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"Prevention" meeting with the court president — free, anonymous, within 24 hours

The president of the commercial court, of the economic activities court or of the civil court has a PREVENTION MISSION for businesses in difficulty. That mission works both ways, and that is what matters. On one side, they may SUMMON the head of a business to an "awareness" interview where they detect difficulties — this is the court president's alert, which remains optional on their part. On the other, the head of a business may REQUEST an interview on their own initiative to take stock of their situation: that interview is FREE, ANONYMOUS AND CONFIDENTIAL, and is obtained by writing to prevention@tribunal-de-commerce.fr or by an application through the Tribunal digital. Every commercial court or economic activities court has a judge with responsibility for prevention and a detection and prevention unit, with which an appointment can be obtained IN UNDER 24 HOURS.

Up to date for 2026 — verified on September 12, 2026Official procedure, no printed formGuide: about 25 min

Deadlines

Under 24 hours — the appointment with the prevention unit
Every commercial court or economic activities court has a judge with responsibility for prevention and a detection and prevention unit with which an appointment can be obtained in under 24 hours.
At least 1 month — the notice period of a summons
Where the president summons, they do so by registered letter with acknowledgement of receipt AND by ordinary letter, with a note giving the reasons for the interview. The summons is sent at least 1 month in advance.
3 months — the president's investigative powers
The court president has 3 months from the date the summons was sent to gather information on the economic and financial situation of the company.
1 January 2025 — the economic activities courts
Since that date, the commercial courts of twelve cities have been replaced by economic activities courts for the prevention of business difficulties as well as for ad hoc mandates, conciliation and collective proceedings: Avignon, Auxerre, Le Havre, Le Mans, Limoges, Lyon, Marseille, Nancy, Nanterre, Paris, Saint-Brieuc and Versailles.

Documents to prepare

  • Explanatory file on the situation of the business — expressly recommended
  • Accounts and cash position allowing a proper stocktake
  • Record of the signals already registered at the court: Urssaf liens (> €20,000) and Treasury liens (> €200,000), security interests over movable assets
  • Statement of equity and, where applicable, the finding that half the share capital has been lost
  • Evidence that the annual accounts have been filed, or an explanation for their absence
  • Recovery measures contemplated, which the president will ask about
  • Contact details of the accountant or adviser who will accompany you
  • Where summoned: the registered letter and the note giving the reasons for the interview
See the procedure on the official site

No form is attached to this procedure: the link leads to the official page that describes it.

What this page gives you

The guide above and the link to the official site. ActioFin does not produce any document for this page: whatever you fill in or file is done on the official medium.

Who this applies to

  • A head of business who wants to take stock before the situation worsens: they may request an interview on their own initiative, free, anonymous and confidential
  • A head of business summoned by the court president, who has reason to believe the business is going through economic, financial or legal difficulties liable to compromise the continuation of trading
  • COMMERCIAL and CRAFT activities, for which the president of the commercial court — or of the economic activities court — has jurisdiction
  • PROFESSIONAL activities, for which the president of the civil court has jurisdiction
  • CANNOT be summoned by the president of the civil court: lawyers, judicial administrators, judicial agents and public or ministerial officers — notaries, commissioners of justice — ; the president may however inform their professional body of the difficulties encountered

Worked example

Example: an Urssaf lien registered at the court, and the meeting requested before the summons

A company manager is falling behind on social security contributions. Once the debt exceeds €20,000, the social security body registers its lien at the court registry — a preferential right allowing it to register unpaid debts beyond that amount, the threshold being €200,000 for the Treasury. That registration is precisely one of the signals the court president monitors, alongside negative equity, a failure to file the annual accounts, the loss of half the share capital without subsequent remedy, repeated orders for payment, or a large number of security interests over movable assets on the register. Rather than waiting for a summons — which remains optional on the president's part — the manager takes the initiative: she writes to prevention@tribunal-de-commerce.fr, and could equally have applied through the Tribunal digital. Her activity being commercial, the president of the commercial court, or of the economic activities court if her district has come under one since 1 January 2025, has jurisdiction. She obtains an appointment with the detection and prevention unit in under twenty-four hours. The interview is free, anonymous and confidential. She attends with her accountant and an explanatory file — two things the guidance recommends. The president takes stock of the situation, then looks for a suitable solution: they tell her about the ad hoc mandate and the conciliation procedure. They may NOT require her to appoint an ad hoc agent or to open a conciliation; that is her decision. Had she been summoned and failed to attend, a record of non-appearance would have been drawn up the same day by the registrar, and the president could have informed the public prosecutor had they been aware of evidence justifying the conditions for opening judicial reorganisation or winding-up proceedings.

