Chapter IV: Penalties

The notifications and summonses provided for in this chapter shall be made by registered letter with acknowledgement of receipt, by hand delivery against a receipt, by bailiff’s deed or by any other means enabling the date of its receipt to be ascertained. When service is effected by a bailiff, the bailiff shall proceed in accordance with the procedures set out in articles 555 to 563 of the Code of Criminal…

I.-Persons may be authorised as investigators if they have at least three years’ professional experience in the legal, accounting or financial fields or in the field of certification of accounts or financial information and have not been convicted of any of the offences referred to in Article L. 500-1 of the Monetary and Financial Code. The General Reporter authorises investigators on an individual basis for a renewable period of three…

When carrying out investigative acts on business premises, the investigator shall inform the statutory auditor or the manager of the legal entity concerned of the purpose of the audits he intends to undertake at the latest at the time of undertaking the audits. The investigator may only enter the premises of the audited person during normal operating hours and in the presence of the manager or his representative. He shall…

Investigative acts carried out on business premises are the subject of a report to which is attached an inventory of the exhibits and documents of which the investigator has taken copies. The report shall state the purpose of the investigation, the identity of the investigator, and the nature, date and location of the observations made. It shall mention, where appropriate, the reasons that prevented or hindered the proper conduct of…

The investigator may summon and hear any person likely to be able to provide him with any information useful to the accomplishment of his mission. The summons shall be sent to the person concerned at least eight days before the date of the hearing, unless the person concerned waives this deadline. It shall refer to the mission order and remind the person summoned that he or she may be assisted…

When the general rapporteur or an investigator entrusts an auditor registered on the list mentioned in 5° of Article L. 824-5 the performance of verifications or investigative acts, it shall draw up a mission order indicating the identity of its holder and the verifications and acts authorised. The statutory auditor referred to in the first paragraph may receive remuneration from the High Council in this respect, on the basis of…

I.-When, pursuant to 6° of Article L. 824-5, the general rapporteur or an investigator calls upon one or more experts, his decision shall define the subject of the expert appraisal, set the timeframe for its completion and assess the corresponding foreseeable fees. Prior to the expert appraisal operations, the appointed experts shall certify to the general rapporteur that they meet the conditions mentioned in II of Article R. 824-2. The…

I.-When the General Rapporteur intends to submit to the High Council a request for the provisional suspension of a statutory auditor pursuant to Article L. 824-7, it will notify the interested party of the decision and the grievances, and will give the latter fifteen days from receipt of the notification to submit its observations. In urgent cases, this period is reduced to seventy-two hours. II.-When the High Council receives a…

The resignation of the statutory auditor does not prevent disciplinary action from being taken for acts committed during the performance of his duties.

When the High Council receives the investigation report referred to in Article L. 824-8 from the General Rapporteur, its Chairman shall convene the members of the College, excluding the members of the restricted formation, in order to deliberate on the action to be taken on the report. The general rapporteur or the investigator in charge of the case will be heard if the Board deems it necessary. The College deliberates…