Thematic : Prevention of company difficulties

Où en êtes-vous au niveau de vos difficultés ? Evaluez votre situation

Le G.I.E. Infogreffe met à votre disposition un tableau d'auto-diagnostic pour vous permettre d'évaluer la nature et l'importance des difficultés que rencontre votre entreprise.

 

> Télécharger le tableau d'auto-diagnostic.

 

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Quelles sont les solutions de prévention pour les difficultés financières de votre entreprise ?

Toute l'information sur les solutions de prévention des difficultés et de prise en charge d'honoraires d'experts en cas de crise (frais de procédure au greffe du Tribunal de commerce, avocat, expert-comptable, mandataire judiciaire..)

 

> Télécharger la fiche d'information sur l'assurance santé économique des entreprises.

 

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How to request a confidential meeting with the presiding judge of the Commercial Court.

All company directors can arrange an appointment with the Presiding Judge at the Commercial Court holding jurisdiction so as to outline difficulties (economic, financial, legal) which they encounter.


Arranging an appointment, which should be undertaken with the Registry at the Commercial Court, is necessary so as to initiate measures to prevent difficulties. The Presiding Judge at the Commercial Court may also take the initiative to arrange an appointment.


Immediately following appearance of these difficulties or where other solutions such as Credit Mediation (for banking difficulties) could not succeed, the directors may make an ad hoc request or conciliation request directly with the Presiding Judge at the Commercial Court.

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Where is the form to refer a matter to the Presiding Judge at the Commercial Court?

The form can be downloaded directly from the infogreffe.fr website:
Receive a printed copy of the appointment request
 
To send your request, simply send this copy, duly completed, to the following address: prevention@tribunauxdecommerce.fr
 
The Registry at the Commercial Court concerned will make contact to arrange an appointment with the Presiding Judge or representative thereof.

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What is an ad hoc mandate?

An ad hoc mandate is one of the two preventive procedures(along with conciliation) which are available for companies experiencing difficulties which may compromise continued business. These are amicable procedures for resolving company difficulties.
 
An ad hoc mandate allows the company director to negotiate debts under the aegis of an ad hoc representative appointed by the Presiding Judge at the Commercial Court. This procedure is confidential.
 
Ad hoc representatives are often legal administrators who have recognised experience in company administration and negotiations with creditors (banks, fiscal and social bodies, suppliers).

The company director may propose a particular representative. He may also refuse the appointed party. At the time of appointing the representative, the cost of his intervention shall be determined in agreement with the company director.
 
The term of the procedure of the ad hoc mandate is not governed by law within a fixed deadline. More often than not, the Presiding Judge shall assign a renewable term for the duties of the ad hoc representative.
 
As with conciliation, the objective of the ad hoc mandate procedure is as follows: to seek an agreement between the company and its main creditors to allow it to overcome difficulties, whilst taking due account of the interests of creditors. The solution resides in negotiation in the framework of repayment of debts in instalments.
 
In particular, the ad hoc mandate allows for the representative to assist in seeking the best solutions for the company to be turned around.
 
A debtor, when a physical person or legal representative of the legal entity, sends or issues the request for appointment of an ad hoc representative to the presiding judge at the commercial court. This should be dated, signed and supported by necessary documents, and sent to the registry at the commercial court. After analysis of the file, the presiding judge at the court or the deputy judge should convene, through the clerk, the director to a meeting so as to collect all observations.
 
Receive a printed copy of the request for appointment of an ad hoc representative
 
Legal texts: articles L. 611-3 and R. 611-18 through R. 611-20 of the Commercial Code.

 

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What is the conciliation procedure?

Conciliation is one of the two preventive procedures(along with the ad hoc mandate) which are available for companies experiencing difficulties which may compromise continued business. These are amicable procedures for resolving company difficulties.
 
Conciliation allows the company director to negotiate debts under the aegis of an arbiter appointed by the Presiding Judge at the Commercial Court. This procedure is confidential.
 
Arbiters are often legal administrators who have recognised experience in company administration and negotiations with creditors (banks, fiscal and social bodies, suppliers).
 
The company director may propose a particular arbiter. He may also refuse the appointed party. At the time of appointing the representative,the cost of his intervention shall be determined in agreement with the company director.
 
The term of the conciliation proceedings is a maximum of 4 months, renewable for one month at the exclusive request of the arbiter.
 
As with the ad hoc mandate, the objective of the conciliation procedure is as follows: to seek an agreement between the company and its main creditors to allow it to overcome difficulties, whilst taking due account of the interests of creditors. The solution resides in negotiation in the framework of repayment of debts in instalments.
 
In particular, conciliation enables implementation of asettlement(moratorium, loan renegotiation, etc.) where the company is not unable to respect payments or has not been for over 45 days.
 
The director should send or issue his request aimed at initiating conciliation proceedings to the presiding judge at the commercial court. This should be dated, signed and supported by necessary documents, and sent to the registry at the commercial court. After analysis of the file, the presiding judge at the court or the deputy judge should convene, through the clerk, the director to a meeting so as to collect all observations.
 
Receive a printed copy of the conciliation request
 
- The settlement may be confidential: it will then be observed by way of an ordinance handed down by the presiding judge who shall ensure it is enforceable.
 
- The settlement may be subject to publication: at the behest of the company director, it is approved by a ruling handed down by the court under the condition that it does not prejudice the rights of non signatory creditors.
 
Legal texts: articles L. 611-4 through L. 611-15 and R. 611-22 through R. 611-46 of the Commercial Code.

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About the company protection law

The company protection law of 26 July 2005 implemented a safeguarding procedure for companies in difficulty but which are still able to respect payments. This procedure allowed such companies to determine a plan, under the control of the Courts, to settle their liabilities in order to continue trading and protect jobs.
 
The same law also outlined procedures for judicial administration and liquidation which concern companies unable to respect payments.

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Download the "Entrepreneurs, don't be alone in difficulty" brochure from the CNGTC.

Download the "Entrepreneurs, don't be alone in difficulty" brochure by from the National Council of Registries at the Commercial Courts

 Download the brochure

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