By Yasmine EDDAM
27 April 2025
Unfortunately, a company's economic difficulties can extend beyond the commercial and financial sphere into the criminal sphere. When risky or even fraudulent management is suspected of having precipitated the company's downfall, the director is exposed to particularly severe penalties. In addition to the civil and professional sanctions that can exclude them from business life or affect their assets, such as liability for insufficient assets, criminal law provides for specific offences, the most emblematic of which is bankruptcy. This term, steeped in history and synonymous with fraudulent bankruptcy, now covers a number of specific acts which, if proven, can land a company director in court. Understanding what bankruptcy is, what acts can constitute it and what penalties are incurred is essential for any manager wishing to navigate the murky waters of business difficulties. This article sets out these crucial aspects in detail, as well as the so-called «related» offences that can also give rise to criminal liability....
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