Wednesday, April 14

“Illegible” devices to avoid business bankruptcies

“Too many devices, too many actors, not enough coordination” : the different forms of support for entrepreneurs form a maquis “Illegible”, moreover too often inaccessible to the uninitiated. The report of the mission on economic justice, chaired by Georges Richelme, is severe on the reality of the prevention of the difficulties of the companies, while France is going through an unprecedented crisis and that bankruptcies should accelerate when public aid s’ will stop.

Many devices exist (about twenty in total), notes the final report of the mission, made public Friday, February 19, by the Ministry of Justice. Whether they emanate from the State, local authorities, chambers of commerce or agriculture, professional orders or even associations, they have the same defect: “silo operation”.

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Worse, as Mr. Richelme points out, “It’s a bit like the experts talk to the experts”. Under these conditions, it is hardly surprising that preventive procedures fell by more than 40% in 2020, while the crisis linked to Covid-19 should, on the contrary, have pushed business leaders, traders, craftspeople or the self-employed to turn to aid and prevention systems.

Empower Urssaf-type creditors

Another indicator, the number of prevention interviews “Spontaneous” conducted by commercial courts is around five hundred cases for 2020, “Which does not at all reflect the gravity of the situation”, notes the report. The low level of recourse to these procedures, which makes it possible to avoid going into bankruptcy, is all the more regrettable as it is mainly the “small” entrepreneurs who do not have access to them, due to a lack of information. training or advice, says Mr. Richelme.

Among the avenues for improvement proposed, therefore, prominently is training ” mandatory “ entrepreneurs when registering companies. The mission also suggests encouraging business leaders to have recourse to a chartered accountant (for a tax benefit), to empower Urssaf-type creditors, who could alert bosses when unpaid debts accumulate, or to encourage entrepreneurs to use the many tools to self-diagnose their situation.

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Another avenue: to support the financing of these procedures for the most vulnerable companies. Indeed, the cost of opening an ad hoc mandate or conciliation represents ” often “ an obstacle for companies, which only raise the bar too late.

A first step would be to create a platform “With consistent, global, coordinated and accessible information”, intended for business leaders, listing the different systems according to their status, their field of activity or their situation, accompanied by an information campaign for the general public. Because, by M. Richelme’s own admission, all this “Will never work if it is not treated as a great national cause”.

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