LIGHTING: MARIE BOUARE PRIVATE LAW PROFESSOR AT THE UNIVERSITY OF SAINT LOUIS GASTON BERGER "The provisional administrator is an ad hoc administrator, appointed for a definite mission"

The judges of the Commission instruction of the High Court of Justice decided to put under temporary administration Dubai Port Senegal. Observer sheds light on the legal concept that is "provisional government." Professor of Private Law at the University Gaston Berger of Saint Louis Marie Bouaré issue an expert opinion on the matter.

Provisional administration. "In general there is the temporary administration of companies in the so-called collective procedures. But the bankruptcy proceedings is lorsqu'effectivement companies are struggling. In bankruptcy proceedings, there are the receivership and liquidation. This means that the manager of the company, the CEO of the company, at least those who have the management and administration of the company, have led the company in a difficult situation. If you are in bankruptcy, you may appoint a provisional administrator who can assist the traditionally manages the business, that is to say, the manager, deputy or the Chairman of the Board of Directors has the assist. Simply because the law gives him the mission is to assist those who manage the company and somewhere to oversee the management of the company. Because whoever manages traditionally has led the company in difficulty. So the provisional administrator is an ad hoc administrator, that is, someone who has been appointed temporarily to fill a very specific mission. At the end of the mission, who had appointed him to take further measures, another decision to renew the provisional administration of reconfier or management company to whoever managed in general . Usually when the company is in trouble, it may happen that he who had the management of the company has passed completely from the management of the company and who was appointed just replace it entirely. It is he who will manage, administer society as was the one who led the company in a particular difficulty. We must distinguish between these two options, either the temporary administrator is to assist those who ran the company, or the provisional administrator has to replace it outright, which managed the company. "
The powers of the provisional administrator. "He has a mission statement. This means that the one who gives mission will define the scope of its powers over the administration of the company. It can handle the current actions of the company, or it may have the task of monitoring the manager of the company, which will not make a decision if he does not obtain the permission of the provisional administrator. If reinforces the manager, in this case the manager continues to manage the business, but if it comes to control manager, it may limit the powers of the manager saying he can not bind the company to the tune to. In this case, you have the authorization of the temporary administrator. Everything depends on the engagement letter assigned to the provisional administrator, or it is to assist the business owner or remove the CEO and manage the place of business of the company "leader.
Future of the company? "The contracts were concluded before the arrival of the interim trustee shall continue to be operative. If the company is in receivership perspective this means that it is experiencing difficulties in this case the provisional administrator has control management actions that exceed the significant investment compared to the usual manager. If the company is in a context of liquidation, it is the interim director himself who will manage the company. That is to say that society can not live, it can not prosper provisional administrator will come to sell the business, to social, redundancies, sell some assets of the company, ignore some creditors to total exhaustion of the assets of the company until the end of the company. "
The purpose of such a procedure. "In the case of Dp World, when you consider that one who is the owner of the company is not the manager of this company, this means that there is the nominee only manage instead of someone else. Anyone else who is in trouble with the law, can see justice get hold of the company to ensure that the company is squandered, mismanaged, justice may appoint a provisional administrator. In this case the temporary administrator is to manage instead of one who manages the business. Justice wants to have a look over the management of the company "
HAROUNA FALL