The judicial administrator can provide advice in the domains for which he is qualified for:
– prevention and management of company’s difficulties (legal, financial and labour).
His experience allows him to review the various options available to the companies and, thus, favour informed decisions.
He may orient the company to amicable treatment of difficulties (Ad hoc mandate or Conciliation – refer to Prevention section)
This mission excludes any previous appointment by the Court of the Administrator, within 24 months prior to his legal advice.
Any chief executive officers may solicit a consultation with a judicial administrator when facing legal, financial or labour difficulty. Consultations are also available to candidates to the acquisition of distressed companies – provided that the administrator has not been appointed by the Court in this particular case.
CONDUCT OF PROCEEDINGS
Consultation for a company chief executive officer :The consultation usually takes place in the form of 1 to 4 meetings. It involves two phases:
Identification of critical factors . Closer examination of difficulties, problems anticipated in the short term and identification of priority measures
Assistance in decision-making
Advice for short-term management.
Presentation of measures available to help business
Consultation for a future acquirer before a takeover bid.
The consultation permits the potential buyer to understand the proceedings and tools specific to the acquisition of a distressed company before the Courts.
In case of a purchase bid before the courts, the administrator can review the project to assess its quality, pertinence and legal feasibility.
A pragmatic business approach
The judicial administrator is neither a lawyer nor a financial advisor. He intervenes to provide a global and realistic vision of events and consequences. In permanent contact with businesses of all sizes, he is practical and adapts easily to the different scenarios, whether it be the revenue, expenditure logic of TPE’s (very small company), the management of patrimonial accounts for a very large PME (small to medium-sized company) or a multinational conglomerate
The administrator’s vast experience in dealing with crisis situations allows him to analyse and react quickly.
A guide to unconsidered proceedings
The analysis led by the administrator allows a prompt launching of Prevention measures to increase the chances for a durable recovery.
ROLE OF CHIEF EXECUTIVE OFFICER
The relationship between the company and the administrator is contractual. The chief executive officer only communicates the information he chooses to divulge. The consultation remains confidential.