Key Benefits:
President of the Republic,
On the report of the Prime Minister and Minister of Economy, Industry and Digital Affairs,
Having regard to the Constitution, including article 38;
Having regard to Directive 2013/34/EU of the European Parliament and the 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 Trade code ;
Vu la Act No. 2014-1662 of 30 December 2014 bringing various provisions for adapting legislation to European Union economic and financial law, including Article 11;
Considering the opinion of the Autorité des normes comptables dated 7 May and 4 June 2015;
Having regard to the advisory committee on financial legislation and regulations dated 13 May 2015;
Considering the advice of the National Standards Assessment Board dated 4 June 2015;
Considering the opinion of the Conseil supérieur de la pool dated 9 June 2015;
The State Council (Finance Section) heard;
The Council of Ministers heard,
Order:
Book I of the trade code is thus modified:
1° In Article L. 123-13, the words: "to appear, by difference after deduction of depreciations and provisions" are replaced by the words: "to appear by difference, after deduction of depreciations, depreciations and provisions";
2° In section L. 123-17, the words: "Unless an exceptional change occurs in the situation of the merchant, natural or legal person, the presentation of the annual accounts as methods of assessment retained" are replaced by the words: "Without in exceptional cases, in order to give a faithful image of the heritage, the financial situation and the result of the company and in the conditions provided by a regulation of the Autorité des normes comptables,
3° In article L. 123-19, after the words: "of the result account" are inserted the words: ", except in exceptional cases provided by a regulation of the Autorité des normes comptables";
4° Article L. 123-20:
(a) In the second paragraph, the words: "depreciations and provisions" are replaced by the words: "to depreciations, depreciations and provisions";
(b) In the third paragraph, the words: "risks and losses" were replaced by the words: " Liabilities that took place".
Book II of the same code is amended as follows:
1° Article L. 232-1:
(a) In I, the words: "Appendix to the balance sheet" are replaced by the words: "include in the appendix";
(b) The second is supplemented by a sentence as follows: "There are references to existing branches. » ;
(c) In IV, the words: "do not exceed the closing of a social exercise two of the thresholds fixed by decree in the Council of State relating to the total of their balance sheet, the amount of their non-tax revenue and the average number of their employees during the fiscal year" are replaced by the words: "are small enterprises within the meaning of Article L. 123-16" and it is added a sentence so drawn up: "This exemption does not apply to » ;
2° In sections L. 233-1 and L. 233-2, after the words: "for application" are inserted the words: "sections 2 and 4";
3° In section L. 233-15, the words "appendix to the balance sheet" are replaced by the words "includes in the appendix" and after the words: "the situation of the said subsidiaries and participations" are added the words: "as defined in this section";
4° Article L. 233-16:
(a) In I, the words: "or that they exert a significant influence on them" are deleted;
(b) IV is deleted;
5° Article L. 233-17:
(a) In the first paragraph, the words: ", with the exception of those that issue securities admitted to negotiations on a regulated market or negotiable debt securities," are deleted;
(b) At 1°, after the word: "published" are added the words: "and they do not emit securities admitted to negotiations on a regulated market or negotiable debt securities";
(c) At 2°, the words: "a size determined by reference to two of the three criteria mentioned in Article L. 123-16" are replaced by the words: ", for two of the three criteria mentioned in Article L. 123-16, a level fixed by decree and that none of these companies or companies belong to one of the categories defined in Article L. 123-16-2";
6° In Article L. 233-17-1, the word "controlled" is replaced by the words "that they control", the words "or in which they exert a significant influence" are deleted and after the words: "Article L. 233-21" are added the words: "or that they may be excluded from consolidation under Article L. 233-19";
7° After the article L. 233-17-1 is inserted an article L. 233-17-2 as follows:
"Art. L. 233-17-2. - Are included in the consolidation of wholly or jointly controlled subsidiaries or participations or on which significant influence is exercised.
"The significant influence on the management and financial policy of a company is presumed when a company has, directly or indirectly, at least one-fifth of its voting rights. » ;
8° In the first paragraph of Article L. 233-22, after the words: "annual accounts" are added the words: "and the presentation of the consolidated whole as a single economic entity";
9° Article L. 233-23:
(a) The 1st is repealed;
(b) 2° and 3° respectively become 1° and 2°;
10° In L. 233-24, the reference: "L. 233-18" is replaced by the reference: "L. 233-17-2" and after the reference: "L. 233-23" are added the words: "and L. 233-25";
11° Article L. 233-25:
(a) In the first paragraph, after the words: "consolidating society" are added the words: "if this date is retained by the majority of companies included in consolidation for their social accounts";
(b) A second preambular paragraph should read:
"In this case, there are significant events that have affected the assets or liabilities of the undertakings included in the consolidation and that have occurred between the closing date of their balance sheet and the closing date of the consolidated balance sheet. » ;
(c) In the second paragraph, which becomes the third, after the word: "previous" added the words: "or posterior";
12° At 3° of the I of Article L. 247-1, the words: "Appendix to the balance sheet" are replaced by the words: "include in the appendix".
Articles L. 123-13, L. 123-17, L. 123-19, L. 123-20, L. 232-1, L. 233-1, L. 233-2, L. 233-15 to L. 233-17-2, L. 233-22 to L. 233-25 and L. 247-1 the Commercial Code is applicable in the Wallis and Futuna Islands in their drafting from this Order.
The provisions of this Order apply to accounts for fiscal years beginning January 1, 2016.
The Prime Minister, the Minister of Economy, Industry and Digital Affairs and the Minister of Overseas are responsible, each with respect to the application of this Order, to be published in the Official Journal of the French Republic.
Done on July 23, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Overseas,
George Pau-Langevin
