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RS 0.142.113.496 Convention of 27 April 1948 between Switzerland and France on the exercise of the professions of chartered accountant and chartered accountant (with annexes and prot. End.)

Original Language Title: RS 0.142.113.496 Convention du 27 avril 1948 entre la Suisse et la France relative à l’exercice des professions d’expert-comptable et de comptable agréé (avec annexes et prot. fin.)

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0.142.113.496

Original text

Convention between Switzerland and France, relating to the exercise of the professions of chartered accountant and chartered accountant

Cited April 27, 1948 Coming into force 1 Er January 1948

(State 1 Er January 2013)

Federal Council of the Swiss Confederation and the Government of the French Republic

To settle in the spirit of the provisions of the Treaty on the Establishment of the French in Switzerland and the Swiss in France of 23 February 1882 1 The status applicable to Swiss nationals who wish to practise in France the professions of chartered accountants or chartered accountants, as defined in Ordinance n O 45-2138 promulgated on 19 September 1945 by the Provisional Government of the French Republic, as well as to French nationals wishing to exercise the same professions in Switzerland, decided to move to that effect a special convention and to appoint As Plenipotentiaries

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers, found in good and due form,

Agreed to the following:

Title I Situation of Swiss nationals established in France

A. General provisions

Art. 1

1. Swiss nationals with a privileged resident card or a residence permit with normal validity will, on their application, be authorised to practice in France the professions of chartered accountants or chartered accountants, subject to satisfaction, On the one hand, the conditions stipulated in Art. 3 of this Agreement and, on the other hand, the requirements of French professionals or equivalent conditions.

The applications submitted by Swiss nationals for the purpose of their installation in France to enable them to benefit later from the preceding paragraph shall be considered with the utmost benevolence and in the spirit of the General conventions concluded by the two countries.

3. The beneficiaries of this authorisation will enjoy the same rights and will be subject to the same obligations as French professionals under the Ordinance of 19 September 1945, but under the conditions and on the reserves provided for by the Convention.

B. Natural persons

Art. 2

1. To obtain an authorization to exercise under s. 1, Swiss nationals established in France shall, inter alia, justify, or that they fulfil the conditions of competence laid down under the n O 5 of the art. 3 or 9, as the case may be, of the Ordinance of 19 September 1945, that they are holders of Swiss professional or technical diplomas whose equivalence with the corresponding French diplomas has been recognised in the statement annexed to the present Convention.

(2) It is agreed that any substantial change in the programs of examination of the diplomas listed in the annexed State will, at the request of one of the Contracting Parties, result in a re-examination of all or part of the Established equivalencies, on the understanding that changes to these equivalencies will not have retroactive effect.

Art. 3

Authorisation to exercise may be granted to Swiss nationals only after a two-year stay in France.

2. However, this period may be reduced in favour:

A.
Professionals holding French university degrees in higher education;
B.
Professionals who hold diplomas awarded by French public education institutions providing, in whole or in part, the knowledge required for the exercise of the professions of chartered accountants or chartered accountants;
C.
Professionals who have rendered exceptional services;
D.
Professionals who have already performed in France, either on their behalf or on behalf of persons or companies specialised in accounting expertise or in the holding of accounts, work relating to the profession of public accountant or That of Chartered Accountant. The total duration of the missions carried out shall be certified, as appropriate, by the Federal Department of Public Economy 1 .

1 Currently: Federal Department of Economics, Training and Research (see RO 2012 3631 ).

Art. 4

The list of Swiss professionals residing in France and authorised to practice one of the professions of chartered accountant or chartered accountant will be listed following the table of the Order.

2. These professionals will be able to report, as the case may be, the title of chartered accountant or chartered accountant. This title may be accompanied by the mention of the French diplomas of which they are holders and of those of the Swiss university or professional degrees recognised equivalent.

In addition, it is agreed between the two contracting parties that, as a measure of reciprocity, Swiss professionals authorised to practice in France will be entitled to the same conditions and under the same conditions as French professionals:

-
Ensure, where appropriate, the duties of the traineeship in respect of the expert-accounting trainees;
-
Participate in regional general meetings with the same rights as members of the Ordred;
-
Enjoy the right to vote for the Regional Councils and the General Assemblies of the Order.

