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Companies in difficulty
Reactivation of the crisis resolution treatment procedure
Publié le 21 décembre 2023 - Legal and Administrative Information Directorate (Prime Minister)
The post-crisis treatment procedure is reintroduced for two years as a result of the large number of collective proceedings initiated.
The Law of 20 November 2023 on Guidance and Programming of the Ministry of Justice 2023-2027 now allows a company to request the post-crisis treatment procedure until 21 november 2025 inclusive. This procedure is intended for companies of less than 20 employees.
It concerns:
- companies engaged in commercial, craft or agricultural activities;
- businesses;
- the self-employed and the liberal professions.
What is the usefulness of this procedure?
The post-crisis resolution procedure helps small companies in difficulty by rapidly restructuring their debts. The goal is to help them bounce back.
It also has the advantage of being a shorter procedure than the judicial redress procedure. Thus, the observation period of the post-crisis processing procedure lasts 3 months (compared to a maximum of 18 months for the judicial recovery procedure).
What are the conditions for obtaining this assistance?
In order to benefit from this post-crisis treatment procedure, your company must:
- count less than 20 employees on the date of the request to initiate the procedure;
- to have a balance sheet less than € 3 000 000 the total of the non-equity liabilities at the closing date of the last accounting year;
- be in a situation of cessation of payments ;
- dispose of funds necessary to pay its wage claims ;
- have accounts that appear as regular, sincere and fit give a true and fair view of the company's financial situation;
- justify being able to develop a draft continuation plan within 3 months.