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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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Article L824-7 of the French Commercial code

When particularly serious acts appear likely to justify criminal or disciplinary sanctions, the General Rapporteur may, when justified by urgency and the public interest, and after the person concerned has been given the opportunity to present his observations, refer to the High Council, which deliberates without the presence of the restricted formation, a request for provisional suspension for a maximum period of six months, of a statutory auditor, natural person….

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Article L824-10 of the French Commercial code

The High Council, acting in a restricted formation, hears actions brought against statutory auditors registered on the list mentioned in I of Article L. 822-1, third-country auditors mentioned in I of Article L. 822-1-5 and persons other than statutory auditors.

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Article L824-11 of the French Commercial code

The panel summons the accused person to a hearing, which is held at least two months after the statement of objections is notified. Where there is a serious reason to doubt the impartiality of a member of the panel, he or she is disqualified at the request of the accused person or the general rapporteur. The hearing is public. However, on his own initiative or at the request of the…

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