Don’t touch our toolbox!

Following on from the proposals put forward by the conseillers d’État, and because the subject of simplification is always topical, on May 27 the Minister of Justice and the Minister for Trade jointly set up a working group to consider possible ways of simplifying the law governing companies in difficulty.

For example, it is proposed to merge the mandat ad hoc and conciliation, the two tools for preventing business difficulties whose success is unanimously recognized! Should one of them be abolished? If so, which one, and why? It should be noted that the mandat ad hoc is a praetorian creation whose essential characteristic, in addition to its flexibility and success, is that it is virtually unregulated by law. Admittedly, conciliation is more recent, more closely supervised, more controlled and limited in time, but it complements the simple mandate with which it shares the same success and often the same cases.