mer., 16 avr. 2014 14:41:00 +0000

Ad hoc and conciliation mandate: what changes for auditors

Ordinance no. 2014-326 of 12 March 2014 reforming the prevention of difficulties of companies and bankruptcy proceedings has two points concerning auditors in the framework of bankruptcy proceedings. They notably concern ad hoc mandate and conciliation procedures. The first point - which concerns the first procedure - makes it compulsory to sent the auditor a decision appointing a representative. The second indicates the role of the auditor in the conciliation procedure: the Presiding Judge of the Court may obtain any information allowing it to consider the economic, financial, social and estate situation of the debtor and its payment perspectives.

Firstly, it should be reiterated that the ad hoc mandate procedure, as the conciliation procedure is confidential. By providing information as to the opening of such procedures to the auditor, the legislator wanted to provide additional support to the company director for success of the ad hoc mandate. Moreover, this provision allows for identical treatment of the ad hoc mandate and conciliation in light of information issued to the legal auditor (the decision initiating conciliation proceedings should be sent to the auditor).

Secondly, expansion of the right of communication of the presiding judge of the court allows him to focus on the estate situation of the debtor and payment perspectives. This is added to the communication powers attributed to the pre-existing alert procedure and indicates their object.

Consult ordinance no. 2014-326 of 12 March 2014 published on the JORF on 14 March 2014.