Why consult a lawyer when your business runs into difficulties?
When financial, legal or economic tensions arise, it is essential to act quickly. Our law firm in Toulon, specializing in business law, assists managers of companies in difficulty at every stage, from the very first signs of fragility.
Calling on the services of an experienced lawyer allows you to :
- Accurately assess the company’s financial and legal situation
- Prevent the risk of managerial liability (particularly in the event of insufficient assets or late declaration of cessation of payments)
- Be directed to the most appropriate procedure: ad hoc mandate, conciliation, safeguard, receivership or compulsory liquidation
Our support aims to protect the manager, secure decisions and preserve what can be preserved of the business.
What are the solutions for a company in difficulty?
Amicable procedures: ad hoc mandate, conciliation
Prior to any legal proceedings, it is often possible to enter into confidential negotiations with creditors, under the supervision of the President of the Commercial Court. Ad hoc mandates and conciliation are solutions for preventing business difficulties that our firm regularly implements in Toulon.
Backup procedure
It enables a company in difficulty, but not insolvent, to continue its business under judicial protection. This collective procedure gives access to a plan for the settlement of liabilities, and can lead to a lasting recovery.
Good to know: The safeguard procedure is a preventive measure to avoid suspension of payments.
Court receivership
This procedure is designed to ensure the continuity of the company’s business, even if it has been declared insolvent. Our insolvency law firm in Toulon will assist you at every stage: declaration, drafting of the file, preparation of the plan.
Court-ordered liquidation
If recovery is out of the question, liquidation by court order is required to legally close the business, while securing the situation of the manager.
Restructuring or sale of business
In some cases, the solution involves a partial or total sale of the company, or a legal restructuring. Our firm can also support you in these alternative strategies.
Risks to be anticipated by the manager
As a company director, you may be held personally liable, particularly in the event of mismanagement, late declaration of suspension of payments or insufficient assets.
| Type of risk | Consequences |
|---|---|
| Mismanagement | Management ban |
| Late declaration | Order to bear all or part of liabilities |
| Insufficient assets | Tax and social penalties |
Our mission is also to protect you personally in the face of these challenges.
How can our Toulon law firm help you?
Our team offers you tailor-made legal support, whether you’re a craftsman, shopkeeper, small business owner, company director or self-employed professional.
Our services cover :
- Financial and legal analysis of your situation (full audit)
- Confidential negotiations with your creditors, including in the context of an ad hoc mandate or conciliation procedure
- Managing collective procedures before the Toulon Commercial Court: safeguard, recovery or liquidation
- Preparing the necessary legal and financial documents
- Defending the executive against potential sanctions
We intervene in the Var and PACA regions, for companies in suspension of payments, or in prevention.
Frequently asked questions about support for companies in difficulty
When should you declare a suspension of payments?
As soon as your company can no longer meet its debts with its available assets. You have 45 days to make this declaration, unless an ad hoc mandate or conciliation procedure has been initiated.
What’s the difference between receivership and liquidation?
The aim of receivership is to ensure business continuity. Liquidation organizes its closure when no recovery plan can be envisaged.
What is an ad hoc mandate?
This is an amicable, confidential and preventive procedure, which enables the company director to negotiate with his creditors with the help of a court-appointed trustee.
Can a company in difficulty be saved?
Yes, as long as you intervene early. There are legal solutions for restructuring, rescheduling debts or selling off part of the business.
What is the manager’s role during insolvency proceedings?
The manager often continues to manage the company under court supervision. He or she must actively cooperate with the bodies involved in the proceedings (court-appointed administrator, trustee, court).
Contact a lawyer to help your company in difficulty in Toulon
Is your company going through a difficult period?
Don’t be left alone to face the legal, financial and human challenges.
Contact our law firm in Toulon for a confidential initial diagnosis.
We support you at every stage of out-of-court or insolvency proceedings to preserve your business and protect your interests.
Get a confidential diagnosis
Safeguard your business and protect your interests
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