A faster method of processing companies in difficulty has been put in place to facilitate the recovery of small businesses in cessation of payments, following the pandemic linked to Covid-19. Two decrees dated October 16, 2022 were published on October 17. This news accelerated procedure completes the receivership procedure and is now officially in force. Here's what it involves.
A support system has been put in place for low-staff companies in a situation ofindebtedness. The eligibility criteria are as follows:
To request the opening of this procedure, the applicant must provide a dossier comprising:
The principles of the classic receivership procedure also apply to the new procedure. However, the latter includes exclusive specifications. In particular, it aims to establish a debt payment plan within a short time (3 months).
Within 10 days following the court's decision to open the procedure, the company must submit to the court registry the list of its claims. The clerk sends the list to the appointed judicial representative by the commercial court. The agent sends by post (registered letter with acknowledgment of receipt) to each debtor to ask him to submit his observations within one month.
The subsequent claims on the opening date appear on another list drawn up by the agent. He must file it with the registry of the commercial court within one year of the end of the observation period. A publication in the BODACC (official bulletin of civil and commercial announcements) opens the one-month period to contest these claims.
The court settlement plan relates only to the non-food/salary claims an amount more than 500 €. It does not take into account the debts that have arisen after the opening of the procedure. The legal representative can inform the creditor if a debt is forgotten.
After which, the legal representative proposes the terms of payment of debts to creditors. The latter have 30 days to submit their observations (the deadline may be reduced to 15 days by the judge-commissioner). THE Silence within the time limit is considered as a acceptance. If no plan is decided upon within 3 months, the court opens proceedings for judicial reorganization or liquidation.
Answer: Companies in difficulty can benefit from solutions such as subsidized loans, recovery plans, financial aid and exemptions from charges to help them get through the crisis.
Answer: Companies must meet certain conditions to benefit from the solutions put in place by the government, in particular: being a company in difficulty before the start of the crisis, being a small or medium-sized company, being able to prove that they have been affected by the crisis, and be able to demonstrate that they have put in place measures to reduce costs and help restart activity.
Answer: Companies can benefit from various tools to manage the Covid-19 crisis, including subsidized loans, recovery plans, financial aid, exemptions from charges, training and advice programs, support measures for employees and digital tools to support companies in their digital transformation.
