Management data and mandatory accounting records: the distinction under Articles 2214 and 2215-bis

01

The distinction in summary

Article 2214 of the Civil Code requires an entrepreneur carrying out a commercial activity to keep the journal book and the inventory book: these are mandatory by law, except for the exemption provided for small entrepreneurs. The same article adds, however, that the entrepreneur must also keep 'other accounting records' required by the nature and size of the business: these are management data, whose necessity depends on the concrete organization of the business, not on a fixed legal list.

02

Why the distinction matters

Article 2215-bis unifies the electronic treatment of both categories: books, registers, records and documentation whose keeping is mandatory by law or regulation, or required by the nature or size of the business, may be created and kept using electronic tools. The entries must remain accessible at all times and constitute primary and original information, from which reproductions and copies can be made for uses permitted by law.

03

How to organize the keeping of registers

Steps

1. Identify the registers mandatory by law: the journal book and the inventory book (Art. 2214).
2. Assess which additional records are required by the nature and size of the business (Art. 2214).
3. Apply the prescribed keeping methods: progressive numbering, stamping or authentication where required (Art. 2215).
4. If opting for electronic keeping, ensure entries remain continuously accessible (Art. 2215-bis).
5. Retain records, invoices, letters and telegrams for ten years from the last entry (Art. 2220).

04

Hypothetical example

A medium-sized commercial business keeps the journal book and the inventory book as required by Article 2214. Given the complexity of its operations, it also keeps a detailed register of supplier contracts: this additional record is dictated by the nature and size of the business, not by a specific legal requirement, but it can still be kept using electronic tools under Article 2215-bis, provided it remains accessible at all times.

05

Checks to perform

• Does the journal book record operations day by day (Art. 2216)?
• Is the inventory drawn up at the start of the business year and renewed annually, listing assets and liabilities (Art. 2217)?
• Are electronic records kept accessible at all times using the means available (Art. 2215-bis)?
• Is the ten-year retention of records, invoices, letters and telegrams being observed (Art. 2220)?
• For companies, are the specific corporate books (members' resolutions, directors, board of statutory auditors) kept by the responsible parties (Art. 2478)?

06

How to set up the document flow with management software

A business can ask its software partner to configure distinct roles for those who record mandatory entries (journal book, inventory) and those who manage additional records tied to daily operations, maintaining traceability of entries and the ability to consult them at any time, as provided for electronic documentation by Article 2215-bis. This is a suggested operational choice, not an obligation arising from a specific feature.

07

Practical steps for a periodic review

Steps

1. List separately the records mandatory by law and those required by your own organization.
2. Verify that electronic records remain accessible using the means available to the keeper.
3. Check consistency between entries and original documents (invoices, letters, telegrams).
4. Schedule retention for the ten-year period set out in Article 2220.
5. Involve your professional advisor to validate the classification of records before year-end closing.

08

Next step

Work with your advisor to build a map of your business's mandatory and management records, checking the keeping and retention methods required by the Civil Code.