French Commercial code
In forceI.-The independent third-party body referred to in 4° of Article L. 210-10 is designated from among the bodies accredited for this purpose by the French Accreditation Committee defined by the décret n° 2008-1401 du 19 décembre 2008 relatif à l'accréditation et à l'évaluation de conformité pris en application de l'article 137 of law no. 2008-776 of 4 August 2008 on the modernisation of the economy or by any other accreditation body that is a signatory to the multilateral recognition agreement established by the European Coordination of Accreditation Bodies.
It is subject to the incompatibilities set out in article L. 822-11-3.
II.-.Unless otherwise stipulated in the company's Articles of Association, this body is appointed by the body responsible for management, for an initial term which may not exceed six financial years. This appointment may be renewed, up to a maximum total term of twelve financial years.
At least every two years, it verifies that the objectives mentioned in 2° of article L. 210-10 have been achieved. The first verification shall take place within eighteen months of the publication of the declaration of the company's status as a société à mission in the Trade and Companies Register.
When the company meets the conditions mentioned in article L. 210-12, the first verification shall take place within twenty-four months of this publication.
When the company employs, on an annual basis, fewer than fifty permanent employees in respect of the last accounting period which was the subject of the last verification, it may ask the independent third-party body not to carry out the next verification until three years have elapsed.
III.In order to issue the opinion referred to in 4° of Article L. 210-10, the independent third-party body shall have access to all documents held by the company that are relevant to the formation of its opinion, in particular the annual report referred to in 3° of Article L. 210-10.
It shall carry out any on-site verification that it deems useful within the company and, with their agreement, within the entities concerned by one or more social and environmental objectives constituting the company's mission.
The independent third-party body shall issue a reasoned opinion that sets out the due diligence that it has carried out and indicates whether or not the company is complying with the objectives that it has set itself. Where appropriate, it shall mention the reasons why, in its opinion, the objectives were not achieved or why it was impossible for it to reach a conclusion.
An order of the Minister for the Economy and the Minister of Justice shall specify the terms and conditions under which the independent third-party body shall conduct its assignment.
IV.-The most recent reasoned opinion of the independent third-party body is attached to the report mentioned in 3° of Article L. 210-10. This opinion is published on the company's website and remains publicly accessible for at least five years.
