EIRL statutory auditor: what are the obligations?

The auditor is a legal auditor who is external to the company. Their appointment is optional in EIRL. If appointed, they verify the accuracy and compliance of financial information with applicable law. In this respect, they also have a supervisory role over decisions taken by the EIRL's manager.

During his interventions, he carries out a legal audit and certifies the annual accounts for the tax authorities.

More frequently, it occurs when the company is created, to draw up the assets assigned to the EIRL.

What are the specific features of an EIRL (sole proprietorship with limited liability)?

The special thing about an EIRL is that it ensures a strict separation between the entrepreneur's professional and personal assets. Their liability is limited to their capital contributions to the company.

In other words, their personal assets cannot be seized to repay a debt owed by the company, except in the event of a management error recognized by a court.

From a legal standpoint, the EIRL is for entrepreneurs who want to protect their personal assets in the event of bankruptcy, while still benefiting from the same tax conditions as micro-entrepreneurs. The entrepreneur therefore remains the owner of both estates despite their separation.

The EIRL nevertheless has a « dedicated assets ». This is a legal status in its own right that gives the company its own assets. Drafting articles of association is not compulsory for EIRLs, which is why there is no difference between the legal and physical person.

You can operate as an EIRL, whether you are a sole trader, merchant, artisan, farmer or professional.

When should you call on a statutory auditor?

You don't have to appoint an auditor in an EIRL. They mainly get involved when you're setting up your asset allocation declaration. This needs to include a descriptive list of the assets and rights allocated to the business, including their nature, quality, quantity, and value.

The intervention of an auditor is mandatory if the value of an asset exceeds €30,000 (excluding cash).

To carry out this task, you can also seek advice from a chartered accountant, a management and accounting association, or a notary (only if it involves real estate).

What's the procedure for appointing an auditor for your EIRL?

If you're an EIRL, the decision to appoint an auditor is entirely up to you.

First, it is essential to publish a legal announcement in an approved newspaper. This must include:

• The company name of your EIRL (Sole Proprietorship with Limited Liability)
• Head office address
• Its identification number, followed by the word RCS and the name of the town in which it is registered.
• The identity of the statutory auditor
• Effective date of appointment
• The Clerk's Office of the Commercial Court with jurisdiction over the address of the registered office

Once the ad is published, you must submit a complete file to the relevant Business Formalities Center (CFE). This must include:

• The appropriate CERFA form for your EIRL (Entreprise Individuelle à Responsabilité Limitée).
• A letter of acceptance from the statutory auditor and his appointment
• Proof that your auditor is on the official list
• Proof of publication of your legal notice
• Payment of fees to the commercial court clerk's office

Appointing an auditor follows a standard administrative procedure that must be strictly followed. To help them with these steps, many EIRL managers use domiciliation companies.

Thanks to SeDomicilier, you can obtain a certificate of domiciliation in less than 5 minutes, in a 100% online process.

All your services are then available in a personalized, secure virtual office.

You can also benefit from dedicated administrative and legal assistance to support you in all your official procedures to appoint an auditor in your EIRL.