Chapter I: Preventing business difficulties, ad hoc mandates and conciliation procedures.

To qualify for approval under article L. 611-1, approved prevention groups must meet the conditions set out in articles D. 611-2 to D. 611-8.

Approved prevention groups are constituted in any legal form which confers on them a legal personality under private law.

Applications for approval are filed with the prefect of the region in which the grouping has its registered office; he acknowledges receipt after checking that the application is complete. The applications shall state: 1° The purpose of the grouping, which corresponds to the mission defined in article L. 611-1; 2° The area in which it carries out its activity, which does not exceed the region in which it has its…

All applications for approval must be accompanied by the following documents: 1° A copy of the grouping’s Articles of Association and, where applicable, its rules of procedure; 2° Proof that the formalities required by the legislation in force for the creation and proper operation of the grouping have been carried out, depending on the legal form chosen; 3° A list of the persons who direct, manage or administer the grouping…

The groups undertake: Not to carry out any advertising, except in professional journals and newsletters; To indicate in their correspondence and on all documents drawn up by them their status as approved prevention groups and the references of the approval decision; To inform the prefect of any changes to their status and of any changes that have occurred in the persons who direct, manage or administer the groups within a…

The regional prefect has a period of three months in which to grant or refuse approval. The starting point for this period is set at the date of issue of the acknowledgement of receipt specifying the completeness of the application file submitted by the group. If the regional prefect has not notified his response within the time limit set, the group is deemed to have been approved. The withdrawal of…

Approval is granted for a maximum period of three years, renewable by order of the prefect of the region where the group’s head office is located. The decision takes into account in particular: The compliance of the grouping’s objectives with those defined by article L. 611-1 ; The adequacy of the means implemented to the objectives pursued; The commitments entered into pursuant to article D. 611-5, their compliance in the…

The grouping sends the regional prefect a copy of the agreements concluded with credit institutions, finance companies and insurance companies pursuant to the fifth paragraph of Article L. 611-1.

The assistance that the State and its public establishments may lend to the groupings is requested by the latter after written agreement, formulated on a case-by-case basis, from the member companies in question. Any nominative information provided remains confidential. Failure to comply with this rule will automatically result in the withdrawal of approval in the manner in which it was granted.