TO MANAGE THE DIFFICULTIES OF MY BUSINESS

PROCEDURE TO PREVENT DIFFICULTIES IN MY COMPANY:

Diagnosis and strategy development

Ad hoc mandate
Conciliation

PROCEDURE FOR DEALING WITH MY COMPANY'S DIFFICULTIES:

Filing of the declaration of suspension of payments
Judicial safeguard
Judicial reorganization
Elaboration of the safeguard plan / recovery plan / continuation plan;
Judicial liquidation
Transfer plan

We benefit from an in-depth knowledge of the problems linked to companies in difficulty, which enables us to advise you usefully on the path to take for your company.
Safeguarding
Reorganization
Liquidation
Plan

JUDICIAL SAFEGUARD

The safeguard procedure is a preventive procedure open to companies experiencing financial difficulties. It is intended for companies in difficulty before they are in a state of suspension of payments.
The objective is to facilitate the reorganization of your company in order to allow it to:
  • Maintain its economic activity
  • To maintain jobs
  • To ensure the settlement of debts
  • The safeguard procedure starts with an observation period of 6 months maximum, renewable, without exceeding 18 months.
  • During this period, the management of the company continues to be ensured by the director. He may be assisted by a judicial administrator.

WHAT BENEFITS FOR THE COMPANY?

The opening of the safeguard procedure entails, among other things
  • The suspension of the payability of any debt prior to the opening judgment
  • The interruption of legal and conventional interests
  • The suspension of late payment interest and surcharges
  • The suspension of legal actions by creditors against the company in difficulty

RESULTS OF THE SAFEGUARD PROCEDURE

Disappearance of the difficulties

OR

Safeguard plan to spread out the payment of debts

OR

Disappearance of the difficulties

WHAT BENEFITS FOR THE COMPANY?

Filing of the cessation of payments file at the court clerk's office

Collective procedure implemented by any company in cessation of payments whose recovery is deemed possible

Allows the continuation of the company's activity, the discharge of its liabilities and the maintenance of employment

redressement-judiciaire-4

Can lead to the adoption of a recovery plan at the end of an observation period, during which an economic and social assessment of the company is carried out, or a transfer plan

JUDICIAL LIQUIDATION

  • Judicial liquidation implies that your company is in a state of cessation of payments and that its recovery is clearly impossible.
  • It puts an end to its activity, and the assets are sold to allow the payment of the various creditors.
  • We assist the company throughout the procedure. We also assist the managers after the judicial liquidation in case of a sanction procedure against them (management ban, personal bankruptcy...)

CESSATION OF PAYMENTS

  • The cessation of payments is a central concept in the law of companies in difficulty. It is the triggering moment from which the law considers that the company must be judicially supervised, i.e. from which a procedure must necessarily be opened.
  • The cessation of payments entails obligations for the debtor and sets deadlines for compliance.
  • The company director is obliged to apply for collective proceedings and to make his declaration of cessation of payments within a maximum of 45 days.

Cessation of payments = impossibility to face the due liabilities with its available assets (article L. 631-1 of the commercial code)

schema-cessation-de-paiement

CESSATION OF PAYMENTS

The firm is dedicated to companies and industrialists who wish to be advised, supported, assisted and defended with conviction. The firm is committed to working with you to find new and customized solutions. You can entrust us with your most sensitive cases and together we will build a strategic, proactive and constructive approach.

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20 Avenue Maréchal Foch
69006 Lyon
Phone: 04 28 38 23 94
Fax: 04 28 38 23 95
dghighi@agendum-avocats.com
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