Subsection 2: Certification of accounts

Articles in this section · 32

Article A823-19

French Commercial codeIn force

Updated 3 Nov 2023

The professional practice standard relating to events subsequent to the end of the financial year, approved by the Minister of Justice, is shown below:


NEP-560 Events after the end of the financial year


Introduction


01. Between the balance sheet date and the date of approval of the financial statements, the statutory auditor may identify events that require accounting treatment or disclosure to the body called upon to approve the financial statements. These events are referred to as "subsequent events". 02. The applicable accounting standards define the subsequent events that must be subject to accounting treatment.


These are the events that occurred between the balance sheet date and the balance sheet date. These are events occurring between the balance sheet date and the accounts closing date:


-which are directly related to situations that existed on the balance sheet date and must be recorded in the accounts;


-or which must be disclosed in the notes to the financial statements.


After the balance sheet date, no accounting treatment is provided for subsequent events.


03. Subsequent events that must be disclosed to the body called upon to approve the financial statements are material events that the body must be aware of in order to make an informed decision on the financial statements.


When such events occur between the end of the financial year and the date on which the accounts are closed, they are mentioned in the report of the competent body to the body called upon to approve the accounts. When they occur after this date, they are reported to the body called upon to approve the accounts.


04. The purpose of this standard is to define:


-the audit procedures that the statutory auditor performs to identify subsequent events;


-the impact of subsequent events identified by the statutory auditor on its report or on the information provided to the competent bodies.


These implications differ depending on the date on which the auditor identifies subsequent events and the date on which these events occur.


Identification of subsequent events


05. The statutory auditor collects sufficient and appropriate information to enable it to identify subsequent events.


06. In order to do this, the statutory auditor may in particular:


-review the procedures put in place by management to identify these events;


-consult the minutes or reports of meetings held by the governing body and by the bodies referred to in article L. 823-16 of the French Commercial Code after the financial year-end;


examine, where appropriate, the most recent interim financial statements and forecasts drawn up by the entity;


- make enquiries of the persons responsible for the entity's management, including its directors, officers and employees enquire of the relevant persons at the entity as to the progress of legal proceedings, disputes and litigation since its last audits;


- enquire of the entity's management as to the progress of its legal proceedings, disputes and litigation since its last audits -enquiring of management as to its knowledge of the occurrence of subsequent events;


07. These procedures are carried out up to a date as close as possible to the date on which the statutory auditor signs his report.


Impact of subsequent events identified by the statutory auditor between the financial year-end date and the accounts closing date


08. Where the statutory auditor identifies a subsequent event between the balance sheet date and the accounts closing date that is likely to lead to a material misstatement of the accounts, he shall verify that this event has given rise to an appropriate accounting treatment.


If this is not the case, the statutory auditor shall verify that the subsequent event has given rise to a material misstatement of the accounts. If this is not the case, he informs management and asks them to amend the accounts.


09. If management refuses, the auditor assesses the impact on his opinion.


>. 10. Where the event has no impact on the financial statements but requires information to be provided in the report of the competent body of the entity to the body called upon to approve the financial statements, the statutory auditor verifies that this information has been provided.


If this is not the case, the statutory auditor verifies that the information has been provided. If this is not the case, he informs management and asks it to provide the required information.


11. If management refuses, the statutory auditor shall make an observation in his report.


Impact of subsequent events identified by the auditor between the date on which the accounts were closed and the date on which the auditor's report was signed


12. Where the statutory auditor identifies a subsequent event that occurred between the date on which the accounts were closed and the date on which his report was signed, he shall verify that this event has given rise to appropriate accounting treatment or to information in the report of the competent body to the body called upon to approve the accounts.


13. If this is not the case, and if the entity does not voluntarily re-approve the accounts, or if the report of the competent body to the body called upon to approve the accounts is not supplemented, the statutory auditor shall assess the impact on his opinion or make an observation in his report.


>. 14. Where the statutory auditor identifies a subsequent event that occurred between the date on which the accounts were closed and the date on which his report was signed, he shall enquire of the competent body whether it intends to communicate information on this event to the body called upon to approve the accounts.


Where such communication is not made within a reasonable period of time, the statutory auditor shall inform the competent body of his intention to communicate information on this event to the body called upon to approve the accounts. Where no such communication is provided for, the statutory auditor shall mention it in his report.


Impact of subsequent events known to the auditor between the date of signature of his report and the date of approval of the accounts


>. 15. After the date of signature of the auditor's report, the auditor no longer performs audit procedures to identify subsequent events.


16. When the statutory auditor becomes aware, between the date of signature of his report and the date of approval of the financial statements, of a subsequent event occurring between the financial year-end date and the date of approval of the financial statements, he shall verify that this event has given rise to an appropriate accounting treatment or to information in the report of the competent body to the body called upon to approve the financial statements.


17. If this is not the case, and if the entity does not voluntarily re-approve the accounts, or if the report of the competent body to the body called upon to approve the accounts is not completed, the statutory auditor shall assess the impact on his opinion or on the part of his report relating to the audit of:


-the management report, other documents relating to the financial position and financial statements and information relating to the corporate governance report addressed to the members of the body called upon to approve the financial statements; or


-the information relating to the Group given in the management report,


and draws up a new report in which reference is made to the previous report.


18. When the statutory auditor becomes aware, between the date on which his report is signed and the date on which the accounts are approved, of a subsequent event occurring after the date on which the accounts are closed, he shall enquire of the competent body whether it intends to communicate information about this event to the body called upon to decide on the accounts.


Where no such communication is provided for, the statutory auditor drafts a communication which is read out at the meeting of the body called upon to approve the accounts or which is brought to its attention.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More