The company must comply with the applicable rules so as not to break the law. The preservation of certain documents also allows him: – to protect his rights, because it is easier to prove the reality and scope of his rights in writing; – prove that he has fulfilled his obligations, in particular vis-à-vis the tax administration, the Social Fund or a contracting party. – prove the date of settlement of a debt (written proof of payment gives the settlement “a certain date”), – in the event of a dispute, provide “prima facie written evidence”: any written document may constitute prima facie evidence in written form if it makes it plausible that one wishes to prove it; For example, a bank statement showing payment of an amount may prima facie constitute written proof of a debt that has not been the subject of a written commitment. Note: In the absence of clear fonts, it can be useful for files that can be sources of dispute, fax, email, . for these documents will be prima facie evidence in written form. A company must keep any document created or received in the course of its activity© for a minimum period©© of time. This amount©varies according to the type of paper and the©obligations set. The Company may also archive documents for a longer period of time©, unless they contain personal data. During this period, © the administration may carry out checks. On this page you will find the deadlines©for storing the main documents. You can also use a simulator. Retention periods for legal documents also vary. It is recommended to keep for at least 3 years the attendance lists and other convocations, but also the reports of the auditors and the manager.
A retention period of 5 years is required for the minutes of meetings (from the last issued) and the articles of association of the company from their disappearance. The company`s annual financial statements (balance sheets, profit and loss accounts and notes) must be kept for 10 years, or 10 years. In the case of tax documents, the retention period is determined from the tax year. Other documents such as invoices from customers or suppliers, contracts concluded electronically, commercial correspondence (orders or delivery notes) must be kept for ten years. Did you know? Corporate records have a limited retention period. Therefore, in order not to be punished, it is essential to respect this duration. But what are the legal deadlines to be respected for each type of document (trade, accounting, taxation, social affairs, banking…)? Here is a guide to the applicable limit values, subject to regulatory changes. Attention, in case of breach of these retention obligations, you will be subject to sanctions. They can be commercial or tax or even criminal. Although document scanning is a reliable and secure storage solution, it is highly recommended to keep your original documents in paper format. To facilitate the storage of your corporate documents, you can equip yourself with an archiving solution with probative value adapted to your needs. The same duration applies to the retention of the commercial lease.
Also in terms of real estate, any contract for the purchase or transfer of a building or land must be presented for a period of 30 years. In most cases, the mandatory retention period of a document corresponds to the limitation period, after which there can be no further dispute: the limitation period corresponds to the principle that the expiry of a period entails the expiry of a right, which makes prosecution impossible. Note: The limitation period begins to run on the day on which the holder of the right or act becomes aware of the facts that allow him to exercise the right or act (Article 2224 of the Civil Code). Note: The periods below are the minimum retention period. The archiving of accounting documents is subject to a legal retention period of 10 years. The counting of archiving time begins at the end of the accounting year. From the end of the financial year, the legal retention period for accounting documents is 10 years, whether they are orders, delivery notes, invoices issued or received or the accounting register. Make sure you respect the retention periods for accounting documents. Documents created or received on computer assistance must be kept in electronic form for at least 3 years, during which time the tax administration may exercise a right of repossession. The Company is not required to carry out additional archiving on paper. After this period, they must be kept on any medium, at your discretion, for a period of 3 years. Purchase orders, delivery notes and invoices that are considered supporting documents for accounting are attached to the category of accounting documents and must also be kept.
Failure to comply with these legal retention periods may result in commercial, tax or even criminal penalties. `The electronic storage of paper-based customs clearance documents is a modality offered to economic operators without obligation and does not entail the granting of an authorisation by customs.` Documents created on paper, although digitized, must still be able to be presented in their original form. How many years should you keep your invoices, financial statements, personnel records, etc.? Find in our three tables the retention periods of your accounting, tax and social archives. At the tax level, the mandatory retention period is determined from the tax year. Documents relating to income tax and corporation tax must be kept for 3 years, as well as VAT, CFE and CVAE. The BIC, BNC and BA must be able to be submitted for 2 years, the period is only one year for local taxes. There is no specific penalty for non-retention of company documents. Real estate contracts are documents of great importance. It is therefore important to preserve them and ensure their state of conservation.
For example, the contract for the purchase or transfer of a building or land is valid for 30 years and can be requested at any time during this period. In general, at the center of business activity, the commercial document can have various aspects. This includes contracts with customers or suppliers. The professional is required to keep this document for a period of at least 5 years, whether it is signed with a merchant or not. The same applies to any correspondence between the company and customers/suppliers, unless a special provision shortens the retention period. In the digital age, of course, the electronic contract is also regulated. A merchant must therefore be able to access it for 10 years (for an amount of 120 euros or more) in case of request from the contractual partner. Personnel management documents must be carefully kept. Proof of social security contributions and social security contributions must be available for 3 years, pay slips (salaries, bonuses, allowances, etc.) and the uniform staff register (from the employee`s departure) for 5 years. The longest retention periods concern documents relating to accidents at work, 10 years, which correspond to the limitation period of the victim`s claim for liability. Finally, individual data such as an employment contract or a letter of termination must be kept without time limit in order to prepare for possible eventualities before the labour courts. The rules for the preservation of archives are fixed: 10 years from the delivery or service Home » News » The retention and archiving periods of your company`s documents (invoices, orders, delivery or receipt receipts, loan/loan/pre-contracts, insurance contracts, leasing, …) Receipts: order, delivery or receipt©, customer and supplier invoice, etc.