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FranceEntreprendre Service Public

Conciliation: voluntary accord within 5 months, new money privileged

Conciliation needs proven or foreseeable difficulty and under 45 days of payment cessation; the accord is voluntary, constaté confidentially or homologué publicly.

By Taxxa AI OyPublished 9 October 2026

Legal & Corporate

A debtor facing a proven or foreseeable legal, economic or financial difficulty that has not been in cessation des paiements for more than 45 daysLegifrance may seek conciliation before the president of the tribunalLegifrance. Commercial and artisanal debtors fall under articles L611-4 and L611-6 of the Code de commerce; private-law entities and self-employed persons, including regulated liberal professions, under article L611-5 before the tribunal judiciaire. Agricultural operators are excludedService Public: they use the règlement amiable of articles L351-1 to L351-7 of the Code rural et de la pêche maritime.

The debtor files a requête describing its economic, financial, social and patrimonial situation, its financing needs and how it intends to meet them, and may propose a conciliator. For a commercial or artisanal activity the requête goes to the tribunal of the siège social, online through the tribunal digital or in two copies to the greffe of the tribunal de commerce or tribunal des activités économiques, with the statement of claims and debts plus schedule and main creditors, the position on sûretés and off-balance-sheet commitments, recent accounts where drawn up, an attestation sur l'honneur of no conciliation in the previous three months. Since 1 January 2025, twelve cities — Avignon, Auxerre, Le Havre, Le Mans, Limoges, Lyon, Marseille, Nancy, Nanterre, Paris, Saint-Brieuc and Versailles — handle these cases in new tribunaux des activités économiques; the tribunal judiciaire stays competent for the regulated legal professions.

The president opens the procedure and appoints the conciliator for at most four months, extendable once at the conciliator's request so the total never exceeds five monthsService Public; a constatation or homologation request filed before expiry prolongs both until the decision, failing which they end by operation of law with no new conciliation for three months. The conciliator fosters an accord amiable with the main creditors and may propose safeguard measures or a later cession. Opening conciliation does not suspend payment: the business keeps paying its debtsService Public.

During negotiations the debtor may ask the opening judge to apply article 1343-5 of the Code civil against a creditor that sued, put it on notice, or refused to suspend exigibility: payment may be deferred or spread within two years. While a conciliation runs, no redressement or liquidation may be opened on a creditor assignation. Creditors join voluntarilyService Public and may commit only part of their claims.

An agreed accord grants payment delays, debt, interest or penalty remissions, restart cash or execution sûretés. It is either constaté by the president on the parties' joint request — confidentialService Public, with force exécutoire, on the debtor's certified declaration that it was not in cessation des paiements or that the accord ends it — or homologué by the tribunal at the debtor's request aloneService Public, where the debtor is solvent or the accord ends the cessation, the terms secure continuation, and non-signatories are unharmed; homologation is publicised, ending confidentialityService Public, and the comité social et économique is informed.

During execution the accord bars individual enforcement over covered claims and capitalisation of their matured interest; sureties and co-obliged persons may invoke its terms. Fresh cash or new goods or services supplied under a homologué accord earn the privilège de new money, paid by privilege at the rank of articles L622-17 II and L643-8 I of the Code de commerce, after wage claims and justice costs. Breach brings résolution; without agreement the conciliator reports, the president closes the procedure, and the debtor may turn to sauvegarde, or must seek redressement or liquidation if in cessation des paiements.

Legal basis: Code de commerce, articles L611-4 to L611-8, L611-10-1, L611-10-3 and L611-11; Code civil, article 1343-5; Code de commerce, article R611-22.

File the requête for conciliation before cessation des paiements exceeds 45 days, with the three-month attestation and full creditor schedule, and negotiate creditor participation early since the accord binds only signatories.

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