• news-banner

    Expert Insights

Available in other languages:

The French Government extends exceptional insolvency measures related to the COVID-19 crisis up to the 31st December 2021

min read

Many of the measures of the French Ordinance No. 2020-596 of 20 May 2020, adapting pre-insolvency and insolvency French rules in response to the consequences of the Covid-19 pandemic, were due to expire on 31 December 2020.

The French law on Acceleration and Simplification of Public Action n°2020-1525 of 7 December 2020 now extends them until December 31, 2021.

The extended measures are as follows:

  • The reinforcement of the statutory auditor role as a whistleblower (the statutory auditor can warn the president of the Commercial Court directly of the existence of difficulties without delay);
  • Increased protection of the debtor in conciliation (the creditor who does not suspend action during the conciliation procedure may be prohibited from taking such action or any means of enforcement by the president of the Commercial Court);
  • The extension of the accelerated safeguard proceedings (or “S.F.A”) to small businesses (the minimum thresholds being 20 employees, €3 million in turnover or €1.5 million in balance sheet to allow the debtor to apply for accelerated safeguard proceedings);
  • The possibility of extending continuation / safeguard plans up to 12 years (compared with 10 years previously);
  • New "post-money" privilege (cash contributors during the insolvency proceedings can benefit from an additional guarantee in the event of subsequent liquidation).

On the other hand, the most controversial measure of the Ordinance of 20 May 2020, namely the possibility to sell the insolvent company as a going concern to its management, will come to an end on 31 December 2020.

Our thinking

  • Charles Russell Speechlys appoints new Paris office head

    Thibaut Caharel

    News

    min read
  • Charles Russell Speechlys Partner Promotions 2026

    Bart Peerless

    News

    min read
  • Stéphane de Lassus quoted in Le Monde on tax audits and the role of holding companies in France

    Stéphane de Lassus

    In the Press

    min read
  • LCIA Announces Consultation on Revising Arbitration Rules

    Gareth Mills

    Quick Reads

    min read
  • Charles Russell Speechlys strengthens its position in the latest Legal 500 EMEA directory, with 22 firm rankings

    News

    min read
  • Charles Russell Speechlys hires first IT, Data and AI Partner with leading digital health expertise in Paris

    Marguerite Brac de La Perrière

    News

    min read
  • Stéphane de Lassus quoted in Décideurs Patrimoine on the importance of structured family dialogue for succession planning

    Stéphane de Lassus

    In the Press

    min read
  • Avoid Airport Anxiety: Check your passport can be used for travel to the UK – Rules change significantly on 25 February 2026, especially dual-nationals

    Paul McCarthy

    Quick Reads

    min read
  • Family Law Journal features Jamie Kennaugh, Hanh Nguyen, Francesca Heath-Clarke, Charlotte Posnansky, and Daniel Staunton on the interplay between family and insolvency law

    Hanh Nguyen

    In the Press

    min read
  • 2025: Year in Review

    Thomas R. Snider

    Quick Reads

    min read
  • Erell Bauduin comments in VOGUE Business on how leading companies approach succession strategy

    Erell Bauduin

    In the Press

    min read
  • Tom’s Top Ten: Key Developments in International Arbitration Globally in 2025

    Thomas R. Snider

    Quick Reads

    min read
  • What Changes in Switzerland on 1 Jan 2026: Debt Registers, Defects, Credit, and Remote Testimony

    Remo Wagner

    Quick Reads

    min read
  • Disputes Over Donuts: AI in Arbitration - Innovation, Risk, and the Road Ahead

    Thomas R. Snider

    Podcasts

  • India-UAE BIT 2024: What to Expect When You’re Investing

    Thomas R. Snider

    Insights

    min read
  • Energy Arbitration: Navigating Disputes in a Transforming Global Sector

    Thomas R. Snider

    Insights

    min read
  • The Lawyer and Law 360 quote James Hyne on our involvement in the landmark Greensill trial

    James Hyne

    In the Press

    min read
  • A very British benefit – More Queuing: Introducing the Europe wide Entry/Exit System from October 2025

    Paul McCarthy

    Quick Reads

    min read
  • Charles Russell Speechlys acts in landmark Greensill trial – pyrrhic victory for Credit Suisse as no relief granted against Softbank

    James Hyne

    News

    min read
  • Charles Russell Speechlys enhances Corporate, Restructuring and Insolvency capabilities with new Partner hire

    Stewart Hey

    News

    min read
Back to top