Diagnosis of the financial situation
Analysis of the company's situation at the time of the support in order to determine whether it was irretrievably compromised.
Improper Financial Support
Expertise in cases of wrongful financial support by a creditor. Analysis of liability and financial consequences.
When is this expert opinion required?
Expert opinions on wrongful financial support involve assessing the liability of a creditor that artificially kept a struggling company afloat. They are required when a creditor, in particular a bank, is accused of having continued its support even though the company's situation was irretrievably compromised.
METHODOLOGY
The engagement involves analysing the true financial situation, the creditor's conduct, and the causes of the failure in order to assess liability.
Analysis of the creditor's conduct
Assessment of the creditor's knowledge of the company's actual situation and its role in the continuation of the business.
Analysis of liability and damages
Assessment of liability and quantification of the damages, in particular the increase in liabilities linked to the artificial continuation of the business.
Report and support
Memorandum for claimants or defendants, response to opposing arguments, and support in proceedings.
Primarily credit institutions, but also any creditor who contributed to artificially keeping a struggling company afloat.
The French Business Safeguard Act of July 26, 2005 limits liability to three cases: fraud, interference in management, and disproportionate guarantees.
Yes, for both creditors and struggling companies.
The company’s financial situation, the causes of the failure, and the creditor’s conduct at the time of the support.
WHAT WE OFFER
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Expertise in distressed companies
In-depth knowledge of failure situations and the legal framework applicable to wrongful financial support.
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Rigorous liability analysis
A documented diagnosis of the financial situation and the creditor's conduct.
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Enforceable reports
Deliverables tailored to legal proceedings.
