L'implication du professionnel du chiffre dans les sociétés en difficulté financière

Abstract

The number of companies increases each year in Belgium. However, 11.4% of these new companies and the already existing ones present some risks of bankruptcy or a reduced growth. The regulator put in place the law concerning the continuity of enterprises in 2009 in order to help these companies with financial difficulties. The law is meant to straighten out the companies with one of the three following judicial reorganization procedures: amicable agreement, collective agreement and transfer under judicial authority. Despite the law concerning the continuity of enterprises, the number of companies with difficulties stays high compared to the number of judicial procedures. The reasons are the low number of companies which resorts to the procedure, the late resort of companies and the low success rate of these procedures. The purpose of the thesis is then to understand what is the role of the accounting professionals in these companies with difficulties and how can they help them. Indeed, these professionals are supposed to be close of the company with difficulties and should be one of the first actors being able to detect these companies. This thesis shows in this way that auditors are the ones who want to help the most the companies with difficulties because they have the abilities to do it but are lead to several laws and a code of ethics which limit them in their involvement in these companies. The principle of independence requires auditors not being involved in the management of a company. On the opposite, the help of accountants or chartered accountants is not enough required by the companies. They considered these professionals as service provider instead of including them more in the financial management of their companies.