The court (commercial or judicial) has a preventive mission company difficulties. It assists, assists and guides heads of company to prevent the occurrence of cessation of payments.

The president of the tribunal has the option of summoning the head of company for a “consciousness-raising” interview if he has reason to believe that the company is in trouble. These are economic, financial or legal difficulties that can jeopardize the continuity of operations.

Signs of the company's difficulties include:

• Equity negatives
• Registrations of privileges from the Urssaf and the Public Treasury to the court registry: the privilege of the Urssaf and the privilege of the Public Treasury are preferential rights that allow the Urssaf and the Public Treasury to record their unpaid debts with the court registry when they exceed a certain amount: €20,000 for the Urssaf and €200,000 for the public purse.
• Defect of submission of annual accounts
• Loss of half of the capital and failure to regularize following that
• Injunctions to pay repeated
• Large number of security rights (such as privileges and pledges) recorded in the security rights register

The President of the Commercial Court (or the Judicial Court) summons the Head of company by registered post with AR and by ordinary post. This notice shall include a note explaining the reasons for his request for an interview.

The summons shall be sent to the less than 1 month in advance.

The head of company shows up for the interview or refuses to go there.

The head of company must present in person maintenance. He has the opportunity to be assisted by a lawyer or a public accountant.

During the interview, the president of the court inquires about the situation of the company and asks the head what measures are envisaged to rectify the situation of the company. It also informs the manager of the existence of different preventive procedures such as the ad hoc mandate and the procedure for reconciliation.

This interview is confidential. Minutes are drawn up, but only the date, place and identity of the persons present.

At the end of the interview, different situations may arise:

• The measures envisaged by the Head of company appear sufficient, or the continuity of the operation is not compromised. There is no follow-up to the interview and the file is closed.
• It appears necessary to obtain from the Head of company additional information or guidance on the corrective measures which he envisages. An appointment is made for a new interview.
• The Head of company is aware of the seriousness of the situation and indicates his intention to request the appointment of a ad hoc trustee or a conciliator.

If the director fails to appear, a report of failure to act shall be drawn up the same day by the registrar of the court.

However, the President of the Court may inform the Public Prosecutor's Office if he is aware of any evidence justifying the conditions for the opening of judicial redress or winding-up proceedings. The public prosecutor's office may then request the opening of a judicial reorganization or liquidation procedure.

The President of the Tribunal shall have 3 months from the date of dispatch the convening of a meeting to inquire into the economic and financial situation of the business.

He may address his request for information to the following persons or organizations:

• Auditors (CAC)
• Staff members and representatives
• General government (tax administration)
• Social security and welfare institutions
• Services for centralizing bank risks and payment incidents