Appointment of an auditor (CAC) : Foundation-company-ricard presents the rules to respect and steps to follow for choose a CAC mandatory or optional for all forms of society (SARL, SA, SAS, SCA, SCS, SEL, etc.).
La appointment of an auditor (CAC) can be required or optional. Foundation-company-ricard remind them regulations to follow in terms of appointment of an auditor for all varieties of company: SARL, SA, SAS, SCA, SCS, SEL, etc.. THE steps to take for the to choose are also exhibited.
Appointment of an auditor (CAC) : Foundation-company-ricard details the rules to respect and steps to take for select a CAC mandatory or optional for all forms of society (SARL, SA, SAS, SCA, SCS, SEL, etc.).
strong> listed above. Furthermore, it is considered significant when it contributes over 10% at one of the thresholds of its group.
Finally, associations and foundations recognized as being of public utility are always required to appoint an auditor when they exceed the thresholds indicated above.
Need to appoint an auditor
Following the entry into force of the PACTE law, rules for appointing an auditor have been modified. Concerning the commercial companies,obligation to appoint an auditor applies when the company exceeds, during a financial year, two of the three thresholds following: a Total assets of €4, a turnover excluding taxes of €8 and a number of concerned employees. of 50.
For other entities (associations, foundations recognized as being of public utility, etc.), same thresholds apply. In addition, for subsidiaries of a small group (2 of the 3 thresholds exceeded), the appointment of an auditor is necessary when their contribution to one of the thresholds is greater than 10%.
Total balance sheet amount: € 2
Tax-free income: € 4
Effective : 25 people
Optional appointment of an auditor
Companies for which it is not compulsory to appoint a auditor can select one so insurance.
The law expressly authorizes this possibility for SARL, CNS, SCS, SAS and all non-commercial private law bodies with an economic activity.
Procedures for appointing an auditor
Appointment during social life
When the appointment of an auditor is required during the life of the company, it must be done by thegeneral Ordinary assembly or by a similar organ of the entity.
When it comes to a crossing over thresholds, Those are the shareholders adopting the accounts of the financial year at the end of which the thresholds have been exceeded who decide on the appointment of the auditor.
Optional appointment
When the appointment of the auditor is optional, his appointment may be made by theAssembly for SARL, CNS and SCS.
In addition, reasoned requests for the appointment of a CAC can be submitted inside the company :
- By each partner of SNC or SCS,
- By one or more partners representing at least one third of the capital of an SA, SARL, SAS, SCA.
Finally, designation can be made on court decision, at the request of one or more partners of SA, SAS, SARL, SCA representing at least the tenth of capital.
Procedures for appointing an auditor
Publication of the selection of the auditor
To be enforceable against third parties, the appointment of the auditor must be subject to a publication in an official journal (JAL) of the location of the registered office. This is a notice of appointment of auditor. Attention, this one must contain certain mandatory information imposed by law. For more details : model of legal notice of appointment of auditor.
Sending a file to the business formalities center
Once the legal announcement has been published, the entity must submit to the Business Formalities Center (CFE) the following documents:
- A copy of the minutes of the meeting which noted the appointment of the auditors (if appointed by separate document, failing which, it appears in the articles of association which must already be communicated to the registry in the event of creation);
- A copy of the letter from the auditor accepting his appointment;
- A copy of the certificate of publication in a newspaper of legal announcements;
- An M3 form (when the CAC is appointed during the life of the company) or an M0 form (when the CAC is appointed from the creation in the articles of association or by separate act) duly completed and signed;
- A check payable to the registry of the commercial court for the payment of formalities.
The appointment of an auditor is provided for in the law for certain forms of entities and in certain cases. It involves the completion of specific administrative procedures that should be respected.
What is the role of the auditor?
Answer: The auditor is responsible for carrying out a mission of examining the accounts and certifying the annual accounts of a company.
Who is empowered to appoint an auditor?
Answer: The appointment of an auditor is made by the partners or shareholders of a company.
What is the duration of the mission of the auditor?
Answer: The duration of the mission of the auditor is usually one year, renewable each year.
