Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

The Sanctions Committee of the French Anti-corruption Agency (Agence française anticorruption - AFA) recommends that undertakings adopt both internal and external audit procedures, incorporating the specific audit procedures for identifying and preventing corruption risks described in the risk map . It emphasizes that the Sapin II Law imposes on undertakings both a formal obligation to draw up pro …

Content of the audit procedure

The Sanctions Committee of the French Anti-corruption Agency (Agence française anticorruption - AFA) recommends that undertakings adopt both internal and external audit procedures, incorporating the specific audit procedures for identifying and preventing corruption risks described in the risk map . It emphasizes that the Sapin II Law imposes on undertakings both a formal obligation to draw up procedures, and an obligation to effectively implement formalized audits and justify them to the Sanctions Committee, should the matter be referred to it . In addition, as part of its general recommendations, the AFA urges undertakings to always separate responsibilities between the verification of the service performed, the request for payment, the authorization of payment and the actual payment, emphasizing that such organization is likely to promote the prevention of breaches of probity .

Anti-corruption audit procedures should be carried out at three levels. First-level audits are generally carried out by those responsible for entering and validating accounting entries, who ensure that entries are properly justified and documented. In order to limit the risk of self-checking, high-risk accounting entries should preferably be examined and validated by an employee other than the one who entered them . For entries below a defined threshold, cross-validation between employees is sufficient. For entries above this threshold, however, validation by line management is recommended . Second-level audits, carried out by persons independent of those who performed the first-level audits, are performed throughout the year . Their purpose is to ensure that first-level anti-corruption audits have been properly carried out. When audits are carried out on a random basis, the sample selected must be representative of the risks inherent in the transactions processed. Sampling procedures are defined on the basis of a prior analysis of the various entries and risks concerned, to ensure that they are representative . Where first-level audits have been automated, second-level audits must be adapted accordingly . Their results must be summarized in a conclusive report, including, in the event of anomalies, the definition of corrective actions as part of an action plan . Finally, the effectiveness of anti-corruption audit procedures is regularly assessed as part of third-level accounting audits . These audits cover all accounting systems, to ensure that anti-corruption audit procedures comply with corporate requirements, are effectively implemented and kept up to date . In this context, the purpose of third-level audits is to assess the relevance and effectiveness of the governance and resources allocated to anti-corruption audit procedures, as well as the method used to develop and apply the first two levels of audit procedures .

AFA, 30 November 2021, LawLex202200001702JBJ.

AFA recommendations to help public and private legal entities prevent and detect corruption, influence peddling, misappropriation of public funds and favoritism of 4 December 2020, JORF of 12 January 2021, pt 71.

Compliance

55. Content of the audit procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

55. Content of the audit procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise