Insolvency proceedings — Book V Commercial Code

    Insolvency lawyer in Marrakech

    Financial difficulties, imminent cessation of payments, debt declaration or contestation: the firm supports executives and creditors at every stage, from ad hoc mandate to liquidation closure before the Marrakech Commercial Court.

    Insolvency lawyer in Marrakech

    Anticipate rather than endure

    Book V of the Commercial Code (reformed by Law 73-17) organizes procedures applicable to companies in difficulty. The logic: preserve activity, employment and value when possible, organize liquidation when no longer possible.

    The earlier the lawyer intervenes, the broader the range of solutions. Ad hoc mandate and conciliation are confidential and preserve commercial relations. Reorganization intervenes in case of cessation of payments but with a continuity perspective. Liquidation is the last resort.

    The four procedures of insolvency law

    Ad hoc mandate

    Articles 549+ — Commercial Code

    À l'initiative de : The executive, confidentially

    Preventive and confidential procedure. A mandatary is designated by the court president to help the executive negotiate with creditors. The company continues normal activity, without publicity.

    • Before cessation of payments
    • No activity cessation
    • Total confidentiality

    Conciliation

    Articles 550-559

    À l'initiative de : The executive

    Preventive procedure allowing conclusion of an agreement with main creditors under a conciliator's aegis. The agreement may be approved by the court to suspend prosecutions.

    • Difficulties without cessation of payments
    • Maximum duration of 4 months (extendable 1 month)
    • Effect on debts included in the agreement

    Judicial reorganization

    Articles 560+

    À l'initiative de : The executive, a creditor or the court

    Opening of a judicial procedure to allow activity continuity, employment maintenance and liability clearance. Continuation or sale plan submitted to court approval.

    • Cessation of payments (inability to meet liabilities with available assets)
    • Renewable 4-month observation period
    • Suspension of individual prosecutions

    Judicial liquidation

    Articles 619+

    À l'initiative de : The court

    Implemented when reorganization is manifestly impossible. The company ceases activity, its assets are sold, and the proceeds distributed to creditors per the order of privileges.

    • Reorganization manifestly impossible
    • Asset realization under liquidator control
    • Liability clearance per debt order

    Economic difficulty or debt in insolvency proceedings?

    Whether you are a struggling executive or a creditor of a company under reorganization, urgency is to act within legal deadlines. Immediate consultation secures your rights.

    Questions fréquentes

    Within 30 days following cessation of payments, i.e., the company's inability to meet due liabilities with available assets (Article 561 of the Commercial Code). Otherwise, the executive faces personal sanctions: management prohibition, action for liability gap, even criminal prosecution for bankruptcy.