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

Anti-corruption audit procedures belong to the third pillar of the anti-corruption system, relating to corporate risk management. They contribute to improving the efficiency and completeness of the operations carried out by the undertaking, as well as the use of the resources devoted to them, in order to safeguard its assets and cash flow, while taking into account operational, financial and compl …

Audit procedure

Anti-corruption audit procedures belong to the third pillar of the anti-corruption system, relating to corporate risk management. They contribute to improving the efficiency and completeness of the operations carried out by the undertaking, as well as the use of the resources devoted to them, in order to safeguard its assets and cash flow, while taking into account operational, financial and compliance risks. As such, they are a key tool in the prevention and detection of corruption and influence peddling , making it possible to ensure that books, records and accounts are not used to conceal offenses against probity .

The French Anti-corruption Agency (Agence française anticorruption - AFA) states that audit procedures are based on the risk situations identified in the corruption risk map. These controls may cover sponsorship and patronage transactions, fees and commissions, entertainment and travel expenses, gifts and invitations, donations, bequests, atypical flows such as suspense or transitory accounts, exceptional or high-stakes transactions, and those linked to the use of third parties belonging to a group presenting a high level of risk, such as intermediaries or consultants, financial or material flows to accounts or third parties belonging to a high-risk group (such as intermediaries or sales agents), or off-balance-sheet commitments, such as third-party commitments, guarantees or sureties, considered intrinsically risky . According to the AFA, off-balance sheet items such as discounts and rebates, miscellaneous expenses and cash in hand, as well as balance sheet items such as goodwill, suspense accounts and prepayments, are also considered high-risk .

Anti-corruption audit procedures may be carried out internally, by the undertaking's own accounting and finance departments, or by external auditors, appointed for this purpose, when carrying out the account certification audits provided for in Article L. 823-9 of the Commercial Code. In addition, where undertakings are obliged to appoint a statutory auditor to certify their accounts, the latter participates in the prevention and detection of corruption, in the course of his or her audits and in line with his or her objective of preventing the audited undertaking from running into difficulties, especially as he or she is required to report to the public prosecutor any suspected criminal acts, including corruption, which come to his or her attention in the course of his or her assignment .

AFA recommendations designed 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 292.

Compliance

53. Audit procedure

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Sous parties

Les notions juridiques connexes

53. Audit procedure

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Sous parties

Les notions juridiques connexes

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