0 | 0 |
| to financial liabilities | |||||||
| Trade payables | 70,413 | 70,413 | 0 | 0 | 0 | 0 | 0 |
| Other liabilities | 39,432 | 11,946 | 5,237 | 13,243 | 8,632 | 374 | 0 |
| Total | 960,540 | 146,319 | 57,729 | 69,725 | 54,640 | 122,899 | 509,228 |
| Undiscounted cash flows per Dec 31,2007 | 2013 | ||||||
| in T€ | Total | 2008 | 2009 | 2010 | 2011 | 2012 | et seq. |
| Issued promissory note loans | 595,621 | 22,002 | 22,036 | 21,980 | 21,987 | 22,042 | 485,574 |
| Issued senior notes | 181,879 | 6,676 | 6,676 | 6,676 | 6,676 | 6,676 | 148,499 |
| (US Private Placement) | |||||||
| Bonds | 11,359 | 621 | 621 | 621 | 9,496 | 0 | 0 |
| Bank loans | 94,861 | 16,198 | 21,781 | 20,013 | 15,246 | 13,876 | 7,747 |
| Derivative financial instruments with no relation | 2,280 | 2,280 | 0 | 0 | 0 | 0 | 0 |
| to financial liabilities 1) | |||||||
| Trade payables | 32,306 | 32,306 | 0 | 0 | 0 | 0 | 0 |
| Other liabilities | 33,191 | 3,821 | 6,322 | 5,633 | 7,716 | 9,699 | 0 |
| Total | 951,497 | 83,904 | 57,436 | 54,923 | 61,121 | 52,293 | 641,820 |
| 1) deviatingly determined on the basis of expected cash flows | |||||||
h) Fair values, carrying amounts and residual terms of financial instruments by categories
The following chart shows the fair values and carrying amounts of the financial assets and financial liabilities included in the individual balance sheet items:
| Assets Dec 31, 2008 | Measurement categories IAS 39 | ||||||
| Designated as at fair value through profit or loss | Held for trading | Loans and receivables | Available for sale | Derivatives in hedging relations | Total fair values | ||
| Total carrying amounts | |||||||
| in k€ | |||||||
| Trade receivables | 71,219 | 71,219 | 71,219 | ||||
| Other receivables and assets | 6,042 | 6,042 | 6,042 | ||||
| Other financial assets | 79,884 | 0 | 246,905 | 69,650 | 6,924 | 403,363 | 402,921 |
| Liquid funds | 431,689 | 431,689 | 431,689 | ||||
| Total | 79,885 | 0 | 755,855 | 69,650 | 6,924 | 912,313 | 911,871 |
| Assets Dec 31, 2008 | Measurement categories IAS 39 | ||||||
| IFRS 7 not applicable | Total carrying amounts | ||||||
| in k€ | |||||||
| Trade receivables | 71,219 | ||||||
| Other receivables and assets | 15,122 | 21,164 | |||||
| Other financial assets | 1,051 | 404,414 | |||||
| Liquid funds | 431,689 | ||||||
| Total | 16,173 | 928,486 | |||||
| Assets Dec 31, 2007 | Measurement categories IAS 39 | ||||||
| Designated as at fair value through profit or loss | Held for trading | Loans and receivables | Available for sale | Derivatives in hedging relations | Total carrying amounts | Total fair values | |
| in k€ | |||||||
| Trade receivables | 112,922 | 112,922 | 112,922 | ||||
| Other receivables and assets | 126 | 126 | 126 | ||||
| Other financial assets | 484,683 | 16,745 | 27,156 | 411 | 528,995 | 528,227 | |
| Liquid funds | 263,862 | 263,862 | 263,862 | ||||
| Total | 484,683 | 16,745 | 404,066 | 0 | 411 | 905,905 | 905,137 |
| Assets Dec 31, 2007 | Measurement categories IAS 39 | ||||||
| IFRS 7 not applicable | Total carrying amounts | ||||||
| in k€ | |||||||
| Trade receivables | 112,922 | ||||||
| Other receivables and assets | 4,873 | 4,999 | |||||
| Other financial assets | 528,995 | ||||||
| Liquid funds | 263,862 | ||||||
| Total | 4,873 | 910,778 | |||||
| Liabilities Dec 31, 2008 | Measurement categories IAS 39 | ||||||
| Financial liabilities recognized at amortized cost | Held for trading | Derivatives in hedging relations | Total carrying amounts | Total fair values | IFRS 7 not applicable | Total carrying amounts | |