How to fill it in, step by step

  1. Identify the signals the court president monitors, which trigger an alert: negative equity; registration of Urssaf and Treasury liens at the court registry; failure to file the annual accounts; loss of half the share capital without subsequent remedy; repeated orders for payment; a large number of security interests over movable assets on the register.
  2. Do not wait for a summons: the head of a business may request an interview with the court president on their own initiative, and that interview is free, anonymous and confidential.
  3. Identify the competent president according to your activity: that of the commercial court — or the economic activities court — for a commercial or craft activity; that of the civil court for a professional activity.
  4. Request the appointment by one of the two available means: writing to prevention@tribunal-de-commerce.fr, or applying through the Tribunal digital.
  5. Aim for the detection and prevention unit: every commercial court or economic activities court has one, alongside a judge with responsibility for prevention, and an appointment can be obtained in under 24 hours.
  6. Put together an explanatory file: the guidance considers it useful, and it is what will make the interview productive.
  7. Bring support: at the meeting, the head of the business may be accompanied by their accountant or an adviser; where summoned, they may be assisted by a lawyer or an accountant — but they must attend IN PERSON.
  8. If you are summoned, note that the summons arrives by registered letter with acknowledgement of receipt AND by ordinary letter, at least 1 month in advance, with a note giving the reasons for the interview.
  9. Prepare the recovery measures: during the interview, the president takes stock of the situation and asks what measures are contemplated to turn the business around.
  10. Know what is recorded: the interview is confidential, and the record drawn up mentions ONLY the date, the place and the identity of those present.
  11. Anticipate the possible outcomes: the file is closed where the measures contemplated appear sufficient or the continuation of trading is not compromised; a further interview where additional information is needed; or a request, by you, for the appointment of an ad hoc agent or a conciliator.
  12. Do not miss a summons: absent attendance, a record of non-appearance is drawn up the same day by the registrar, and the president may inform the public prosecutor, who may then apply for the opening of judicial reorganisation or winding-up proceedings.

The form, line by line

Urssaf lien
A preferential right allowing the social security body to register its unpaid debts at the court registry where they exceed €20,000. That registration is a difficulty signal monitored by the president.
Treasury lien
The same mechanism, with a €200,000 threshold.
"Awareness" interview
The interview to which the president summons the head of the business where they have reason to believe the business is going through economic, financial or legal difficulties liable to compromise the continuation of trading.
Record of the interview
It mentions only the date, the place and the identity of those present — nothing of the content, the interview being confidential.
Record of non-appearance
Drawn up the same day by the registrar where the summoned head of the business fails to attend.
Detection and prevention unit
Present in every commercial court or economic activities court, alongside a judge with responsibility for prevention. An appointment can be obtained in under 24 hours.
prevention@tribunal-de-commerce.fr
One of the two routes to request an appointment on one's own initiative; the other is an application through the Tribunal digital.

