Restructuring
Recognizing and Managing Corporate Crises in France
As soon as a company shows signs of financial weakness, it is crucial to conduct a strategic analysis in order to identify appropriate restructuring measures. If necessary, this analysis can be used to initiate preventive restructuring measures, such as the appointment of a crisis manager, composition proceedings, or judicial restructuring proceedings, in a protected and confidential setting.
Once insolvency occurs, swift action is required to secure business operations, preserve jobs, and protect management assets. Judicial insolvency proceedings provide a structured legal framework for the continuation, reorganization, or liquidation of the company.
Our lawyers specializing in insolvency law collaborate closely with courts and procedural bodies to help French, German, and international companies protect their interests and maximize their chances of a successful restart.
Summary
- When should corporate restructuring and reorganization be considered?
- How does a measure to appoint a crisis manager or a settlement procedure work?
- What legal instruments are available to avoid judicial insolvency proceedings?
- When must judicial insolvency proceedings be initiated for a company in financial difficulties?
When should corporate restructuring and reorganization be considered?
A strategic analysis is necessary when there are the first signs of liquidity shortages or an imbalance in the financial structure. Restructuring allows you to reorganize your company, settle debts, and avoid insolvency.
Our lawyers specializing in insolvency law will assist you with legal and financial analyses and developing a concrete action plan.
How does a measure to appoint a crisis manager or a settlement procedure work?
These confidential preventive restructuring measures have no impact on ongoing contracts. They facilitate structured dialogue between companies and creditors.
Our corporate restructuring and reorganization experts will negotiate on your behalf, draft agreements, and protect your strategic interests.
What legal instruments are available to avoid judicial insolvency proceedings?
In addition to amicable proceedings, changes in company management, asset sales, contract renegotiations, and new financial partners can be used to counteract judicial insolvency proceedings in a timely manner.
Our lawyers specializing in insolvency law will work with you to develop a comprehensive restructuring plan that considers legal, social, and financial aspects.
When must judicial insolvency proceedings be initiated for a company in financial difficulties?
A company is considered insolvent if it cannot settle its liabilities with available funds. In France, the law requires that insolvency (cessation de paiements) be reported to the relevant court within 45 days. Failure to comply may result in civil and criminal consequences for management.
In Germany, an application to open insolvency proceedings must be filed within three weeks of the onset of inability to pay or six weeks of the onset of over-indebtedness.
Our lawyers will help you assess the financial situation, identify possible solutions, and prepare the necessary documents. Our goal is to secure your company and select the most suitable judicial insolvency proceedings in France, such as judicial reorganization, judicial insolvency with continuation of business activities, or judicial insolvency with liquidation.
You have any other questions?
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