Mandat ad hoc and conciliation are two amicable and confidential procedures designed to help businesses facing financial difficulties, before they become irreversible. The goal is to negotiate with your creditors (banks, suppliers, landlords, public bodies, etc.) and regain visibility, without exposing your situation.
Yaël Sion LAWYERS & ASSOCIATES law firm supports you at every stage: situation assessment, choice of procedure, preparation of the petition, negotiations and securing the agreements. Assistance in Marseille and remotely throughout France.
Why initiate a mandat ad hoc or conciliation?
When cash flow tightens, deadlines accumulate or your banking relationship deteriorates, it is often possible to act before moving into formal insolvency proceedings (safeguard, judicial reorganisation, liquidation).
- Buy time and breathing space
- Negotiate a rescheduling of debts or extensions
- Avoid a domino effect (terminations, enforcement actions, loss of confidence)
- Preserve confidentiality vis-à-vis uninvolved third parties
Mandat ad hoc or conciliation:
how to choose?
These two tools are amicable procedures, but their relevance depends in particular on the level of difficulty and your status with respect to cessation of payments.
A key point: cessation of payments
The central question is: do your immediately available funds allow you to meet your due and payable liabilities? This assessment determines the appropriate procedure and the degree of urgency.
Mandat ad hoc
Mandat ad hoc is suitable when the business is not in cessation of payments, or when the situation remains manageable. The process is fully confidential, flexible, and you remain fully in control of the business.
Conciliation
Conciliation is intended for businesses facing proven difficulties, including when they have been in cessation of payments for less than 45 days. It aims to reach an agreement with creditors, which may be recorded or approved by the court depending on the chosen strategy.
What these procedures make possible (in practical terms)
In practice, mandat ad hoc and conciliation help structure negotiations, secure commitments and prevent the situation from worsening. Depending on the case, objectives may include:
- a rescheduling of bank and supplier debts,
- payment extensions, moratoria, suspension of instalments,
- a formalised settlement agreement,
- a healthier organisation of cash flow and priorities,
- preparing a continuity solution (restructuring, sale, etc.).
Confidentiality is a major advantage: only the creditors and partners involved in the discussions are informed.
How the procedure works
The ad hoc mandate or conciliation procedure is based on a progressive and structured approach, designed to quickly identify the available levers of action, organize discussions with creditors, and secure an agreement tailored to the company’s situation.
Assessment of your situation
We carry out a legal and financial framework review: level of indebtedness, nature of liabilities, urgencies, risks for the director, room for manoeuvre and objectives (continuity, restructuring, sale, etc.).
Strategy choice and preparation of the petition
We identify the most relevant procedure (mandat ad hoc or conciliation), then prepare the petition to be filed with the competent court, ensuring compliance with formal requirements and the necessary supporting documents.
Negotiation with creditors
Once the ad hoc representative or conciliator has been appointed, we assist you during discussions and meetings to build a realistic and protective agreement (deadlines, guarantees, conditions, timetable, reciprocal commitments).
Formalising and securing the agreement
We secure the commitments made and draft the agreements (settlement, protocol), with particular attention to the protection of the director and the overall consistency of the plan.
Support from Yaël Sion LAWYERS & ASSOCIATES law firm
Our approach: intervene early, frame issues quickly, negotiate methodically, and legally secure every step.
- Audit and diagnosis (risks, urgencies, options)
- Selection of the most suitable procedure
- Drafting the petition and compiling the file
- Assistance during discussions with the representative/conciliator and creditors
- Negotiation and drafting of settlement agreements
- Follow-up on the implementation of the agreement and securing next steps
Get in touch
Want to act quickly? Let’s schedule a scoping discussion to assess your situation and determine the best strategy.
FAQ – Mandat ad hoc & conciliation
Are these procedures confidential?
Yes. Mandat ad hoc and conciliation are confidential procedures. Third parties not involved in the negotiation are not meant to be informed.
Do you need to be in cessation of payments to request a mandat ad hoc?
In practice, mandat ad hoc is preferred when the business is not in cessation of payments and a solution can be negotiated quickly.
When can you request conciliation?
Conciliation is possible if the business is not in cessation of payments, or if it has been for less than 45 days. This is why acting without delay matters.
What happens if the situation worsens?
If prevention is not sufficient, it may be necessary to consider formal insolvency proceedings (safeguard, judicial reorganisation, etc.). The point is precisely to act early enough to avoid being forced into them.
Do you only assist in Marseille?
The firm is based in Marseille and also works remotely throughout France, depending on your situation and constraints.
