Key Benefits:
Publics concerned: companies whose annual accounts are certified by an External Auditor.
Subject: This Order amends the information relating to the payment times that companies whose annual accounts are certified by an External Auditor must provide in the Management Report pursuant to theArticle L. 441-6-1 of the Commercial Code.
Entry into force: the provisions of this Order apply to the accounts for the fiscal years that begin on or after July 1, 2016.
Notice: This decree amends the regulatory part of the trade code and renders the information established by the companies regarding payment times more transparent and relevant. The terms and conditions of the audit certificate issued by the External Auditor are specified.
References: this decree is taken for the application of theArticle 123 of Act No. 2014-344 of 17 March 2014 on consumption and can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding article L. 441-6-1,
Decrete:
Section D. 441-4 of the Commercial Code is replaced by the following provisions:
"Art. D. 441-4.-I.-For the purposes of section L. 441-6-1, companies present in the management report:
« 1° For suppliers, the total number and amount excluding tax of invoices received not paid at the closing date of the fiscal year whose term is expired; this amount is broken down by late instalments and reported as a percentage of total non-tax purchases for the fiscal year;
« 2° For customers, the total number and amount excluding tax from invoices issued unpaid on the closing date of the fiscal year whose term is expired; this amount is broken down by late instalments and reported as a percentage to non-tax revenue for the fiscal year.
"II.-By derogation, the corporation may present in place and place the information referred to in I the number and amount of the invoices received and issued that were late in the fiscal year and the breakdown of that amount by instalment of delay. It reports the total number and amount excluding invoices, respectively received and issued in the year.
"III.-The delays mentioned in I and II are determined from the contractual payment deadlines, or in the absence of specific contractual deadlines, from the applicable legal deadlines.
If companies exclude invoices relating to debts and receivables that are contentious or not accounted for, they indicate the number and total amount of the invoices concerned.
The tables used to present the information referred to in I and II are based on a model set by order of the Minister responsible for the economy. »
A lArticle D. 823-7-1 of the Commercial Code, after the words: "the auditors", the end of the sentence is as follows: "in the report referred to in article R. 823-7, the sincerity of the information referred to in article D. 441-4 and their consistency with the annual accounts and their observations, if any."
Sections D. 441-4 and D. 823-7-1 in their drafting by this Order are applicable to the accounts for the financial periods beginning on 1 July 2016.
The guard of the seals, Minister of Justice, and the Minister of Economy, Industry and Digital Affairs are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on November 27, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
The Seal Guard, Minister of Justice,
Christiane Taubira
