فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The Public Prosecutor’s Office has issued an important circular addressed to the Attorney Generals at the Commercial Courts of Appeal and the Public Prosecutors at the Commercial First Instance Courts. The circular aims to promote the proactive role of the Public Prosecutor’s Office in procedures related to business difficulties.
The circular calls for strict adherence to attending all hearings concerning business difficulty cases, recognizing the Public Prosecutor’s Office as a key party in these matters. It emphasizes the importance of submitting clear motions before the court to take appropriate measures to resolve the status of the company under judicial proceedings and ensure the payment of its debts.
It stresses compliance with Circular No. 24/RN A/S/2018 dated May 24, 2018, which urges the activation of legally assigned competencies, and Circular No. 4/RN A/S/2020 dated January 24, 2020, focused on enhancing the Public Prosecutor’s role in safeguarding the economic public order.
The Public Prosecutor’s Office is urged to closely monitor the status of distressed companies and file requests for appropriate judicial dissolution to address difficulties that may threaten the continuity of their operations, in accordance with legal provisions.
The circular also calls for positive engagement with business difficulty procedures by following up on cases, preparing files through prior study before hearings, requesting extensions when necessary, and seeking the application of civil penalties and commercial capacity forfeiture against managers committing legally defined violations.
It mandates the preparation of detailed reports on acts that may constitute bankruptcy crimes and other offenses stipulated in Articles 754 to 760 of Book Five of the Commercial Code, and their referral to the competent Public Prosecutor’s Office for appropriate legal action.
The circular recommends taking all necessary measures to ensure the trustee (Syndic) properly manages judicial procedures, safeguards company interests, and protects creditors’ rights. It advises filing for the trustee’s replacement with the court in case of legal breaches, based on Article 677 of the Commercial Code.
The circular encourages the Public Prosecutor’s Office to exercise its authority under Clause 9 of Article 762 of the Commercial Code to appeal decisions regarding the appointment, replacement, modification of powers, or renewal of the trustee’s mandate, including the preparation of the company’s financial, economic, and social balance report as per Article 595.
It emphasizes the importance of monitoring decisions issued in business difficulty cases, reviewing them, and exercising available legal remedies when warranted.
In conclusion, the Public Prosecutor’s Office calls on all prosecutors to strictly implement the circular’s provisions, recognizing their critical role in enhancing judicial efficiency and protecting economic security. It also requests regular reporting to the Office on the outcomes achieved, encountered challenges, and proposed solutions to address them.
