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Appointment of a provisional administrator in the event of a disagreement between partner

Appointment of a provisional administrator in the event of a disagreement between partner

A few months ago, a deep disagreement arose between the partners of our company. Since then, the management of the company has been seriously hindered. As a partner myself, what can I do to unblock the situation?

In this situation, you can, as a partner, request the court to appoint a provisional administrator who will be responsible for managing the company, but only if the company is facing serious difficulties that prevent it from operating normally and is exposed to imminent danger. If the court considers that these two conditions are met, it will appoint a provisional administrator, at least if it thinks that the situation can be rectified.

It should be noted, however, that the appointment of a provisional administrator is an exceptional measure that is only taken by the court in the most serious situations, when there is a risk of paralysis for the company. As a result, if the court considers that the conditions are not met to appoint a provisional administrator, you can still request the appointment of an ad hoc representative who will then have the simple mission, for example, of trying to reconcile the partners.

And if no solution is possible, it may then be necessary to consider dissolving the company…

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