| in k€ | |||||||
| Financial liabilities | 697,136 | 1,307 | 1,100 | 699,543 | 712,178 | 0 | 699,543 |
| Trade payables | 70,413 | 70,413 | 70,413 | 70,413 | |||
| Other liabilities | 34,244 | 34,244 | 34,244 | 323,744 | 357,988 | ||
| Total | 801,793 | 1,307 | 1,100 | 804,200 | 816,835 | 323,744 | 1,127,944 |
| Liabilities Dec 31, 2008 | Term to maturity | ||||||
| up to 1 year | between 1 and 5 years | exceeding 5 years | |||||
| in k€ | |||||||
| Financial liabilities | 24,137 | 48,078 | 627,328 | ||||
| Trade payables | 70,413 | ||||||
| Other liabilities | 65,503 | 183,899 | 108,586 | ||||
| Total | 160,053 | 231,977 | 735,914 | ||||
| Liabilities Dec 31, 2007 | Measurement categories IAS 39 | ||||||
| Financial liabilities recognized at amortized cost | Held for trading | Derivatives in hedging relations | Total carrying amounts | Total fair values | IFRS 7 not applicable | Total carrying amounts | |
| in k€ | |||||||
| Financial liabilities | 631,458 | 9,707 | 641,165 | 638,299 | 0 | 641,165 | |
| Trade payables | 32,306 | 32,306 | 32,306 | 32,306 | |||
| Other liabilities | 24,746 | 24,746 | 24,746 | 203,444 | 228,190 | ||
| Total | 688,510 | 0 | 9,707 | 698,217 | 695,351 | 203,444 | 901,661 |
| Liabilities Dec 31, 2007 | Term to maturity | ||||||
| up to 1 year | between 1 and 5 years | exceeding 5 years | |||||
| in k€ | |||||||
| Financial liabilities | 20,443 | 65,381 | 555,341 | ||||
| Trade payables | 32,306 | ||||||
| Other liabilities | 39,785 | 112,397 | 76,008 | ||||
| Total | 92,534 | 177,778 | 631,349 | ||||
Trade receivables include receivables from construction contracts in an amount of k€ 4,359 (prior year: k€ 6,413).
Most of the trade receivables, other receivables and assets, liquid funds, trade payables as well as the most significant part of the other liabilities in the scope of IFRS 7 have short residual terms. Thus, their carrying amounts per balance sheet date nearly equal their fair values.
Other liabilities include financial liabilities to employees from an internal plan regarding the profit-oriented employee compensation. The liabilities are subject to variable interest rates. Therefore, the fair value at balance sheet date equals the carrying amount.
i) Net gains and losses by measurement category
Net gains and losses of the measurement categories ”financial assets designated as at fair value through profit or loss“ and ”financial assets held for trading“ can be taken from other financial result in item 31. In addition to results from fair value measurement, they also include interest, dividend and currency effects.
In addition to losses from exchange effects mentioned below, net gains and losses of the measurement category ”loans and receivables” mainly contain allowances in an amount of k€ 1,024 (prior year: k€ 604). The latter are included in other operating expenses.
With respect to the measurement categories ”loans and receivables“ and ”financial liabilities measured at amortized cost“, net gains and losses also include losses from currency effects which were not allocated to the individual categories for reasons because of cost and benefit consideration. The balance made for losses from currency effects in an amount of k€ 2,447 (prior year: k€ 2,238). Gains and losses from currency effects are recognized in other operating income and other operating expenses, respectively.
