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Article L823-18 of the French Commercial code

I.-The fees of the statutory auditor are borne by the person or entity whose accounts it is responsible for certifying. These fees are set in accordance with procedures determined by decree in the Conseil d’Etat. II.-Where the statutory auditor provides to a public interest entity whose accounts it is responsible for certifying, or to the person that controls it or that is controlled by it within the meaning of I…

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Article L823-19 of the French Commercial code

I.-Within public interest entities within the meaning of article L. 820-1 and finance companies within the meaning of II of article L. 511-1 of the Monetary and Financial Code, a specialised committee acting under the responsibility, as the case may be, of the administrative body or the supervisory body, shall monitor issues relating to the preparation and control of accounting and financial information. II.-The composition of this committee is determined…

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Article L823-20 of the French Commercial code

The specialised committee referred to in Article L. 823-19 : 1° Credit institutions and finance companies whose securities are not admitted to trading on a regulated market and which have issued, continuously or repeatedly, only bond securities, provided that the total nominal amount of these securities remains below €100 million and that they have not published a prospectus ; 2° Securitisation undertakings, if they publicly explain why they do not…

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Article L823-21 of the French Commercial code

The specialised committee or the body performing its functions is bound by an obligation of confidentiality with regard to information relating to: 1° The services provided by the members of the network to which the statutory auditor belongs, mentioned in I of Article L. 820-3; 2° To the findings and conclusions of the High Council referred to in 4° of II of Article L. 823-19.

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Article L824-1 of the French Commercial code

I.-The penalties provided for in Article L. 824-2, statutory auditors for any disciplinary misconduct they commit. Disciplinary misconduct includes: 1° Any breach of the legal conditions for practising the profession; 2° Any gross negligence and any act contrary to probity or honour. II.-The penalties provided for in article L. 824-3 because of the following breaches: 1° Partners, employees of the statutory auditor, any other person participating in the certification engagement…

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Article L824-2 of the French Commercial code

I.- Statutory auditors are liable to the following sanctions: 1° Warning; 2° Reprimand; 3° Disqualification from acting as a statutory auditor for a period not exceeding five years; 4° Removal from the list; 5° Withdrawal of honorary status. II.-Auditors may also be subject to the following sanctions: 1° The publication of a statement indicating that the report presented to the general meeting does not meet the requirements imposed by this…

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Article L824-3 of the French Commercial code

I.-The persons mentioned in II of Article L. 824-1 shall be liable to the following penalties: 1° A ban for a period not exceeding three years from exercising administrative or management functions within public interest entities and from exercising the functions of statutory auditor; 2° The payment, as a pecuniary penalty, of a sum not exceeding the following amounts: a) For the natural persons mentioned in 1° and 3° of…

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Article L824-4 of the French Commercial code

The rapporteur general shall be informed of any fact likely to justify the initiation of sanction proceedings by: 1° The first president of the Cour des Comptes or the president of a regional audit chamber; 2° The public prosecutor at the relevant court of appeal; 3° The president of the Autorité des marchés financiers; 4° The president of the Autorité de contrôle prudentiel et de résolution; 5° The president of…

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Article L824-5 of the French Commercial code

The rapporteur general shall conduct an investigation. He may appoint investigators to assist him. The general rapporteur and the investigators may for this purpose: 1° Obtain from the statutory auditor, without the statutory auditor being able to invoke professional secrecy, any document or information, in any form whatsoever; they may require a copy thereof; 2° Obtain from any person any document or information useful to the investigation; they may require…

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