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Corporate governance and earnings management ... - CEREG

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confers a certain value” (CNC, 1982, p. 120). Thus a degree of incentive for amortization for<br />

accounting (rather than tax) purposes appeared. A survey of the treatment of goodwill in<br />

financial statements of the largest French groups between 1988 <strong>and</strong> 1998 shows that almost<br />

one half of these groups applied a systematic amortization of goodwill. This confirms a clear<br />

evolution towards the dynamic approach (Richard, Becom Simons & Secafi Alpha, 2000, p.<br />

168).<br />

The move towards the dynamic approach was confirmed by the regulations governing<br />

consolidated accounts. Decree 67-236 on companies, amended following the law of 1985 on<br />

consolidated financial statements, ruled that unallocated goodwill arising on first<br />

consolidation “must be included in income over a period of amortization”, while regulation<br />

99-02, paragraph 21130 of 1999, stated that “the amortization period must… reflect the<br />

assumptions used <strong>and</strong> objectives evidenced at the time of acquisition”.<br />

It is true that even regulation used the flexibility allowed by the seventh directive <strong>and</strong><br />

introduced for French groups the possibility to write off goodwill against reserves. But,<br />

contrary to its German counterpart, French regulation stated that this write off could only<br />

happen “in exceptional circumstances duly justified in the note” (Decree of 23 March 1967<br />

modified in 1986, § 248-3). Obviously, the French legislator wanted to restrain the use of the<br />

weakened static approach in favor of the dynamic view.<br />

Survey of practices of French groups provides evidence of the (forced) alignment of these<br />

groups on dynamic theses. Richard et al. (2000, p. 163-164) show that from 1987 to 1998, the<br />

systematic amortization of goodwill (over a longer <strong>and</strong> longer period, reaching more that 10<br />

years in 92% of cases in 1998) became the rule for the 100 largest groups, whereas the write<br />

off against reserves concerned at the end of the period only 2 or 3 groups.<br />

The last issue deserving our interest is pooling. At the beginning of the period, the method<br />

is unknown in regulation as it is unknown in practice (Raffegeau, Dufils & Corre, 1986, p.<br />

444) although its use became possible, under certain conditions, with the article 20 of the<br />

51

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