Chapter III: Statutory audit.

Articles in this section · 31

Article L823-3-1

French Commercial codeIn force

Updated 7 Nov 2023

I. - Where a public interest entity appoints a single auditor, the single auditor may not certify the accounts of the public interest entity for a period exceeding ten years.

However, at the end of that period, the single auditor may be appointed for a further term of office of six financial years, provided that the conditions set out in paragraphs 2 to 5 of Article 16 of Regulation (EU) No 537/2014 of 16 April 2014 are met.

II. - The term of office provided for in the first paragraph of I may be extended to a maximum of twenty-four years where, at the end of that period, the public interest entity, voluntarily or pursuant to a legal obligation, uses several statutory auditors, under the conditions provided for in Article 17(4)(b) of Regulation (EU) No 537/2014, provided that they submit a joint report on the certification of the accounts.

III. - At the end of the terms of office referred to in I and II, the Haut conseil du commissariat aux comptes may, exceptionally and if the conditions defined in paragraph 6 of Article 17 of Regulation (EU) No 537/2014 are met, authorise the public interest entity which so requests to extend the term of office of the statutory auditor for a further period which may not exceed two years.

IV. - The statutory auditor or, where applicable, a member of his network within the European Union may not accept a mandate with the public interest entity whose accounts he has audited before the expiry of a period of four years following the end of his mandate.

V. - For the purposes of this Article the duration of the mandate shall be calculated in accordance with the requirements of Article 17 of the aforementioned Regulation (EU) No 537/2014. Any statutory auditor may refer a question relating to the determination of the starting date of the initial term of office to the High Council.

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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