Chapter II: Status of statutory auditors

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Article R822-35

French Commercial codeIn force

Updated 4 Nov 2023

The work of the statutory auditor relating to the certification of the accounts of a public interest entity shall be subject to an independent review prior to the signing of the reports provided for in the last paragraph of Article L. 823-9 and in III of article L. 823-16. The purpose of the independent review is to verify that the signatory could reasonably have reached the conclusions set out in the draft reports.

The independent review is carried out by a statutory auditor registered on the list referred to in I of article L. 822-1 which does not participate in the certification engagement to which it relates.

When all of the company's statutory auditors have participated in the performance of the engagement, or when the statutory auditor practices on an individual basis, the independent review is performed by a statutory auditor from outside the practice structure.

The transmission of documents or information to the independent auditor for the purposes of this article does not constitute a breach of professional secrecy. Documents or information transmitted to the independent auditor for the purposes of this article are covered by professional secrecy.

When implementing the independent review, the independent reviewer shall record the items referred to in Article 8(4) of Regulation (EU) No 537/2014.

The independent reviewer assesses the elements mentioned in paragraph 5 of Article 8 of Regulation (EU) No 537/2014.

The auditor exchanges with the person mentioned in the first paragraph of Article L. 822-9 or with the individual statutory auditor on the conclusions of the review.

The firm of statutory auditors shall set up a procedure for settling disagreements between the independent auditor and the person referred to in the first paragraph of Article L. 822-9.

The statutory auditor or the firm of statutory auditors and the independent auditor shall record the results of the independent review and the considerations underlying those results.

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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