Abstract

Enterprises play a pivotal role in economic development by attracting investment, generating employment, and producing goods and services. Accordingly, the Moroccan legislator has accorded them significant attention by regulating their activity through legal provisions that frame their operations, both in ordinary circumstances under company law and during periods of difficulty and crisis under the provisions of Book V of the Moroccan Commercial Code relating to Business Insolvency Proceedings. Within this legal framework, the commercial court is entrusted with a crucial role when opening a reorganization procedure, as it appoints several bodies responsible for managing the proceedings. Among the most prominent is the Supervisory Judge, who is considered one of the primary judicial authorities responsible for implementing the insolvency proceedings, playing a central role in overseeing the course of the procedure and monitoring the various measures adopted within it. Alongside the judge, the Trustee (Syndic, as provided under the Moroccan Commercial Code) emerges as a key actor in managing the procedure by virtue of the powers and authorities vested in him under the rescue and insolvency proceedings. The Trustee is tasked with a range of essential functions, including supervising or managing the enterprise depending on the circumstances, overseeing the filing of claims by creditors, and ensuring the verification of claims a critical stage aimed at accurately determining the enterprise’s liabilities. Additionally, the Trustee prepares reports that enable the court to adopt appropriate decisions intended to identify solutions capable of rescuing the enterprise.

Keywords

the Trustee (Syndic); Procedures for Addressing Corporate Financial Distress; filing of claims; Verification of Claims.