Thematic : Prevention of company difficulties
- Où en êtes-vous au niveau de vos difficultés ? Evaluez votre situation
- Quelles sont les solutions de prévention pour les difficultés financières de votre entreprise ?
- How to request a confidential meeting with the presiding judge of the Commercial Court.
- Where is the form to refer a matter to the Presiding Judge at the Commercial Court?
- What is an ad hoc mandate?
- What is the conciliation procedure?
- About the company protection law
- Download the "Entrepreneurs, don't be alone in difficulty" brochure from the CNGTC.
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.
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..)
How to request a confidential meeting with the presiding judge of the Commercial Court.
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: firstname.lastname@example.org
The Registry at the Commercial Court concerned will make contact to arrange an appointment with the Presiding Judge or representative thereof.
What is an ad hoc mandate?
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.
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.