Collective insolvency proceedings
Our firm has a highly-skilled team dedicated to the service of businesses facing difficulties, their managers and shareholders, in order to provide assistance within the scope of the various procedures for the prevention of difficulties and collective ins
Our firm also assists the creditors of businesses in difficulty (co-contracting parties, suppliers, customers) faced with the default of their commercial partners, as well as prospective buyers in their acquisition projects as part of a disposal plan or the disposal of assets.
The team works in close cooperation with the other departments of the firm; Corporate Law, Mergers and Acquisitions (M&A) and Labour Legislation.
Prevention of difficulties
We assist our clients right from the first signs of their company’s financial difficulties, in order to help them find the solution the most appropriate to their economic and legal situation, such as:
- Referral to the Financial Sector Consultative Committee (CCSF), the departmental committee on examining problems of business financing (CODEFI) and the Interministerial Committee on Industrial Restructuring (CIRI);
- Opening and monitoring of Ad Hoc Mandate or Conciliation proceedings;
- Negotiating a debt repayment schedule with the creditors.
Collective insolvency proceedings/Restructuring
Our team intervenes in an advisory capacity, or provides assistance and defence in terms of collective insolvency proceedings and in particular:
- Appointment of a controller, statement of debts, title claim lawsuit, and, more generally, all forms of action aimed at protecting or conserving the rights of the creditors;
- Opening and monitoring of safeguard proceedings, receivership or court-supervised liquidation depending on the economic and legal situation of the debtor;
- Assistance with hearings in Court Chambers;
- Take-over of businesses in difficulty: negotiation, presentation and drafting of takeover bids;
- Assistance with the preparation and drafting of a safeguard and receivership plan;
- Assistance within the scope of turnaround operations;
- Assistance for managers of firms whose liability is engaged and they face financial sanctions.
Within the scope of collective insolvency proceedings, we work in tandem with the bodies of the proceedings – administrators, legal representatives, etc. - to implement the solutions that are best adapted to the difficulties of the company and, as far as possible, favour business continuation.
We also accompany our clients in their negotiations with their creditors, banks and other commercial partners.