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Article L822-9 of the French Commercial code

In registered firms of statutory auditors, the duties of statutory auditor are performed, on behalf of the company, by the statutory auditors who are natural persons and who are partners, shareholders or directors of that company, who sign the report intended for the body called upon to rule on the accounts. These persons may only perform the duties of statutory auditor within a single firm of statutory auditors. The members…

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Article L822-10 of the French Commercial code

The duties of a statutory auditor are incompatible: 1° With any activity or any act likely to undermine its independence; 2° With any salaried employment; however, a statutory auditor may provide teaching relating to the practice of his profession or hold a paid job with a statutory auditor or a certified public accountant ; 3° With any commercial activity, whether exercised directly or through an intermediary, with the exception of,…

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Article L822-11 of the French Commercial code

I.-Statutory auditors are prohibited from accepting an engagement to certify the accounts of a public interest entity if, during the financial year preceding that for which the accounts are to be certified, they or any member of the network to which they belong have provided, directly or indirectly, to the public interest entity, or to the persons or entities that control it or that are controlled by it in the…

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Article L822-11-1 of the French Commercial code

I.-The statutory auditor of a public interest entity shall implement the measures mentioned in paragraph 5 of Article 5 of Regulation (EU) No 537/2014 of 16 April 2014, when a member of the network to which it belongs provides one of the services mentioned in II of Article L. 822-11 to a person or entity that is controlled by the public interest entity, within the meaning of I and II…

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Article L822-11-2 of the French Commercial code

Services other than the certification of accounts that are not mentioned in II of Article L. 822-11 and in I of article L. 822-11-1 may be provided by the statutory auditor or the members of the network to which he belongs to the public interest entity whose accounts he certifies, or to the persons or entities that control it or that are controlled by it within the meaning of I…

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Article L822-11-3 of the French Commercial code

I.-The statutory auditor may not take, receive or retain, directly or indirectly, an interest in the person or entity whose accounts he is responsible for certifying, or in a person who controls it or is controlled by it, within the meaning of I and II of Article L. 233-3. Without prejudice to the provisions contained in this Book or in Book II, the code of ethics provided for in Article…

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Article L822-12 of the French Commercial code

The statutory auditors and, within sociétés de commissaires aux comptes, the persons performing the duties of statutory auditor mentioned in the first paragraph of article L. 822-9 may not be appointed as officers, directors, members of the supervisory board or hold a management position within the persons or entities they control, less than three years after the termination of their duties. During this same period, they may not hold the…

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Article L822-13 of the French Commercial code

Persons who have been directors or employees of a person or entity may not be appointed as statutory auditors of that person or entity less than five years after they cease to hold office. During the same period, they may not be appointed as statutory auditors of persons or entities owning at least 10% of the capital of the person or entity in which they held office, or of which…

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Article L822-14 of the French Commercial code

I.-The statutory auditor, a natural person, and, in companies of statutory auditors, the persons mentioned in the first paragraph of Article L. 822-9 may not certify the accounts of public interest entities, persons and entities referred to in Article L. 612-1 and the associations mentioned in Article L. 612-4 when they appeal to the generosity of the public within the meaning of article 3 of law no. 91-772 of 7…

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Article L822-15 of the French Commercial code

Subject to the provisions of Article L. 823-12 and specific legislative provisions, statutory auditors, as well as their employees and experts, are bound by professional secrecy with regard to facts, acts and information of which they may have knowledge by reason of their duties. However, they are released from professional secrecy with regard to the president of the commercial court or the judicial court when they apply the provisions of…

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