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.

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Image 1Crédits: Rido - stock.adobe.com

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.