Mac Mahon Avocats advises, through its dedicated Morocco Desk based in Paris, companies operating in Agadir on the prevention and treatment of financial distress. The engagement is strictly limited to restructuring advisory: prevention, negotiation, turnaround.
Agadir is the economic capital of Souss-Massa, the Kingdom's leading fishing port and a major tourism and agri-food hub (citrus, early produce, canneries). The local economy, heavily exposed to tourism cycles and climate volatility, generates recurring needs for debt restructuring and crisis management.
The reform of Book V of the Moroccan Commercial Code (distress prevention and treatment) calls for early strategic analysis. The Morocco Desk delivers combined Moroccan-French legal reading whenever the group is exposed to both jurisdictions.
Out of scope: judicial representation before Moroccan courts. For local filings, coordination with counsel admitted to the Agadir or Casablanca bar.
Strategic meetings by video, targeted trips to Agadir for critical phases (bank negotiations, creditor committees), memos in French, English or Arabic depending on recipients.
The Commercial Court of Agadir has first-instance jurisdiction over Souss-Massa companies within its district, as set by Decree no. 2-97-771 (28 October 1997), issued under Law no. 53-95 establishing commercial courts.
Mac Mahon Avocats does not appear before Moroccan courts; this information is provided as guidance for company directors.
Agadir concentrates fishing and seafood processing, Souss export agriculture (early vegetables, citrus), agri-industrial activity around the Haliopolis hub, and seaside tourism.
A weak season that jeopardises repayment of seasonal facilities is a sufficient trigger to start a preventive process, before cessation of payments. The timing of the next campaign shapes the repayment schedule negotiated.
Yes, on advisory matters: export contracts, currency exposure, campaign financing and bank debt, coordinating with the group's European entities where they exist.
Mac Mahon Avocats — 33 avenue Mac-Mahon, 75017 Paris, France
Phone: +33 1 45 03 20 20
Email: accueil@macmahon-avocats.fr
Proceedings governed by Book VI of the French Commercial Code follow statutory deadlines. The information below is general and does not constitute legal advice.
Filing deadline. Article L.631-4 of the French Commercial Code requires the insolvency (cessation of payments) to be declared within forty-five days, unless conciliation is requested within that period.
Filing of claims. Creditors have two months from publication of the opening judgment in the BODACC to file their claim (article L.622-24).
The actual timetable depends on the company's situation, the size of its liabilities and the work of the court-appointed officeholder. An initial discussion helps identify the appropriate procedure.
Matters in Morocco are handled in collaboration with partner lawyers admitted to the Moroccan bars. Those colleagues, admitted before the Kingdom's courts, carry out filings, hearings and local representation. Mac Mahon Avocats works alongside them on restructuring strategy and France-Morocco coordination.
This set-up complies with the applicable professional rules: the firm itself provides no judicial representation before Moroccan courts.
An initial confidential discussion helps identify the appropriate route (prevention, negotiation, turnaround).
Take appointment Call +33 1 45 03 20 20 Send an email
Advisory only, in collaboration with our partner lawyers admitted to the Moroccan bars, who handle representation before the Kingdom's courts.