Commercial companies must file their annual accounts with the registry of the Commercial Court, but depending on their size (micro-enterprise, small or medium-sized enterprise), they may decide that all or part of these accounts will not be made public.
The micro-enterprise is a company that does not exceed two of the following three thresholds at the end of its last financial year: € 350,000 in balance sheet total, € 700,000 in net turnover, 10 employees employed during the financial year . The micro-enterprise requesting confidentiality must file its accounts with a declaration of confidentiality of the annual accounts. If the micro-enterprise has an auditor, his report on the annual accounts is also filed but is not made public.
When filing accounting documents with a declaration of confidentiality, the registry of the Commercial Court confirms the confidentiality of this deposit.. Due to the privacy statement, the public does not have access to the accounts of the micro-enterprise. However, the accounts are fully accessible to judicial authorities, administrative authorities, the Banque de France and certain companies financing or investing directly or indirectly in companies or providing them with services.
Deposit confidential annual accounts of small companies
The small business is a company that does not exceed two of the following three thresholds at the end of its last financial year: 4 million euros in balance sheet total, 8 million euros in net turnover, 50 employees employed during exercise. The confidentiality option is not open to a small company which holds capital in other companies (subsidiaries or participations) when this capital holding leads it to exercise control over these companies and therefore to be part of a group. The confidential deposit of the accounts of the small business does not relate to the totality of the accounts but to the income statement. The small business files its accounts with a declaration of confidentiality of the income statement, in which it certifies in particular that it does not belong to a group.
The auditor’s report on the annual accounts is not made public but it is indicated whether the auditor has certified the accounts without reservation or with reservations or if he has refused to certify them, if he has been in the inability to certify them or if his report refers to any matter to which he has drawn special attention without qualifying the certification. Upon filing of documents with a declaration of confidentiality, the registry of the Commercial Court ascertains the confidentiality of this filing.
Due to the privacy statement, the public only has access to the balance sheet and annexes of the small business. However, the accounts are fully accessible to judicial authorities, administrative authorities, the Banque de France and certain companies financing or investing directly or indirectly in companies or providing them with services.
Deposit confidential annual accounts of medium-sized enterprises
The medium-sized enterprise is a company that does not exceed two of the following three thresholds at the end of its last financial year: 20 million euros of balance sheet total, 40 million euros of net turnover, 250 employees employed during exercise. The privacy option is not open to the medium-sized business that belongs to a group. The confidential filing of the accounts of the medium-sized enterprise relates to a simplified presentation of the balance sheet and the appendix.
The annual accounts are filed in the usual format, accompanied by the balance sheet and the appendix in simplified format, and a declaration specifying the abridged nature of this publication and whether the auditor has certified the accounts without reservation or with reservations or refused to certify them, if it was unable to certify them or if its report refers to any matter to which it has drawn special attention without qualifying the certification.
The auditor’s report on the annual accounts is not made public. When filing accounting documents with a declaration of confidentiality, the registry of the Commercial Court confirms the confidentiality of this deposit.. Due to the confidentiality declaration, the public only has access to the balance sheet and the annexes in simplified format of the medium-sized enterprise. However, the accounts are fully accessible to judicial authorities, administrative authorities, the Banque de France and certain companies financing or investing directly or indirectly in companies or providing them with services.
TO REMEMBER
Confidential filing makes it possible to limit the information accessible to the public on the annual accounts of a company. Before proceeding, it must ensure that it meets the eligibility criteria and that it is not in the field of exclusions. Any false declaration of confidentiality constitutes a forgery and a use of forgery, punishable by fines and imprisonment.
Florence Deumié, Lawyer
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