222 bd Saint-Germain, 75007 Paris
32 bd Paoli, 20200 Bastia, Corse
CORPORATE LAW
Orders 2020-321 and 2020-318 of March 25, 2020 adapt the rules for deliberation for the approval of the 2020 financial statements (Orders 2020-318 of March 25, 2020; Orders 2020-321 of March 25, 2020).
In principle, companies must have their annual financial statements approved within six months of the end of the fiscal year.
At the time of Covid-19, they have the choice between using alternative measures (conference call, videoconference, written consultation) or postponing the holding of the meeting.
The manager of a SCI can be dismissed if he does not convene the partners to approve the accounts (Cass. com. 23-10-2019 n° 17-31.653 F-D)
Many partners of SCIs, especially in family-owned SCIs, neglect to approve the accounts on the grounds that, unlike commercial companies, SCIs are not required to file accounts with the registry.
However, Article 1856 of the Civil Code requires the manager to report at least once a year to the partners on his management and failure to comply with this obligation exposes the manager to the risk of dismissal.