Article R823-16 of the French Commercial code
The provisions of article R. 823-12 shall not apply to the remuneration of each activity or assignment provided for in the second paragraph of article L. 823-9.
The provisions of article R. 823-12 shall not apply to the remuneration of each activity or assignment provided for in the second paragraph of article L. 823-9.
The provisions of articles R. 823-12 and R. 823-13 are not applicable to: 1° Persons and entities whose balance sheet total plus operating income and financial income, excluding tax, exceeds €122,000,000; 2° Persons and entities that issue securities admitted to trading on a regulated market; 3° Companies governed by the Insurance Code and the Mutual Insurance Code; 4° Credit institutions, finance companies, financial holding companies and parent companies of finance…
For engagements other than the certification of accounts and for services, an engagement letter must be drawn up by the parties prior to the performance of the engagement or service. In particular, it sets out the commitments of the parties and the amount of the fees, which takes into account the extent of the work to be performed.
For audit certification engagements, in the event of disagreement between the statutory auditor(s) and the management of the audited person or entity on the amount of remuneration, the president of the regional company, referred to in writing by the interested party, shall attempt to reconcile the parties. Where the statutory auditors are attached to separate regional companies, the conciliation attempt is conducted by the president of the regional company to…
The secretariat of the restricted formation summonses the parties to appear before it at least fifteen days before the hearing, by registered letter with acknowledgement of receipt. Where appropriate, the parties’ lawyers are notified of the date of the hearing by the secretariat of the restricted formation by simple letter. On receipt of the summons to appear, the parties may acquaint themselves with the case file. They may be assisted…
The decision handed down by the High Council’s restricted panel on fees may be appealed to the Court of Cassation on the initiative of the interested parties, under the conditions set out in Articles 612 et seq. of the Code of Civil Procedure.
The statutory auditor appointed to a public interest entity or finance company for a statutory audit engagement shall publish on its website a transparency report, relating in particular to its own structure, drawn up in accordance with the provisions of Article 13 of Regulation (EU) No 537/2014 of 16 April 2014, within four months of the end of the financial year. The statutory auditor shall inform the High Council of…
The supplementary report drawn up pursuant to III of article L. 823-16 is submitted to the specialised committee mentioned in article L. 823-19 or to the body performing the functions of this committee, no later than the date of signature of the report referred to in article R. 823-7. At the request of the High Council, the statutory auditor shall provide it with this report without delay. At the request…
The statutory auditor who, pursuant to III of article L. 823-18, applying to be authorised to exceed the ceiling on fees provided for in II of the same article shall send the bureau of the High Council a request comprising: 1° Documents relating to the fees invoiced, over the last three financial years, for its task of certifying the annual and consolidated financial statements of the public interest entity whose…
The statutory auditor of a public interest entity shall, at the request of the specialised committee mentioned in article L. 823-19 or the body performing the functions of this committee, the findings and conclusions of the Haut conseil du commissariat aux comptes following the audits carried out pursuant to article L. 821-9 which concern: 1° Assessing the design of the internal quality control system; 2° Assessing the content of the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.