French mandat ad hoc or conciliation: act before insolvency
A practical guide for CEOs managing cash stress in France before payment default, insolvency or collective proceedings.
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Outsourced CFO in France | Fractional finance leaderExpert note: This article was written by our chartered accountancy firm. Information is current as of 2026. For a personalised review of your situation, contact us.
Short answer#
Mandat ad hoc and conciliation are French amicable procedures designed to address difficulties before they become irreversible. Mandat ad hoc is generally used before payment default; conciliation can be used within the legal payment-default timeframe. The key is to act before cash is fully exhausted.
CEOs often wait too long, either out of discretion or optimism. Creditors negotiate better when the company presents a reliable cash forecast, a factual diagnosis, realistic assumptions and a clear view of what is requested from each party.
Why this topic deserves proper tax and accounting framing#
Rising working capital, late customers, financing costs, social charges, tax debt and slower sales can put a French SME under pressure without making it hopeless. Amicable procedures help open structured negotiations before collective proceedings.
The useful starting point for french mandat ad hoc or conciliation: act before insolvency is practical: mandat ad hoc or conciliation?. A quick answer helps, but it is not enough unless the file connects 13-week cash forecast, bank position and overdue debt schedule. with the main operating risk: waiting for payment default before asking for help.. For french mandat ad hoc or conciliation: act before insolvency, the link between decision, evidence and timing is what turns the article into a working tool for founders and finance teams.
Who is concerned?#
- French SME CEOs with supplier, bank, tax or social security arrears.
- Startups with less than six months of runway and uncertain fundraising.
- CFOs preparing discussions with banks, investors and creditors.
- Companies with a good order book but insufficient cash.
- Shareholders who want to avoid reacting too late.
Decision table#
| Question | Quick reading | Point to secure |
|---|---|---|
| Mandat ad hoc or conciliation? | Mandat ad hoc is flexible; conciliation is more formal and time-limited. | Choose based on urgency, payment-default status and agreement objective. |
| When to act? | As soon as the cash forecast shows an unfunded low point. | Do not wait for rejected payments. |
| Which creditors matter? | Banks, tax authorities, URSSAF, landlord, key suppliers and investors. | Prioritise creditors that can stop operations. |
| What file is needed? | Cash forecast, debt schedule, margins, working capital and recovery plan. | Use verifiable figures. |
| What is the CEO role? | Own the plan, make decisions and negotiate quickly. | Avoid unfunded promises. |
Specific controls to document#
In a real French file on french mandat ad hoc or conciliation: act before insolvency, the goal is not to tick an administrative checklist: the company must show why the decision is consistent with the available facts. For "Mandat ad hoc or conciliation?", the practical reading is: Mandat ad hoc is flexible; conciliation is more formal and time-limited.. The item to secure becomes choose based on urgency, payment-default status and agreement objective., with dated evidence that a third party can understand.
The second layer is consistency between documents: 13-week cash forecast, bank position and overdue debt schedule., Customer and supplier aged balances, disputes and promised receipts., Tax, social security, bank, rent and critical supplier payment schedules., Recent P&L, forecast, order book and sales pipeline.. If those documents tell the same story about when to act?, the company saves time during a tax audit, due diligence, refinancing process or accounting migration. If they contradict one another on do not wait for rejected payments., the issue should be fixed before any external review.
Finally, management should identify weak signals before they become expensive: Waiting for payment default before asking for help.; Presenting an over-optimistic cash forecast without downside scenario.; Negotiating separately with each creditor without a global plan.. For french mandat ad hoc or conciliation: act before insolvency, this review prevents the company from discovering the issue when an investor, lender, tax authority or buyer is already asking precise questions.
Practical method#
- Build a 13-week cash forecast with receipts, payments, critical debt and scenarios.
- Identify the cash break date and review payment-default status with appropriate advisers.
- Rank creditors by criticality: bank, URSSAF, tax, landlord, strategic suppliers and employees.
- Prepare an action plan: cost savings, customer collections, payment plans, refinancing, shareholder support or asset sales.
- Assemble the file for the court president and amicable negotiations.
- Update weekly: actuals versus forecast, agreements obtained, rupture risks and decisions required.
Documents to prepare#
- 13-week cash forecast, bank position and overdue debt schedule.
- Customer and supplier aged balances, disputes and promised receipts.
- Tax, social security, bank, rent and critical supplier payment schedules.
- Recent P&L, forecast, order book and sales pipeline.
- Working-capital schedule, inventory, deposits, late customers and funding needs.
- Cost-saving plan, spending freeze, renegotiations and cash actions.
- Financing contracts, guarantees, covenants and security interests.
- Minutes, shareholder decisions and creditor correspondence.
Frequent mistakes to avoid#
- Waiting for payment default before asking for help.
- Presenting an over-optimistic cash forecast without downside scenario.
- Negotiating separately with each creditor without a global plan.
- Confusing signed revenue with actual cash collection.
- Forgetting director duties when payment default occurs.
Executive example#
A profitable SME has EUR 400,000 of late customer receipts and excessive inventory. Without a plan, it requests delays one by one. With a prepared mandat ad hoc, it presents a cash forecast, shareholder effort, supplier calendar and collection plan. Negotiations move from panic to credibility.
When should you involve a French accountant?#
The French accountant or outsourced CFO prepares the figures, cash forecast, working-capital diagnosis, scenarios and debt schedules. They help the CEO speak to banks, URSSAF, tax authorities and suppliers on facts.
Hayot Expertise helps CEOs under cash pressure build a clear file before mandat ad hoc, conciliation, refinancing or creditor negotiations.
Useful internal links#
- freeing cash from working capital
- cash stress test
- tax and social debt payment plans
- outsourced CFO in France
- French collective proceedings
Frequently asked questions
What is the difference between mandat ad hoc and conciliation?+
Mandat ad hoc is flexible and confidential. Conciliation is more formal and often aims to document an agreement with key creditors.
When should a CEO act?+
As soon as the cash forecast shows a likely break or critical debts can no longer be absorbed by normal operations.
Is the process public?+
Amicable procedures are designed to preserve confidentiality, unlike classic collective proceedings.
Which document should be prepared first?+
The 13-week cash forecast is usually central because it makes urgency, needs and requested efforts clear.
Sources and caution#
Caution note for French mandat ad hoc or conciliation: act before insolvency: updated on 5 May 2026. Amicable procedures should be assessed with legal advisers, especially when payment default is close or already established.

Article written by Samuel HAYOT
Chartered Accountant, registered with the Institute of Chartered Accountants.
Regulated French accounting and audit firm based in Paris 8, built to support companies across France with a digital and decision-oriented approach.
Sources
Official and operational sources cited for this page.
This topic is part of our service Outsourced CFO in France | Fractional finance leader
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