4. They shall exercise their profession under the same conditions as French professionals, subject only to the measures which may be taken by the French Government concerning the secret of national defence.

C. Legal persons

Art. 5

The companies referred to in the last paragraph of Art. 26 of the Order of 19 September 1945 shall satisfy the conditions laid down, as the case may be, by s. 6, 7, 10, 11 and 15 of the said Ordinance, having agreed that, for the purposes of this Convention, the authorizations to exercise personally delivered to their associates or to their heads of Swiss nationality shall be regarded as having Place, for the latter, of the entry in the table required by the Guidelines.

Title II Situation of Swiss nationals not established in France

A. Natural persons

Art. 6

Swiss professionals who do not have a habitual residence in France may, however, on their request, be authorised to carry out tasks within the scope of the activity of accountants or chartered accountants, Reservation to meet the conditions and obligations set out in ss. 1, 2 and 8 of this Agreement.

B. Legal persons

Art. 7

Swiss companies operating in accordance with the regulations in force in Switzerland, a profession corresponding to that of chartered accountant or chartered accountant, will be able, on their request and although not having a permanent seat in France, to be Authorised to carry out missions in the framework of the activity of chartered accountants or chartered accountants, subject to:

-
To meet the conditions and obligations set out in Art. 8 below;
-
To carry out these tasks by, or under the effective direction of a named delegate, personally approved by the French Government as fulfilling the conditions laid down in Art. 1 and 2 ciavant and responsible in accordance with the French regulations in force.

C. Common provisions

Art. 8

1. Requests for authorization shall be accompanied by any information and justification for the review, including the importance and nature of the clientele.

Authorizations to practise in France issued by application of Art. 6 and 7 above will be valid in principle for two years. They may be renewed at the request of the parties concerned.

Renewal applications submitted six months prior to the expiry date of the current authorization will be deemed to be accepted if they have not been adversely affected before the expiry of the authorization. Authorizations to exercise will be revocable if the situation or activity of the beneficiaries is contrary to professional or national regulation.

2. Beneficiaries will have to comply with this regulation in the exercise of their profession in France. They will include:

-
To present to their clients total independence, appreciated both from a financial and technical point of view or from an economic perspective;
-
Refrain from exercising in France, either directly or by person interposed, any activity incompatible with the rules of the Ordre;
-
Provide in France the financial or other guarantees which will be deemed necessary, by application of the provisions of Art. 37, n O 11, of the Ordinance of 19 September 1945, to cover in conditions equivalent to those required of French companies or professionals, the risks arising from their professional responsibility;
-
To provide to the Commissioners of the Government with the Councils of the Order, at the request of the Order, any documents or information that would enable the public authorities and the Order to exercise the control they would have recognized the need for.

3. They shall also:

A.
To elect a professional domicile in France, which will be subject to the control of the public authorities and the Order and where the archives concerning their activity in France will be kept;
B.
The beneficiaries of the authorizations to exercise under s. 6 and 7 may constitute in common the professional domicile referred to in the preceding paragraph. The use of this option may not, however, result in the direct or indirect failure of the conditions laid down in Art. 1, 2 and 8 of this Agreement. In particular, it will have to leave entirely the personal responsibility of each of the beneficiaries whose archives will remain distinct;
C.
To subscribe to the declarations made exclusively to the Commissioner of the Government to the Higher Council of the Order and in accordance with the model annexed to this Convention.

4. However, the obligations set out in paragraph c above, Swiss companies which will operate in France an office that is permanently open to customers and placed under the direction of at least one partner in France, shall be exempt from the obligations set out in paragraph c above. Habitual residence, qualified to incur the responsibility of the company vis-à-vis third parties, authorised in particular to sign the reports of expertise and to adopt the balance sheets and accounts, to ensure the technical, administrative and financial management of the Firm, and personally authorized to practice the profession as the object of the company.

