مرکز منطقه ای اطلاع رساني علوم و فناوري - The new conciliation procedure: a new attractiveness for the external prevention of the difficulties of Moroccan companies

Abstract :

The reform implemented by the law of 2107 is not purely formal, the legislator havingendeavored to make the procedure of conciliation more effective and more attractive whiletaking into account the imperative priority of anticipation which dominates the law.The old amicable settlement constituted the emblematic procedure for preventing businessdifficulties. A phase of prevention in which the legislator had given up on procedures that arepurely judicial to turn towards amicable solutions which seemed to present undeniableadvantages for the treatment of the difficulties of the companies. More than a moratorium obtained by a debtor, it is a business that we want to save. It is in this spirit that the law has established a conciliation to facilitate the debtor s agreement with its principal creditors, under the auspices of the president of the court, in the presence of a conciliator. The legislator has endeavored to strengthen the legal provisions applicable to the conciliation procedure by facilitating and securing the agreement that can be reached at the end of the procedure between the debtor and his creditors. This procedure combines a clearly stated contractual aspect and a jurisdictional framework which should make it a problem-solving tool particularly appreciated by the company s partners. Nevertheless, it seems essential to increase the attractive effects of this procedure, both for the debtor who is the only one who can claim the benefit and for the creditors who will ensure its success by their active participation. On this point, the law has also innovated by improving the situation of the guarantees and by giving creditors a new privilege.