In addition to part of the mentioned losses from currency effects, gains from repayment of financial liabilities in an amount of k€ 1,429 need to be considered in net results of ”financial liabilities measured at amortized cost“. These gains are recognized in ”other financial income“.
Thus, net losses from the measurement categories ”loans and receivables“ and ”financial liabilities measured at amortized cost“ in total amount to k€ 2,042 (prior year: k€ 2,842).
With regard to ”financial assets available for sale“ k€ 286 (prior year: k€ 0) were recognized in the IAS 39 reserve thereby resulting in neither profit nor loss in addition to interest income of k€ 409 (prior year: k€ 0) recognized through profit and loss.
j) Hedging
SOLARWORLD Group concluded an interest rate swap (”static pay – variable receipt“) with a nominal volume of k€ 40,000 for hedging the cash flow risk of a variable interest loan, the term of the swap expiring at the end of 2013. The variable interest bank loan was designated hedged item. This hedging is aimed at transforming the variable interest bank loan in fixed interest financial liabilities. The fair value of the interest rate swap amounts to k€ -1,100 (prior year: k€ 411) at balance sheet date.
For hedging existing currency risks from senior notes denominated in US dollar, SOLARWORLD Group has five cross currency swaps (”static pay in € – static receipt of USD“), the nominal volume of which amounts to a total of kUSD 175,000. The senior notes denominated in US dollar were designated hedged items. The hedging is aimed at transforming the US dollar liabilities regarding the nominal amount as well as the open interest payments to financial liabilities in €. The fair values of the swaps amounted to a total of k€ 6,924 (prior year: k€ -7,427) at balance sheet date.
Proof of prospective effectiveness is provided by way of the critical terms match method. The retrospective effectiveness is regularly provided by means of the hypothetical derivative method. The results of the retrospective effectiveness tests ranged within a scope of 80 to 125 %. Thus, highly effective hedging can be assumed. An unrealized gain of k€ 9,148 (prior year: k€ 3,302) was therefore recognized in equity per balance sheet date.
59. Comments on the cash flow statement
Cash flow from discontinued operations
The cash flow statement shows cash flows including those of discontinued operations. The following cash flow proportions fall upon discontinued operations:
| in k€ | 2008 | 2007 |
| Cash flow from operating activities | 0 | 1,051 |
| Cash flow from investment activities | 12,996 | -451 |
| Cash flow from financing activities | 0 | -676 |
| Net changes in cash and cash equivalents | 12,996 | -76 |
Cash flow from operating activities
Cash flow from operating activities was prepared in accordance with the indirect method. At first, the pretax result used as a starting point is adjusted by earnings and expenses that are not cash-effective. This makes for the cash flow from operating results. Changes regarding prepayments and customer advances, inventories, securities categorized as held for trading and remaining net assets are considered in cash flow from operating result and changes in net assets.
Customer advances and prepayments particularly concern noncurrent selling agreements regarding silicon wafers and noncurrent purchase agreements regarding elemental silicon concluded in a timely connection. The following chart illustrates the cash inflows and outflows resulting therefrom:
| in k€ | 2008 | 2007 |
| Increase in customer advances | 108,425 | 103,598 |
| Increase in prepayments | -119,215 | -131,624 |
| Cash flow decrease (-) | -10,790 | -28,026 |
Interest paid and interest received are included in cash flow from financing activities and cash flow from operating activities, respectively.
Cash flow from investment activities
Cash flow from investment activities includes payments for asset investments as well as investment grants received for this purpose. In addition, the item contains payments in connection with financial investments and cash inflows from the disposal of 65 % of the shares in the subsidiary gällivare photovoltaic ab.
Cash flow from financing activities
Cash flow from financing activities takes into account the increased financial debts. Dividend distributions to the shareholders of SOLARWORLD AG are included as payments. Lastly, interest paid is shown as part of the cash flow from financing activities.