In this case, the company may, as part of the activities of this permanent firm:

-
Obtain an authorization for a term of more than two years, renewable by tacit renewal;
-
Appearing on the list, published with the table of the Order, of foreign companies authorized to exercise,
-
Make use, as the case may be, of the name of a corporation of accounting or business corporation of accounting;
-
Ensure, where appropriate, the vocational training of trainees under the conditions laid down in Art. 4 above.

Title III Provisions common to Swiss

Consideration of applications

Art.

(1) The persons concerned shall be heard by the Higher Council of the Order responsible for giving the competent ministers an opinion on the follow-up which it considers should be reserved for applications for authorisation to exercise. However, the Board of Governors may delegate its powers for hearing to the Regional Council in the constituency from which the person concerned wishes to establish or exercise his or her activity.

2. The hearing shall take place in the presence of the Government Commissioner.

3. Interested persons may be assisted by a lawyer registered with a bar in France.

4. Companies shall be heard in the person of their legal representatives and their delegates to carry out the tasks they will have to carry out in France on their behalf.

5. The candidates undertake to provide to the Commissioners of the Government and to the Councils of the Order, on their request, any information or supporting documents necessary to enable the assessment of their case.

Transitional provisions

Art. 10

1. The applications of Swiss professionals and companies or under the supervision of Swiss nationals, who were practising in France at 1 Er May 1942, or who, in the past, have had to interrupt their professional activity as a result of circumstances related to the state of war, will be examined in the same spirit and according to the same criteria as those of the professionals or French companies in similar situations and benefiting from the transitional provisions laid down in Title VI of the Order of 19 September 1945.

2. In the event that the applications referred to in the preceding paragraph give rise to a decision, or reject, including the obligation to cease all independent accounting activities under their own name and under their responsibility, or authorisation To practise only the profession of chartered accountant, while the application was for the profession of public accountant, the persons concerned may be heard in advance by the representatives of the competent ministries. They may be assisted by a lawyer and by a representative of the Swiss Light. 1

3. The situation of the Swiss professionals and companies referred to in this Article shall be settled within 6 months.


1 This legation has been turned into an embassy.

Title IV Situation of French professionals and companies operating in Switzerland

Art. 11

1. For the exercise of the profession of chartered accountant or chartered accountant, on a personal basis or on behalf of trust companies, the French beneficiaries of a residence permit or residence permit authorising them to carry on the activity Chartered accountant or chartered accountant, will be fully assimilated to Swiss professionals.

The applications submitted by French nationals for the purpose of their installation in Switzerland to enable them to benefit later from the preceding paragraph shall be examined with the utmost benefit and in the spirit of the General agreements between the two countries.

3. French professionals or companies who travel to Switzerland to establish or carry out temporary missions entering Switzerland in the course of their activities shall be regarded as fulfilling the technical and moral requirements of the From the moment that they justify their inclusion in the table of the Order in France.

Art. 12

French professionals will be able to use in Switzerland, as the case may be, the following professional titles or designations assimilated under the current regulations:

1. "Graduated accounting officer", if they are either holders of the French diploma or certificate of public accountant issued by the Minister of National Education, or are listed in the table of the Order as experts;

2. "Graduate Accountant", if they are either the holder of the professional patent or the certificate of admission to the preliminary examination of a public accountant issued by the Minister of National Education, be entered in the table of the Order as Chartered accountant.

Title V General provisions

Art. 13

The provisions of this Convention shall be applicable subject to the necessary arrangements for adaptation in respect of the transitional measures provided for in Art. 10, Algeria 1 , Guadeloupe, French Guiana, Martinique, Réunion, as well as the territories or countries of the French Union in which the professions of chartered accountants and chartered accountants are or will be regulated.


1 From 1 Er July 1962, Algeria is an independent state.

Art. 14

Any advantage that one of the Contracting Parties would have granted or could still concede in the future to nationals of another country shall be applicable in the same manner and at the same time to the other Party, without the need to Special agreement for this purpose.

Art. 15

1. This Agreement with its Annexes shall take effect from 1 Er January 1948 and will remain enforceable until December 31, 1952.

