Facts
This judgment concerns a dispute between Trust Company A. and B. and others. The First Civil Court of the Federal Court rendered its decision on November 18, 1986. The case involved the duties of the auditors of the public limited company, in particular with regard to verifying the clarity and sincerity of the balance sheet.
The parties involved were Trust Company A. and B. and others. The procedure began before the First Civil Court of the Federal Court, which rendered its decision on November 18, 1986. The dispute concerned the interpretation of articles 728 and 729 of the Code of Obligations (CO) relating to the duties of the auditors of the public limited company.
Considerations
The Federal Court recalled that the auditors of the public limited company have the task of verifying the clarity and sincerity of the balance sheet, as well as reporting any deficiencies found or suspected regarding the truth and clarity of the balance sheet. According to article 728 paragraph 1 of the CO, the auditors must ensure that the assets listed on the balance sheet actually exist and that the company's liabilities are fully accounted for.
The Federal Court also emphasized that the auditors are required to report, in their reports, the obligation to inform the judge in accordance with article 725 paragraph 3 of the CO in the event of the company's insolvency. They must also draw attention to the fact that half of the share capital is no longer covered and the resulting obligations for the…