Chapter III: Statutory audit.

Articles in this section · 31

Article L823-16

French Commercial codeIn force

Updated 7 Nov 2023

I.-The statutory auditors shall inform, as appropriate, the collegiate body responsible for administration or the body responsible for management and the supervisory body, as well as, where applicable, the specialised committee referred to in Article L. 823-19 acting under the responsibility of these bodies:

1° Their general work programme implemented as well as the various tests they have carried out;

2° The amendments they consider should be made to the accounts to be closed or to the other accounting documents, making any useful observations on the valuation methods used to draw them up;

3° Any irregularities and inaccuracies they may have discovered;

4° The conclusions to which the above observations and rectifications lead on the results for the period compared with those for the previous period.

II.-When they work with persons or entities subject to the provisions of Article L. 823-19 or which have voluntarily set up a specialised committee within the meaning of that Article, they shall also examine with the specialised committee referred to in that Article the risks weighing on their independence and the safeguards taken to mitigate these risks. They shall bring to the attention of this committee any material weaknesses in internal control, as regards the procedures relating to the preparation and processing of accounting and financial information, and shall communicate to it each year:

1°) A declaration of independence;

2° An update of the information mentioned in Article L. 820-3 detailing the services provided by the members of the network to which the statutory auditors are affiliated as well as the services other than the certification of accounts that they themselves have provided.

III.-When working with persons or entities subject to the provisions of Article L. 823-19, statutory auditors shall submit to the specialised committee within the meaning of that Article a supplementary report in accordance with the provisions of Article 11 of Regulation (EU) No 537/2014 of 16 April 2014. This report shall be submitted to the body responsible for administration or to the supervisory body where the latter fulfils the functions of the specialised committee. (1)

Mariela Petrova

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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

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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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