ACCOUNTING MISSION'S CONTRACT IN ENGLISH
Paris, the 08/12/2022
This contract of mission is established between:
The Company of Accounting and Financial Expertise , owner of the website www.exxactitude.com SARL of accounting expertise with capital of 100,000 euros Member of the Order of Chartered Accountants Paris Ile-de-France area Siret 712,023,357,00049 - NAF 6920Z RC Paris B712 023 357 - VAT Intracom FR06 712 023 357 Registered office: 24 rue Godot de Mauroy - 75009 Paris Tel: 01 42 66 58 01 - Mail: email@example.com Acting through its legal representative, Mr. Laurent MENAGER, Manager and Registered Chartered Accountant, hereinafter referred to as The Cabinet ,
The company , Domiciled with - Tel: - Mail: Represented by , , hereinafter called The Customer ,
The customer decided to designate the Accountancy and Finance Corporation to to ensure a mission of presentation of its annual and / or intermediate accounts for the exercise starting at and closing the .
This mission contract is governed by:
1. TARIFF CONDITIONS
The firm "Société d'Expertise Comptable et Financière" offers its clients 3 packaged accounting offers:
The contents of each of these packages are as follows:
For these Accounting Packs, the rate communicated to the customer takes into account cumulatively the selected Accounting Pack and the information entered by the customer during the establishment of his quote, namely:
The customer is therefore called upon to choose the Accounting Pack that best meets his needs and not to underestimate his turnover and / or the number of invoices sent for processing, at the risk of exposing himself to the following adjustments. :
The firm "Société d'Expertise Comptable et Financière" also offers its customers 3 packaged pay packages:
For these Payroll Packs, the rate communicated to the customer takes into account cumulatively the Payroll Pack chosen and the number of payslips transmitted. Since this rate is decreasing (the more payroll you have to pay, the better the price will be for the customer).
The customer is therefore called upon to choose the Payroll Pack that best meets his needs and not to overestimate the number of pay slips to be established per month, at the risk of exposing himself to the following accruals:
Any service that is not part of the above packages is considered a benefit à la carte. Its price will be communicated beforehand to the customer for validation.
You expressed your need by proceeding to the downloading of the estimate N ° , of which here the detail:
Accounting Pack chosen : ""
Your annual turnover is HT euros;
Number of sales invoices to be processed per year is invoices; Number of purchase invoices to be processed per year is invoices.
Additional services requested:
Number of accounting situation to be established per year is .
Number of Business Plans to be established per year is .
Selected payroll package : ""
Number of payslips to be established per month is pay slip (s).
Given the items you have entered, we are able to offer you the following pricing:
Price Pack selected : ""
Monthly cost of processing tax returns: euros including tax;
Monthly cost of processing your sales invoices: euros including tax;
Monthly cost of processing your purchase invoices: euros including tax.
Rates additional services required:
Monthly rate for accounting situation (s) to be established per year: euros including tax;
Monthly rate of Business Plan (s) to be established per year is: euros including tax.
Price pay package chosen : ""
Monthly rate of establishment of pay slip (s): euros TTC
The total of our monthly fees for the services contracted above is of: TTC (ie an HT of + 20% VAT)
Our fees are issued monthly on the 15th of each month for payment by the 10th of the following month. As an exception, the first bill of lading will include the monthly provisions for the first month of the accounting year. Fees following additional services requested by you or proposed by our firm will be subject to specific billing and issued by mutual agreement. These fees will be payable on the 10th of the following month unless otherwise agreed between the client and the firm.In the event of termination of the engagement, the firm will issue its last notice in advance or concomitantly to the establishment of the last annual accounts and will wait for the full payment of its fees before delivering to the client all of its work relating to this last exercise.
2. SPECIFIC CONDITIONS OF THE MISSION TO PRESENT THE ANNUAL AND / OR INTERMEDIATE ACCOUNTS
The mission that you intend to entrust to us will be carried out in accordance with the provisions of the professional standard of the Board of the Chartered Accountants applicable to the mission of presentation of accounts and the legal and regulatory texts applicable to the professionals of the accounting expertise that we are required to respect.We would like to draw your attention to the fact that in accordance with Article L 123-14 of the French Commercial Code, the annual accounts must be regular, fair and give a true and fair view of the assets, financial situation and results of operations. your entity. You thus remain responsible to third parties for the completeness, reliability and accuracy of the accounting and financial information contributing to the presentation of the accounts as well as the internal control procedures contributing to the preparation of these accounts. This includes compliance with the rules applicable to the keeping of accounts in France and the accounting standards applicable to your sector of activity.
