How to handle collective proceedings within the company?

We anticipate the consequences of any current or foreseeable economic, legal or financial difficulties: industrial or commercial incident, cash flow tension, decline in profitability, etc.

Consequently, we determine and implement a restructuring policy (commercial, social, financial, etc.) in order to ensure the continuity of the company’s activities and restore its profitability and value

We protect and support the directors in properly managing the challenges and risks in terms of their responsibility and personal assets involvement.

THE SPARK METHOD

  • We carry out an audit in collaboration with the head of the company in order to determine its exact situation in terms of the cessation of payments status criterion (NB: we work with specialised accounting and financial collaborators)
  • We determine the appropriate procedure to be adopted and outline all its limitations and advantages; this step also makes it possible to determine the urgent actions to be taken in order to replenish the liquid assets which will be required for the success of the procedure
  • We prepare the documents necessary for the implementation of the chosen procedure, and draft an explanatory note describing the situation at the time of implementation
  • We prepare the director for communicating with his or her employees, suppliers and customers on the basis of a positive and reassuring message

We assist the company’s governance and its management during each key stage

  • We assist the director during hearings and appointments with the relevant procedural bodies (judicial administrator, judicial representative, liquidator, supervisory judge, etc.)
  • We participate in the development of backup or recovery solutions (continuation plan or business / asset transfer) and conduct the necessary negotiations (with shareholders, financial partners, creditors in the context of bilateral mergers or creditor committees, investors…)
  • We assist the company in the context of the examination of its liabilities (contesting claims) and more generally in the context of its disputes in connection with collective proceedings (claim actions, supplier disputes, debt recovery…)
  • We assist the director in carrying out an audit of his or her personal situation (tax responsibilities, guarantee commitments, etc.) and in negotiations with his or her creditors.

Your reference person
Pierre Léo JEANMOUGIN

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