Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Economy and Finance,
Having regard to the Constitution, including article 38;
Having regard to Directive 2013/34/EU of the Parliament and Council of 26 June 2013 on annual financial statements, consolidated financial statements and related reports of certain forms of enterprises, amending Directive 2006/43/EC of the European Parliament and the Council and repealing Directives 78/660/EEC and 83/349/EEC of the Council;
Vu le insurance code ;
Vu le Trade code ;
Vu le monetary and financial code ;
Vu le code of mutuality ;
Vu le Social Security Code ;
Vu la Act No. 91-772 of 7 August 1991 amended on leave of representation in favour of associations and trustees and the control of the accounts of organizations using public generosity;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Vu la Act No. 2014-1 of 2 January 2014 enabling the Government to simplify and secure the lives of enterprises, including its article 1;
Considering the opinion of the Autorité des normes comptables dated 14 January 2014;
Having regard to the advisory committee on financial legislation and regulations dated 22 January 2014;
Having regard to the advice of the Higher Council on the mutuality of 22 January 2014;
The Council of State heard;
The Council of Ministers heard,
Order:
Section L. 123-16 of the Commercial Code is replaced by the following provisions:
"Art. L. 123-16.-Small enterprises may, under conditions established by a regulation of the Autorité des normes comptables, adopt a simplified presentation of their annual accounts.
Small businesses within the meaning of this section are merchants, natural persons or legal persons, for whom, under the last fiscal year closed and on an annual basis, two of the following three thresholds, whose level and method of calculation are fixed by decree, are not exceeded: the total of the balance sheet, the net amount of the turnover or the average number of employees employed during the fiscal year.
When a company exceeds or ceases to exceed two of these three thresholds, this circumstance only affects it for two consecutive years. »
Section L. 123-16-1 of the same code is replaced by the following provisions:
"Art. L. 123-16-1.-By derogation from the provisions of the third paragraph of section L. 123-12, micro-enterprises, with the exception of those whose activity is to manage securities of interest and securities, are not required to establish an appendix.
The micro-enterprises within the meaning of this section are the merchants, natural persons or legal persons, for whom, under the last fiscal year closed and on an annual basis, two of the following three thresholds, whose level and method of calculation are fixed by decree, are not exceeded: the total of the balance sheet, the net amount of the turnover or the average number of employees employed during the fiscal year.
When a company exceeds or ceases to exceed two of these three thresholds, this circumstance only affects it for two consecutive years. »
It is inserted in the same code an article L. 123-16-2 as follows:
"Art. L. 123-16-2. - The provisions of articles L. 123-16 and L. 123-16-1 shall not apply:
1° To credit institutions and financing companies mentioned in theArticle L. 511-1 of the monetary and financial code and to payment institutions and electronic currency institutions referred to in Article L. 521-1 of the same code;
2° To insurance and reinsurance companies mentioned in the articles L. 310-1 and L. 310-1-1 the insurance code, social security organizations mentioned in theArticle L. 114-8 of the Social Security Code, the institutions of foresight and their unions governed by title III of Book IX of the Social Security Code and the mutual and mutual unions governed by Book II of the Code of Mutuality;
3° Persons and entities whose financial securities are admitted to negotiations on a regulated market;
4° Persons and entities that use public generosity within the meaning of Act No. 91-772 of 7 August 1991 on leave of representation in favour of associations and mutual funds and the control of the accounts of organizations that use public generosity. »
The second paragraph of Article L. 123-25 of the same code is replaced by the following:
"The legal persons who have the quality of a merchant and placed on an option or full right under the simplified taxation regime may present an abridged annex established in accordance with a model established by a regulation of the Authority of Accounting Standards.
By derogation from the provisions of the first paragraph of Article L. 123-12, the same persons, except those controlled by a corporation that establishes accounts under Article L. 233-16, may register their receivables and debts at the end of the fiscal year. »
After the article L. 232-24 of the same code, an article L. 232-25 is inserted as follows:
"Art. L. 232-25. - At the filing set out in I of sections L. 232-21 to L. 232-23, companies that meet the definition of micro-enterprises within the meaning of section L. 123-16-1, with the exception of the companies referred to in section L. 123-16-2 and those whose activity is to manage securities and equity securities, may declare that the annual accounts they file will not be made public.
Judicial authorities, administrative authorities within the meaning ofArticle 1 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations and the Bank of France, however, have access to these accounts.
A decree in the Council of State sets out the modalities for the application of this article. »
The provisions of sections 1 to 5 apply to the accounts for the years ended on or after December 31, 2013 and filed on or after April 1, 2014. For accounts filed in 2014, the provisions of the third paragraph of the sections are not enforced L. 123-16 and L. 123-16-1 of the Commercial Code in their drafting by this Order.
The provisions of this Order are applicable in the Wallis and Futuna Islands.
The Prime Minister, the Seal Guard, Minister of Justice, and the Minister of Economy and Finance are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on January 30, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Economy and Finance,
Pierre Moscovici
The guard of the seals,
Minister of Justice,
Christiane Taubira