Cash and cash equivalents
Cash and cash equivalents comprise the balance of the liquid funds recognized on the balance sheet in an amount of k€ 431,689 (prior year: k€ 263,862) and of the liabilities due on a daily basis recognized in the item current financial liabilities in an amount of k€ 8,335 (prior year: k€ 0). Part of the prior year’s cash and cash equivalents (k€ 1,718) fell upon discontinued operations.
60. Contingent liabilities
Substantial contingent liabilities did not exist at balance sheet date.
61. Related party disclosures
In the reporting year 2008, the following material transactions involving related parties were carried out:
Administration and commercial property in Bonn was leased from members of the Asbeck family, the annual rent amounting to m€ .6 (prior year: m€ .6). SOLARWORLD AG recognized liabilities of k€ 30 (prior year: k€ 0) at balance sheet date.
In the course of the reporting year, deliveries and services in an amount of m€ 4.8 (prior year: m€ 21.5) were rendered to solarparc group, m€ 5.5 (prior year: m€ 17.8) of which were still unsettled per balance sheet date because one project was brought to account only per year-end and a security deposit for a project of the reporting year 2007 is still outstanding. In addition, SOLARWORLD Group received management and planning services in an amount of k€ 203 (prior year: k€ 195) from SOLARPARC AG.
For interim financing of a project, SOLARWORLD AG issued an absolute guarantee in an amount of k€ 12,667 for SOLARPARC AG to Deutsche Bank AG, Düsseldorf. In the course of the reporting year, SOLARWORLD AG received k€ 326 from SOLARPARC AG for interim financing.
gällivare photovoltaic ab rendered toll manufacturing services in an amount of k€ 15,257 (prior year: k€ 0) for SOLARWORLD Group. Therefrom, liabilities of k€ 5,124 (prior year: k€ 0) existed per balance sheet date. Furthermore, SOLARWORLD Group has received transport services from gällivare photovoltaic ab in amount of k€ 311 (prior year: k€ 0). Therefrom, no liabilities exist any more as of balance sheet date.
In 2008, SOLARWORLD AG issued a short-term loan to a jointly controlled entitiy. As of balance sheet date, the loan amounts to k€ 1,796 (prior year: k€ 0). In the course of the reporting year, SOLARWORLD AG received interest amounting to k€ 10 (prior year: k€ 0) from this jointly controlled entity in this regard. In addition, SOLARWORLD AG made a prepayment to a jointly controlled entity, which, at balance sheet date, is recognized on the balance sheet in an amount of k€ 11,400 (prior year: k€ 0).
SOLARWORLD Group sold cells,raw materials as well as services in an amount of k€ 4,761 (prior year: k€ 472) to jointly controlled entities. Accounts receivable from these transactions amount to k€ 1,138 (prior year: k€ 0) per balance sheet date.
From jointly controlled entities wafers, silicon as well as toll manufacturing services have been purchased in an amount of k€ 6,173 (prior year: k€ 1,149). As of balance sheet date, liabilities from these transactions amount to k€ 343 (prior year: k€ 0).
Deposit obligations with regard to a jointly controlled entity make for liabilities of m€ 1.4 (prior year: m€ 1.5).
The law firm of Schmitz Knoth Rechtsanwälte, Bonn – a party related to the Chairman of the Supervisory Board, Dr. Claus Recktenwald, in terms of IAS 24 – is concerned with SOLARWORLD Group’s legal issues. Upon approval of the Supervisory Board, a total fee amount of m€ .6 (prior year: m€ .4) was rewarded for these services in 2008.
Remuneration of the members of the Executive Board is presented in a separate item or in the remuneration report, which is part of the management report.
All transactions were handled in compliance with the arm’s length principle.
