When filing in accordance with I of articles L. 232-21 to L. 232-23, companies meeting the definition of micro-enterprises within the meaning of article L. 123-16-1, with the exception of the companies referred to in Article L. 123-16-2 and those whose business consists of managing equity interests and transferable securities, may declare that the annual accounts they file will not be made public.
When the same filing is made, companies meeting the definition of small companies, within the meaning of Article L. 123-16, with the exception of the companies mentioned in Article L. 123-16-2, may request that the income statement not be made public. Companies belonging to a group, within the meaning of Article L. 233-16, may not make use of this option.
When the same filing is made, companies meeting the definition of medium-sized companies, within the meaning of Article L. 123-16, with the exception of the companies referred to in Article L. 123-16-2, may request that only a simplified presentation of their balance sheet and notes to the financial statements be made public under conditions set by a regulation of the Autorité des normes comptables. In this case, the simplified presentation need not be accompanied by the statutory auditors’ report. Companies belonging to a group, within the meaning of Article L. 233-16, may not make use of this option.
When the option provided for in the third paragraph of this article is exercised, the publication of the simplified presentation shall be accompanied by a statement specifying the abbreviated nature of such publication, the register with which the annual accounts have been filed, whether an unqualified opinion, a qualified opinion or an adverse opinion has been issued by the auditors, or if the auditors have been unable to issue an opinion, and whether the auditors’ report refers to any matter to which they have drawn special attention without expressing a reservation in the opinion.
The judicial authorities, the administrative authorities within the meaning of article 1 of law no. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations as well as the Banque de France and legal entities, falling within categories defined by order of the ministers responsible for the economy and finance, who finance or invest, directly or indirectly, in companies or provide services for the benefit of these legal entities do, however, have access to all accounts.
A decree in the Conseil d’Etat shall set out the terms and conditions for the application of this article.