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24/06/2013 PROFILE > Tout public

Study into the prevention of company difficulties

Requests and the initiation of appointments for ad hoc representatives and requests for initiation of conciliation proceedings have increased since 2009, as observed by a study published by the Ministry for Justice. They remained at a high level in 2010 and 2011, as signs of economic difficulties met by companies in the context of the financial crisis.
These requests for preventive proceedings, which concern companies meeting difficulties without being unable to respect payments, are higher than requests for initiating safeguarding proceedings, which were also implemented by the safeguarding law of 26 July 2005.
The study further indicates that these requests are accepted in over 80% of cases by commercial jurisdictions. Moreover, observations and approvals of agreements, in the framework of conciliation, are undertaken within a deadline which strictly respects legislation in force, namely within less than 4 months.
To download the study entitled"Prevention of company difficulties by the ad hoc representative before commercial jurisdictions from 2006 to 2011" by Maud Guillonneau, Jean-Philippe Haehl, Brigitte Munoz-Perez, click here.