62. Employees
The average number of employees amounted to 1,662 (prior year: 1,410) and falls upon the company’s areas of operation or segments as follows:
| 2008 | 2007 | |
| Wafer production | 915 | 792 |
| Cell production | 223 | 217 |
| Module production | 345 | 249 |
| Trade and Group headquarters | 179 | 152 |
| 1,662 | 1,410 |
Per December 31, 2008, the number of employees amounted to 1,825 (prior year: 1,486), including 83 trainees (prior year: 66).
63. Executive Board and Supervisory Board
For assuming their duties in both parent company and subsidiaries in 2008, the members of the Executive Board received a total remuneration of k€ 2,669 (prior year: k€ 2,504), which includes variable remuneration of k€ 1,815 (prior year: k€ 1,722).
For assuming their duties in both parent company and subsidiaries in 2008, the members of the Advisory Board received remuneration including reimbursements in a total amount of k€ 293 (prior year: 226), each plus statutory VAT. The total includes variable remuneration of net k€ 114 (prior year: k€ 109).
Individualized disclosures regarding the remuneration of the Executive Board are included in the company’s management report.
As in prior year, the Executive Board members are:
Dipl.-Ing. Frank H. Asbeck (Chairman)
Dipl.-Ing. Boris Klebensberger (Operations)
Dipl.-Kfm. tech. Philipp Koecke (Finance)
Dipl.-Wirtschaftsing. Frank Henn (Sales)
At balance sheet date, the Chairman of the Executive Board, Frank H. Asbeck, directly and indirectly held 25 % (prior year: 25 %) of the shares in SOLARWORLD AG.
As in prior year, the Supervisory Board members are:
Dr. Claus Recktenwald (Chairman), Rechtsanwalt and Partner with the partnership Schmitz Knoth, Bonn
Dr. Georg Gansen (Vice-Chairman), Rechtsanwalt / in-house lawyer at Deutsche Post AG, Bonn
Dr. Alexander von Bossel, LL.M (Edinb.); Rechtsanwalt and Partner with CMS Hasche Sigle, Partnerschaft von Rechtsanwälten und Steuerberatern, Cologne
Frank H. Asbeck, Chairman of the Executive Board, is Chairman of the Supervisory Board of DEUTSCHE SOLAR AG as well as of SUNICON AG
Dr. Claus Recktenwald, Chairman of the Supervisory Board, is Chairman of the Supervisory Board of SOLARPARC AG, Vice-Chairman of the Supervisory Board of DEUTSCHE SOLAR AG, Vice-Chairman of the Supervisory Board of SUNICON AG as well as member of the Supervisory Boards of VEMAG Verlags- und Medien Aktiengesellschaft, Cologne, and Wanderer-Werke AG, Augsburg.
Dr. Georg Gansen, Vice-Chairman of the Supervisory Board, is also the Vice-Chairman of the Supervisory Boards of SOLARPARC AG, DEUTSCHE SOLAR AG and SUNICON AG.
Dr. Alexander von Bossel, member of the Supervisory Board, is also a member of the Supervisory Board of SOLARPARC AG.
64. Auditor’s fees
In 2008, the fees of the auditor of the consolidated financial statements, BDO Deutsche Warentreuhand AG Wirtschaftsprüfungsgesellschaft, Hamburg / Bonn, including reimbursement of costs, amount to:
a) Year-end audits k€ 500 (prior year: k€ 535)
b) Other certification and valuation services k€ 11 (prior year: k€ 31)
c) Tax consultancy services k€ 13 (prior year: k€ 59)
d) Other services rendered for the parent company or subsidiaries k€ 4 (prior year: k€ 120)
65. Corporate Governance
On September 29, 2008 and October 20, 2008, Supervisory Board and Executive Board, respectively, issued the statement required by §161 AktG, stating that the recommendations of the “Regierungskommission Deutscher Corporate Governance Kodex” (“Government Commission German Corporate Governance Code”) as announced by the Federal Ministry of Justice were and are complied with. The statement is published on the website of SOLARWORLD AG.
Bonn, 16 March 2009





