Any time during the year, the auditor shall perform all verifications and inspections that he deems appropriate and may receive, on-site, all documents that he deems relevant to the performance of his duties, including all contracts, books, accounting documents and registers of minutes.
To carry out these verifications and inspections, the auditor may, under his responsibility, enlist the assistance of or be represented by experts or collaborators of his choice, whose names he shall disclose to the company. They shall have the same rights of investigation as the auditors.
Enquiries stipulated in this article may be conducted within the company as well as in parent companies or subsidiaries within the meaning of articles 178 and 180 above.
Where there are several auditors in function, they can conduct their investigations, audits and inspections separately, but they shall draw up a joint report.
In case of disagreement among the auditors, the report shall state the different opinions that have been formed.
The auditor may also collect all useful information for the performance of his duties from third parties who have carried out transactions on behalf of the company. However, this right to information may not extend to the communication of items, contracts and any documents held by third parties, unless it is authorized by a decision of the competent court ruling expeditiously.
The professional privilege may not be opposed to auditors except by the court officers.
The auditor has been called to all meetings of the shareholders, at the latest, at the time the shareholders are called themselves, by hand-delivered notice against a receipt or by registered mail with a request for acknowledgement of receipt. Failing to invite the auditor, the meeting shall be invalid only if the auditor has to submit a report. In all other cases of improper call of a meeting, it may be cancelled. However, the action for invalidity is not admissible when the auditor was present.
The auditor has been called to the meeting of the board of directors or the general director, as the case may be, that adopts the accounts of the fiscal year, as well as to any other meeting of the board or the general director relevant to his duties.
The notice of the meeting shall be sent, at the latest, at the time the members of the board of directors are called or when the company is headed by a general director, three (3) days at least before the proceedings by hand-delivered letter against a receipt or by registered mail with request for acknowledgement of receipt.
Failing to call the auditor the auditor, the meeting may be cancelled. However, the action for invalidity is not admissible when the auditor was present.
The auditor fees shall be borne by the company.
The fee amount shall be fixed globally, irrespective of the number of auditors who shall share such fees among themselves.
Travel and living expenses incurred by the auditors during the performance of their duties shall be borne by the company.
Likewise, the company may grant exceptional compensation to the auditor when he:
1°) performs an additional professional activity, on behalf of the company, abroad;
2°) performs special assignments of reviewing accounts of companies in which the audited company holds shares or intends to hold shares;
3°) performs temporary tasks assigned by the company at the request of a public authority.