At the time of the creation of the company as during its development, it is important to accompany to make sure you make the right choices and decisions.

Accompaniments can be offered by consular and professional networks, for example:

• Chamber of Commerce and Industry (CCI), Chamber of Trades and Crafts (CMA), Chamber of Agriculture ()
• National Union of Liberal Professions (UNAPL)
• Professional order (order of accountants, doctors, etc.)
• Professional Federations (Union of Self-Employed UAE, etc.)
• Legal and cipher professionals: lawyers, accountants, etc.

Regions can also offer support to entrepreneurs.

The Urssaf supports entrepreneurs in the various key stages: company creation, development, financial difficulties and cessation of activity.

Public Service company Advisors also offers personalized support to entrepreneurs by putting them in touch with various public and parapublic partners who commit to recall them within a maximum of 5 days. They provide assistance adapted to the problem: proposal of financial assistance, personalized advice, information or technical support.

Security interests are mechanisms to protect a creditor from default of payment of sound debtor. A company may ask its debtors to set up collateral to protect yourself in the event of failure. This allows it to limit its cash flow problems related to unpaid bills.

There are several types of collateral that have their own characteristics. It is important to find out about each of them to determine which one could be the most effective.

We present you a non-exhaustive list of the different guarantees:

• Surety
• Pledge of debt, pledge of shares, pledge of the business
• Mortgage
• Autonomous warranty
• Letter of Intent
• Pledge on body furniture, real estate pledge

Collateral may also be sought from the company for guarantee some of its receivables (loans, purchase from a supplier...).) The manager may grant a security right in the name of his company and thus safeguard his personal assets.

To avoid getting into a difficult situation, the leader must be attentive when the drafting of its business documents. It is necessary to write a document for each commercial transaction and to do it systematically sign by clients. This allows the company to prove that the transaction has taken place or should have taken place in the event of a dispute with its partner.

It should also consider including a number of key information in its general terms and conditions (CGV) made available to customers. These CGV define the rules applicable to sales (e.g. how to determine the price, payment terms, transport terms, court of competent jurisdiction in case of dispute). They can serve as evidence to the company. They also save time, particularly on the choice of dispute resolution.

In addition, during the drafting of agreements and contracts together with its business partners, the company must consider including all relevant clauses in the event of a dispute. These include:

• Penalty, periodic penalty payment or indemnity clause : it establishes the amount of compensation in the event of non-performance of the contract (for example, a supplier has not delivered the goods to its customer)
• Deduction clause : it sets the price to be paid to discard a contract and no longer be required to perform its obligations
• Clause ofdown payment anddeposit : once a deposit or deposit has been paid, it is no longer possible to discard the contract or on disadvantageous terms
• Retention of title clause : the supplier may place a retention-of-title clause on the goods delivered. He retains ownership of the goods until the customer has paid the full amount of the invoice
• Resolutive clause : it specifies the circumstances in which the contract ceases to have effect. It may also entail an obligation for the parties to cancel obligations for which the consideration has not taken place. For example, the customer must return the delivered goods for which he has not paid the amount.

These clauses allow the company to protect against non-performance obligations of its trading partners and to avoid unpleasant surprises. They may also enable the company to save time and to avoid staying too long in a difficult situation.

The company can subscribe to supplementary insurance and in particular a operating loss insurance. This insurance provides compensation to the company when it is no longer able to continue its activity as a result of a disaster (for example, a fire, an explosion, a broken machine, vandalism).

Decreased or stopped activity may result in loss of turnover which, if the company has taken out operating loss insurance, is compensated by the insurer.

This insurance is often integrated into the property and casualty insurance proposed by the various insurers. The company must review the offers offered by the insurance businesses to determine which one is the most suitable for the company.

Thus, this allows the company to limit the risk to find themselves in financial difficulty.

When a company wants to start a business relationship with a new customer, it is useful to learn about its financial situation . The credit information of a company ensures that there is no high risk of default. Indeed, a company in financial difficulty may have difficulty meeting its payment deadlines and thus endanger the cash flow of the company awaiting payment.

To obtain this information, the company must know the Siren or Siret number of its customer or business partner. These numbers are present on the business documents (e.g. invoice, CGV, quote) from the client company.

They can also be found free of charge on the website of theDirectory of companies. This site also provides access to the financial data of the companies: closing date of the accounts, amount of turnover, etc.

Company Directory: Find all the information in a company

The site Infograft make available the accounts deposited and more or less detailed studies of the financial situation. Access to this information is usually paid for:

Infograft

Commercial court registries also maintain a register of security rights on which it is possible to see whether a company has granted security rights to creditors. It is available free of charge:

Personal Property Security Consultation Portal