For the application of 29° of article L. 2321-2, a provision must be made by the mayor in the following cases:
1° As soon as litigation is initiated against the municipality at first instance, a provision is set aside for the amount estimated by the municipality of the expense that could result based on the financial risk incurred;
2° As soon as collective proceedings are initiated as provided for in Book VI of the Commercial Code, a provision is set aside for loan guarantees, loans and receivables, cash advances and equity holdings granted by the municipality to the body that is the subject of the collective proceedings. This provision is set aside to cover the risk of irrecoverability or depreciation of the debt or equity investment, as estimated by the municipality. The provision for profit-sharing also takes into account the risk of the entity’s liabilities being discharged. In the case of loan guarantees, the provision is set aside for the amount that calling on the guarantee would represent for the municipality’s budget depending on the financial risk incurred;
3° When the recovery of outstanding debts on third-party accounts is compromised despite the diligence of the public accountant, a provision is set aside for the amount of the risk of irrecoverability estimated by the municipality based on the information provided by the public accountant.
In other cases, the mayor may decide to set aside provisions as soon as a proven risk appears.
For all of the provisions provided for in the previous paragraphs, the mayor may decide to set aside the provision over several financial years prior to the realisation of the risk.
The provision is adjusted annually according to the development of the risk.
It gives rise to a reversal in the event of the realisation of the risk or when the risk is no longer likely to occur.
The amount of the provision, as well as its development and use, are recorded on the statement of provisions attached to the budget and the administrative account.
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