Subsection 9: Drawing up and auditing the accounts of the social and economic committee

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Article D2315-38

French Labour CodeIn force

Updated 4 Nov 2023

I.-For social and economic committees governed by Article L. 2315-64, the report referred to in Article L. 2315-69 , which provides information for analysing the accounts, includes information relating to:

1° Organisation of the committee: number of legal or contractual seats, number of elected representatives and, where applicable, number of committee employees, number and nature of committee committees, organisation chart of committee departments;

2° Use of the operating subsidy:

a) Consultancy activities and economic missions: fees of experts paid by the committee, remuneration of committee employees, travel costs, documentation costs;

b) Expenditure on economic training for elected representatives: training, transport and accommodation costs;

c) Expenditure on communication with company employees;

d) Other operating costs;

e) Any amount paid to the central social and economic committee.

3° Use of resources linked to social and cultural activities:

a) The description and location of these activities, distinguishing, where applicable, between those managed directly by the committee, those in whose management it participates, and those whose management it has delegated; in the latter two cases, the amount delegated by the committee and the service provider used are specified;

b) Analysis of the variances between the forecast budget and the actual budget;

c) Data relating to the various services offered as part of the activities and their beneficiaries;

4° Description and valuation of the assets;

5° Current commitments and significant transactions.

II - For the social and economic committees covered by L. 2315-65, the report includes the information set out in 1°, 2° and c of 3° of I. The report also contains:

1° A simplified summary statement of its resources and expenditure, including the information set out in a model drawn up by the French Accounting Standards Authority (Autorité des normes comptables);

2° A simplified summary statement of its assets and liabilities, as defined by a regulation of the French Accounting Standards Authority (Autorité des normes comptables).

3° Information relating to significant transactions carried out.

Mariela Petrova

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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

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

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