The mission is concluded for the duration of the fiscal year, from to . For this financial year, our mission will start from the signature of this contract until the end of the accounting year, the expiry date of the contract. The number of months due corresponds to the duration of the financial year, in principle 12 months. For newly incorporated companies, the number of months payable corresponds to the number of months between the date of registration and the closing date of the 1st financial year. For the others, the number of months payable corresponds to the duration of the financial year, ie 12 months.The mission is renewable each year by tacit agreement, unless it is denounced by registered letter with acknowledgment of receipt three months before the closing date of the financial year.
This is a moderate assurance engagement resulting in a negative opinion about the consistency and likelihood of your entity's accounts taken as a whole. The level of assurance is lower than that of an audit or a limited review. It consists of expressing an opinion on the consistency and likelihood of the accounts of your entity. This mission is not intended to detect errors, illegal acts or other irregularities that may or may have occurred in your entity.
Our work will consist of assisting you with the closing of accounts and their overall presentation. They include:
Their purpose is to enable us to express moderate level assurance on the consistency and likelihood of the annual and / or interim financial statements. They do not include the control of the reality and the exhaustiveness, nor the control of the physical inventories of the assets of your entity at the end of the accounting year (stocks, fixed assets, cash in particular), nor the appreciation of the internal control procedures and confirmation of balances with third parties.We make it clear that we are legally liable to a simple obligation of means. Consequently, the verification of the entries and their reconciliation with the supporting documents are carried out by our firm only by tests, and therefore do not concern the assessment of the legality, the reliability and the accuracy of the documents presented.
Our mission will be performed under the direction of Mr Laurent MENAGER, Chartered Accountant, who can be assisted by other assistants of the firm if necessary.Depending on the internal constraints, the firm could use subcontracting of accounting work to a member of the Order or a non-member of the Order both in France and abroad. The client agrees to authorize the Company of Accounting and Financial Expertise to use subcontracting. The above-mentioned accountant effectively controls all the work done by the subcontractor. He is not content to affix a simple visa of convenience. He ensures the respect of the professional secrecy. He checks all the accounting entries recorded by the subcontractor and all the documents he has drawn up.
We rely on your cooperation and that of your employees to provide us with the information and documents necessary to perform our mission in good conditions, including:
At the end of our work, we will establish a certificate on the annual and / or intermediate accounts of your entity to which the accounts in question will be annexed. For the considered exercises, we propose you to intervene according to the following schedule:
3. GENERAL CONDITIONS OF SALE
The present conditions are applicable to the agreements relating to the engagements concluded between the firm Société d'Expertise Comptable et Financière called the chartered accountant and his client. The client acknowledges that he contracts as a professional and that the attached engagement letter constitutes a service contract directly related to his professional activities.
The work of the accountant is detailed in the engagement letter and its annexes and is strictly limited to its content.
The public accountant carries out the mission entrusted to him in accordance with the provisions of the Code of Ethics included in the decree of 30 March 2012 on the exercise of the public accounting activity, the professional standard of "Quality control". ", The professional standard relating to the obligations of the accounting profession in the fight against money laundering and the financing of terrorism (NPLAB) developed in accordance with the provisions of the Monetary and Financial Code and, where applicable, the standard professional work specific to the mission in question. It contracts, because of this mission, an obligation of means.The accountant can be assisted by the employees of his choice. The name of the main collaborator responsible for the file is indicated to the client. The accountant may also be assisted by any other expert, sapitor, co-contractor and subcontractor, whether located in France or abroad. Upon completion of his assignment, the accountant returns the documents belonging to the client entrusted by him to the execution of the assignment. The accountant is required to:
The client refrains from any act likely to undermine the independence of the accountant or his / her / its collaborators, in particular by abstaining to make them all offers to execute missions for their own account or to become employee client. The client agrees to provide the accountant, prior to the commencement of the assignment, the information and identification required in accordance with the provisions of Articles L 561-1 and following of the Monetary and Financial Code. The contract is concluded under the condition of obtaining such information and documents. The mission can not be implemented before they are obtained. It's about :
As part of the customer identification obligation:
In the context of the obligation of identification of the beneficial owner, if it appears that a natural person fulfills the conditions to be qualified as beneficial owner:
Failing to obtain identification documents from the client at the entry into mission, the contract will be automatically resolved. The customer remains responsible for the correct application of the legislation and regulations in force; the accountant can not be considered as replacing the obligations of the client because of this mission. In accordance with the legal requirements, the client must take all necessary measures to keep the supporting documents and, in general, all the documents produced by the accountant during the retention periods required by law or regulation. .When processing is performed on the client's computer system, the client will have to back up and archive data and computerized processes to ensure their preservation, inviolability and subsequent reading. In general, the customer must also take all necessary measures to ensure the protection of his computer system.
