Chapter II: Status of statutory auditors

Articles in this section · 18

Article R822-26

French Commercial codeIn force

Updated 4 Nov 2023

I.-When a statutory auditor registered on the list mentioned in I of Article L. 822-1 has not declared the information mentioned in Article R. 821-14-7 or paid the contributions due under Article L. 821-6-1, the High Council shall give formal notice to the interested party to comply with its obligations within thirty days of receipt of the act.

If the situation is not remedied within this timeframe, the Haut Conseil du Commissariat aux Comptes will summon the statutory auditor by registered letter with acknowledgement of receipt and will hear the statutory auditor within two months. The interested party may be assisted by a statutory auditor or a lawyer or represented by a lawyer.

In the absence of a legitimate reason, the Haut Conseil will proceed with its omission.

II.-Where a statutory auditor registered on the list referred to in I of Article L. 822-1 has failed to pay, when due, the dues owed to the Compagnie Nationale or the regional companies under Article L. 821-6, the regional council shall give formal notice to the party concerned to comply with its obligations within a period of thirty days from receipt of the document.

If the party concerned fails to comply within this period, it shall refer the matter to the Haut Conseil du Commissariat aux Comptes, which shall proceed in accordance with the second and third paragraphs of I of this article.

III.Failure to do so will result in a ban on disclosing one's status as an auditor. The provisions of articles R. 824-25 and R. 824-27 are applicable.

Decisions on omissions are taken in the same way and give rise to the same appeals as for registrations.

Repeating this behaviour constitutes a breach liable to disciplinary proceedings.

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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