Section 3: Terms of engagement and services of the statutory auditor

Articles in this section · 18

Article R823-10

French Commercial codeIn force

Updated 4 Nov 2023

I.-The statutory auditor keeps an up-to-date list of the persons and entities with whom he performs assignments or services. Companies of statutory auditors keep this list for each statutory auditor carrying out assignments or services on their behalf.

II.-For each person or entity in which he performs assignments or services, the statutory auditor shall compile a file containing:

1° The name, address and registered office of the person or entity concerned;

2° Where applicable, the names of the individual statutory auditors who are partners, shareholders or managers of the statutory auditors' company who sign the report referred to in Article R. 823-7 or any other document reporting on the work carried out;

3° For each financial year, the amount of fees invoiced for the certification of the accounts as well as those invoiced for other assignments or services.

III.For each engagement to certify the accounts, the statutory auditor shall compile a working file that includes:

1° The information recorded pursuant to II of Article L. 820-3 of the French Commercial Code;

2° All documents received from the audited person or entity, as well as those drawn up by it and in particular the engagement plan, the work programme, the date, duration, location and purpose of its intervention, as well as any other information enabling the reports provided for in Articles R. 823-7, R. 823-7-2 and R. 823-21-1.

This file shall be closed no later than 60 days after the report provided for in Article R. 823-7 has been signed.

IV.-The statutory auditor shall draw up special accounts of all remuneration. These accounts shall show for each person or entity for which he performs assignments or services the amount of sums invoiced, distinguishing between fees, reimbursement of travel and subsistence expenses and remuneration for professional activities abroad.

It shows, for public interest entities whose accounts are certified, the total amount of sums invoiced, distinguishing between:

1° Fees invoiced for the task of certifying the accounts;

2° Fees invoiced for services other than certification, the performance of which is entrusted to the statutory auditor by a legislative or regulatory provision;

3° Fees invoiced for services other than certification provided at the request of the public interest entity;

4° Reimbursement of travel and subsistence expenses and remuneration for professional activities abroad.

The information provided pursuant to 2° and 3° distinguishes between the fees billed to the public interest entity whose accounts the statutory auditor certifies, and those billed to the entity that controls it and those it controls within the meaning of I and II of Article L. 233-3, as well as the third country or Member State of origin of the fees.

V. - Each year, the statutory auditor shall draw up a declaration of activity including the information mentioned in 1° and 4° of IV as well as the following information:

1° The persons and entities for which he or she performs account certification engagements;

2° For each of these persons and entities, the total balance sheet, operating income and financial income, as well as the number of hours worked corresponding to the performance of the certification engagement;

3° A list of its employees, their mandates, the engagements in which they are involved, as well as the number of hours they have worked and, in the case of legal entities, a list of their partners;

4° For other engagements or services, a list of the persons or entities, the nature of the engagements or services performed and the total amount of fees invoiced.

The statutory auditor shall send this declaration of activity, where appropriate by electronic means, to the regional company, which shall send a copy to the national company. The Compagnie nationale forwards a copy of this information to the Haut conseil du commissariat aux comptes.

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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