TITLE II: Statutory Auditors.

Articles in this section · 9

Article L820-3

French Commercial codeIn force

Updated 7 Nov 2023

I.-With a view to his appointment, the statutory auditor shall inform in writing the person or entity whose accounts he proposes to certify of his membership of a national or international network whose exclusive activity is not statutory audit and whose members have a common economic interest. Where applicable, it shall also inform the Statutory Auditor of the total fees received by this network for services other than the certification of accounts and of the nature of these services provided by this network to the person or entity whose accounts the Statutory Auditor proposes to certify, to the persons or entities that control it or that are controlled by it, within the meaning of I and II of Article L. 233-3. Information on the total amount of fees received is included in the documents made available to shareholders pursuant to article L. 225-108. Updated annually by the statutory auditor, they are made available, at the registered office of the person whose accounts he certifies, to members and shareholders and, for associations, to members and donors.

Information on the amount of fees paid to each of the statutory auditors is made available, at the registered office of the person or entity being audited, to the members and shareholders and, for associations, to the members and donors.

For public interest entities, details of the services provided in respect of services other than the certification of accounts may be communicated, at its request, to the specialised committee mentioned in Article L. 823-19 or, as the case may be, to the administrative body or the supervisory body.

II.-Before accepting the appointment or its renewal, the statutory auditor shall verify and record:

1° The elements relating to compliance with the conditions of its independence provided for in Article L. 822-11-3 and by the code of ethics referred to in article L. 822-16, and, where applicable, the safeguards needed to mitigate the risks to its independence;

2° Evidence that it has the human and material resources needed to properly perform the audit engagement.

III.-When the statutory auditor certifies the accounts of a public interest entity, it shall comply with the provisions of Article 6 of Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements for the statutory audit of public interest entities and repealing Commission Decision 2005/909/EC

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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