2. It shall be renewed tacitly, for a period of 5 years, unless terminated by one of the Contracting Parties, notified at least six months before the expiry of each term.

3. The application of this Convention and any amendments may be submitted to the Joint Commission provided for in the Franco-Swiss Agreements of 1 Er August 1946 1 .


1 RS 0.142.113.494 Art. 10, 0.142.113.497 Art. 10

Art. 16

This Agreement shall be signed subject to ratification. The instruments of ratification will be exchanged as soon as possible in Paris.

In witness whereof, The undersigned duly authorized to that effect have signed this Agreement.

Done at Lugano, in duplicate, on 27 April 1948.

Annex A

Annex A to the Franco-Swiss Convention on the exercise of professional accountancy and accounting professions

(art. 2, para. 1)

List of Swiss and French diplomas declared equivalent for the financial year, in France or Switzerland, of the professions of chartered accountants and chartered accountants

French titles

A diploma of public accountant and a public accountant certificate issued by the Minister of National Education.

Swiss Title

Federal Public Accountant Diploma issued by the Federal Department of Public Economics 1 (with Registry A registration).


1 Currently: Federal Department of Economics, Training and Research (see RO 2012 3631 ).


State 1 Er January 2013

Annex B

Annex B to the Franco-Swiss Convention on the Practice of Chartered Accountancy and Chartered Accountancy Professions

List of Swiss and French diplomas not equivalent but qualifying for the exercise of the profession of chartered accountant

A. Professional patent and federal accounting diploma

Considering that the French diploma means a professional patent and the Swiss diploma called the Federal diploma of accounting are not issued after examination of the same nature, their equivalence cannot be considered.

Noting, however, that these two diplomas are only granted to candidates who have met the practical tests of the knowledge necessary for the exercise of the profession of chartered accountant,

The Contracting Parties agree that these diplomas will give their owners in France and in Switzerland the rights conferred on them by each country in their territory in the light of the professions of chartered accountants and chartered accountants.

B. Candidates admitted as a result of the tests of the preliminary examination to the accounting expertise

Considering that the tests of the French preliminary examination permit the control of the general and technical knowledge sufficient to practice in France the profession of chartered accountant after the exercise of an accounting activity for a period of time Minimum two years,

Whereas the corresponding Swiss preliminary examination constitutes a similar control of general technical and practical knowledge,

The Contracting Parties agree that having met the tests of any of the examinations shall permit, in both countries, the exercise of the profession of chartered accounting officer.


State 1 Er January 2013

Annex C

Annex C to the Franco-Swiss Convention on the Practice of Chartered Accountancy and Chartered Accountancy Professions

Declaring

Name and first names

(or social)

Address

Authorized Profession

Confidential

STATEMENT 1

Under s. 8, para. 3, of the Franco-Swiss Convention of 27 April 1948

Customer

Name and first names

(or social)

Address

Occupation

Mission

Nature

Runtime Epoque

Probable Execution Time

Staff

Name of the authorized delegate responsible for the execution of the mission or its management (for companies)

Name of other professionals involved in the competition

A

, the

19

(signature)


1 This declaration, intended exclusively for the administration, must be addressed, in duplicate, to the Commissioner of the Government near the High Council of the Order of Accountants and Chartered Accountants at the latest at the time of the Starting jobs.


State 1 Er January 2013

Final Protocol

1. For the purposes of s. 4, para. 4, it was agreed that the restrictions applicable to Swiss professionals would not be systematic but should, as far as possible, be determined in the light of the circumstances of the case.

2. The attention of the French and Swiss delegations has been given to the professional situation of the Swiss, who will be regularly authorised to practice in France the professions of chartered accountants and chartered accountants.

Subject to the provisions of para. 4 of Art. 4 of the Convention, it was agreed that the application of the status of the Order of Experts-Chartered Accountants and Accountants to Swiss professionals would henceforth not have the effect of placing them vis-de-vis the clientele in a situation other than That of French professionals.

Lugano, 27 April 1948.

Max Holzer

Erwin Bernath

Felix Simmen

Philippe Périer

André Brunet


RO 1951 1019



State 1 Er January 2013