CRIM DECISION . – 15 September 1999. RELEASE No. 98-81855. – CA Lyon, February 4, 1998. – M. Peltier et a.
1 ° The auditor has the obligation to reveal to the public prosecutor, as soon as he becomes aware of them within the framework of his mission, the irregularities likely to receive a criminal qualification, even if this one cannot in l state to be precisely defined.
2 ° The civil liability of the auditor provided for in article 234, paragraph 2, of the law of 24 July 1966 on commercial companies in the event of non-disclosure, in his report to the general meeting, of the offenses committed by directors or members of the management board have their source not in a criminal offense but in a civil breach. As a result, the criminal court cannot be seized of such a liability action.
KEYWORDS Joint-stock company. – Anonimous society. – Auditor. – Offenses committed by directors or members of the management board. – Non-disclosure in his report to the general meeting. – Public liability.