règlement judiciaire
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The tripartite EU agency providing knowledge to assist in the development of better social, employment and work-related policies. Eurofound aims to keep this information up to date and accurate. If errors are brought to our attention, we will try to correct them. However, Eurofound accepts no responsibility or liability whatsoever with regard to the information in this database. There are 4 possible paths that can be followed if a company is in financial difficulty: The choice depends on the financial situation the company is facing.
Procedure de liquidation judiciaire procedure collective traduction ad-hoc ad-hoc procedure: The procedure can be stopped at any moment if the company thinks the procedure reached its goal.
This is open to companies approaching a situation where they will have to stop payments. The safeguard procedure can be triggered by the CEO upon reaching the first serious set of difficulties. Unlike conciliation, it is a real judicial procedure that is publicised: It lasts 6 months at the maximum. Once there is a plan in place, the tribunal can stop the safeguard procedure and ask the company to enact the plan.
The plan might entail the closure or sale of certain activities. The duration of the plan cannot exceed a 10 years' timeline. If a company is in a situation where payments have stopped for less than 45 days, the tribunal can start a conciliation procedure upon request of the CEO. The company has to present a full report on its credits and debts, its securities liquidation judiciaire procedure collective traduction obligations, its annual reports for the past 3 years, a presentation of the financial situation highlighting difficulties and financial support needs.
The company must also present a document containing reflections and an initial assessment on the situation and a liquidation judiciaire procedure collective traduction forward to improve the situation.
It includes cases where the criteria for the previous steps are not applicable and the company has stopped its liquidation judiciaire procedure collective traduction for longer than 45 days. Then, the CEO is assisted by a legal representative whose mandate is to make sure that creditors' demands are satisfied. Eurofound, Wyattville Road, Loughlinstown, Co.
Eurofound is an agency of the European Union. Skip to main content. Rescue procedures in insolvency. Rescue procedures in insolvency Go to list page.
Sauvegarde des entreprisesCode Du Commerce. Companies' rescues law, Commercial Code. Description There are 4 possible paths that can be followed if a company is in financial difficulty: Cost covered by Employer. Involved actors other than national government Other Involvement others Courts, creditors. Thresholds No, applicable in all circumstances. Tell us what you think. Leave this field liquidation judiciaire procedure collective traduction.