Good to know

  • An interview requested on one's own initiative is FREE, ANONYMOUS AND CONFIDENTIAL: it is the least costly entry point in the whole difficulties pathway.
  • An appointment with the detection and prevention unit can be obtained in under 24 hours — a speed with no equivalent anywhere else in the pathway.
  • The alert remains OPTIONAL on the court president's part: not being summoned does not mean the situation has gone undetected.
  • The president may NOT require the head of the business to appoint an ad hoc agent or to open a conciliation procedure: they inform of their existence, they do not impose them.
  • The record of the interview mentions only the date, the place and the identity of those present: nothing said there appears in it.
  • The president has investigative powers for 3 months from the sending of the summons, with statutory auditors, employee members and representatives, public administrations including the tax authorities, social security and welfare bodies, and the services responsible for centralising banking risks and payment incidents.
  • Failing to attend a summons is not neutral: to the record of non-appearance may be added notification of the public prosecutor, who may apply for the opening of judicial reorganisation or winding-up proceedings.
  • Lawyers, judicial administrators and agents, notaries and commissioners of justice cannot be summoned by the president of the civil court — but their professional body may be informed of their difficulties.
  • Since 1 January 2025, the prevention of business difficulties falls, in twelve cities, to the economic activities court and no longer to the commercial court.

Common mistakes

  • Waiting to be summoned: the alert is optional on the president's part, and a request on one's own initiative is free, anonymous and confidential.
  • Believing the interview commits you to something: the president cannot require the head of the business to appoint an ad hoc agent or to open a conciliation.
  • Fearing a written record of what is said: the record mentions only the date, the place and the identity of those present.
  • Failing to attend a summons: a record of non-appearance is drawn up the same day, and the president may refer the matter to the public prosecutor.
  • Sending a representative in one's place where summoned: the head of the business must attend IN PERSON, even though they may be assisted by a lawyer or an accountant.
  • Coming without a file: putting together an explanatory file is expressly recommended.
  • Approaching the commercial court for a professional activity: it is the president of the civil court who has jurisdiction.
  • Ignoring the alert signals the registry already records: Urssaf liens above €20,000 and Treasury liens above €200,000, negative equity, failure to file the annual accounts, loss of half the share capital without remedy, repeated orders for payment.
  • Believing the summons arrives without notice: it is sent at least 1 month in advance, by registered letter with acknowledgement of receipt and by ordinary letter, with a reasoned note.

Frequently asked questions

Can one request a meeting with the court president oneself?

Yes. A head of business in difficulty may request an interview with the court president on their own initiative. That interview is free, anonymous and confidential. Two routes exist: writing to prevention@tribunal-de-commerce.fr, or applying through the Tribunal digital.

Which president has jurisdiction?

The president of the commercial court — or of the economic activities court — for businesses with a commercial or craft activity; the president of the civil court for businesses with a professional activity. Since 1 January 2025, twelve cities come under an economic activities court for the prevention of business difficulties.

Which signals trigger a summons?

Negative equity; registration of Urssaf and Treasury liens at the court registry — the social security body registering unpaid debts above €20,000 and the Treasury above €200,000; failure to file the annual accounts; loss of half the share capital and the absence of subsequent remedy; repeated orders for payment; a large number of security interests over movable assets on the relevant register.

How does a summons work?

The president summons the head of the business by registered letter with acknowledgement of receipt and by ordinary letter, with a note giving the reasons for the interview. The summons is sent at least 1 month in advance. The head of the business either attends the interview or declines to do so.

What happens during the interview?

The head of the business must attend in person, with the option of being assisted by a lawyer or an accountant. The president takes stock of the situation of the business and asks what measures are contemplated to turn it around. They also inform the head of the business of the existence of preventive procedures such as the ad hoc mandate and conciliation. The interview is confidential: the record drawn up mentions only the date, the place and the identity of those present.

Can the president impose a procedure?

No. The court president cannot require the head of the business to appoint an ad hoc agent or to open a conciliation procedure.

What is the risk of not attending?

If the head of the business does not attend, a record of non-appearance is drawn up the same day by the court registrar. The president may also inform the public prosecutor if they are aware of evidence justifying the conditions for opening judicial reorganisation or winding-up proceedings, and the public prosecutor may then apply for their opening.

What investigative powers does the president have?

They have 3 months from the date the summons was sent to gather information on the economic and financial situation of the company. They may address their requests for information to statutory auditors, employee members and representatives, public administrations including the tax authorities, social security and welfare bodies, and the services responsible for centralising banking risks and payment incidents.

Go further

Official sources

Read in French

Guide and document provided for information purposes only; they do not constitute personalised legal or tax advice. Check the recipient organisation's requirements and consult a professional if needed.