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Article R824-13 of the French Commercial code

A copy of the statement of objections together with a copy of the investigation report and the investigation file is forwarded for referral by the general rapporteur to the chairman of the restricted panel as soon as it is sent to the accused person. The final report together with the observations of the accused person and the entire file is sent by the general rapporteur to the chairman of the…

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Article R824-16 of the French Commercial code

The person being prosecuted is summoned to appear before the panel no less than one month before the date of the meeting. The president of the regional compagnie des commissaires aux comptes to which the person being prosecuted reports is notified of the meeting and of his right to ask to be heard. The summons mentions the composition of the panel. It shall inform the person being prosecuted of the…

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Article R824-18 of the French Commercial code

I.-A request for the recusal of a member of the restricted panel must be made by the Principal Rapporteur, by the accused person or by his counsel within eight clear days of receipt of the summons referred to in Article R. 824-16. It must state the reasons for the challenge and, where appropriate, be accompanied by supporting documents, failing which it will be inadmissible. II.-The chairman of the restricted formation…

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Article R824-20 of the French Commercial code

The decision sets out the legal and factual considerations on which it is based. It indicates the time limit for appealing to the Conseil d’Etat. Where applicable, it mentions which of the costs of the procedure are to be borne by the person against whom the sanction has been pronounced. It is signed by the Chairman and mentions the names of the persons who ruled on the case. When it…

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Article R824-23 of the French Commercial code

The full jurisdiction appeal to the Conseil d’Etat is lodged under the conditions laid down by the Code of Administrative Justice. The chairman of the High Council or the person sanctioned may lodge a cross-appeal within two months of being notified of the initial appeal.

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Article R824-24 of the French Commercial code

When the restricted panel imposes a financial penalty, the chairman of the High Council shall, after the decision has become final, forward to the Minister of Justice, the information relating to the recovery of the financial penalty. The Minister for Justice issues the collection order. In the event of a stay of execution under the conditions provided for in articles L. 824-2 and L. 824-3, the limitation period for issuing…

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