The accountant receives from the client a freely agreed fee which is exclusive of any other remuneration, even indirect. He is reimbursed for his travel expenses and disbursements. Advance payments can be requested periodically. The fees are paid by direct debit (SEPA mandate), by bank transfer or no check.Fees are paid on their due date; in case of advance payment, no discount is granted; in the event of late payment, late payment penalties are due the day following the settlement date on the invoice; Unless otherwise stipulated, which can not set an interest rate for these penalties less than three times the legal interest rate, the interest rate will be equal to that applied by the European Central Bank to its most recent refinancing operation. plus 10 percentage points. Late payment penalties are due without the need for a reminder (Article L441-6 of the French Commercial Code).A lump sum compensation for recovery costs of 40 euros is also automatically due in case of late payment. Where the recovery costs incurred exceed the amount of this lump sum indemnity, additional compensation may be claimed on receipts. Any dispute of an invoice must be made upon receipt, specify the disputed service, and be motivated; such dispute shall not justify the non-payment of the other undisputed benefits, including those made concomitantly, simultaneously, or when the conditions for recourse to the periodic invoice are met, included in the same invoice.Non-payment of fees may, after a reminder by registered letter with acknowledgment of receipt, lead to the suspension of the work or terminate the mission. In the event of a change in billing methods, prior information will be given to the customer. In the event of termination of the contract by one or the other of the parties, assistance to transfer the file to the company or to a new service provider may be done at the customer's request. In the event of use of the right of retention provided for in article 168 of the Code of Ethics integrated into the decree of March 30, 2012 relating to the exercise of the public accounting activity, the president of the Regional Council of the Order of accountants will be informed.
The professional civil liability of the accountant can be put into play only over a contractually defined period of two years from the events that have caused injury to the company. The actions in responsibility against the accountant must be formed within a period of three months from the events that have caused damage to the company, just foreclosure.Every event likely to have consequences including liability must be carried by the client without delay to the accountant's knowledge. The contractual liability of the accountant to the client, for all the damaging consequences of the same assignment, is limited to a ceiling of five hundred thousand (500,000) euros.The professional civil liability of the accountant is covered by an insurance contract signed with the insurance company MMA ASSURANCES MUTUELLES, 14 Boulevard Marie and Alexandre Oyon - 72030 Le Mans Cedex 9. The responsibility of the expert- accountant can not be engaged in the event that the damage suffered by the customer is a consequence:
In the event of termination by the client during a financial year (or during the assignment in the event of a specific assignment), and unless misconduct attributable to the accountant, the client will have to pay to the latter the fees due for the work already done, plus a contractual indemnity equal to 33% of the annual fees agreed for the current year or the last year of fees in the event of an uncertain amount. In case of failure of the client to one of its obligations, the accountant will have the option to terminate his mission after sending a formal notice in the form of registered letter remained ineffective. Upon the occurrence of an event likely to place him in a situation of conflict of interest or to affect his independence, the accountant has the obligation to terminate the contract.
When the mission is suspended due to force majeure as defined in article 1218 of the Civil Code (temporary impediment), the deadlines for the submission of the works are extended for a duration equal to that of the suspension referred to above, unless the delay resulting from it does not justify the resolution. During the suspension period, all the provisions of the contract remain applicable. If the client fails to fulfill one of his obligations (example: failure to pay fees by the due date) , the accountant will have the option of suspending his mission after the sending of a formal notice. in the form of a registered letter remained ineffective, and can not be held responsible for the detrimental consequences that may result from this suspension.
The task of preparing and presenting the annual and / or interim financial statements is entrusted by the client to the Company of Accounting and Financial Expertise as from its acceptance. The company Accounting and Financial Expertise is qualified as a subcontractor and acts only on the instructions of its client and in the name and on behalf of his client.The firm is authorized to process on behalf of its client the personal data necessary to provide the following service (s): keeping the accounts, preparing tax declarations, preparing and presenting the annual accounts, making available on-line financial management, accounting or document management (GED). The nature of the transactions carried out on the data consists of posting them in the accountant's database. The purpose of the processing is to prepare the tax returns of the client. The personal data processed is saved in the information system of the accountant. The categories of persons concerned are the employees and the corporate officers of the client. For the execution of the service object of this contract,It is up to the client to provide the information to those involved in the processing operations at the time of data collection. The firm is committed to:
In case of dispute by the client of the conditions of exercise of the mission or dispute over the fees, the accountant endeavors to have the conciliation or arbitration of the president of the regional council of the order before any lawsuit.
This contract of mission will be governed and interpreted according to the French law. All disputes to which the contract may give rise, in particular as regards its validity, interpretation, execution and realization, shall be submitted to the competent courts of Paris.
4. TABLE OF DISTRIBUTION OF RESPECTIVE OBLIGATIONS BETWEEN THE CLIENT AND THE CABINET
Q = Daily / P = Periodic M = Monthly / T = Quarterly / S = Semi-Annual / A = Annual
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Document Name: ACCOUNTING MISSION'S CONTRACT IN ENGLISH
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