Abstract
This article examines financial sanctions provided under Book V of the Moroccan Commercial Code on business difficulties (corporate insolvency). These sanctions constitute a deterrent mechanism intended to protect economic public order, secure business continuity, and curb misconduct arising from poor management. The study reviews the main forms of financial sanctions—particularly holding directors personally liable, in whole or in part, for corporate liabilities when a management fault contributed to a deficit in assets—as well as extending insolvency proceedings to managers in specific situations. It also discusses the substantive and procedural requirements for their application, the roles of the court and the trustee (syndic), limitation periods, and the effects of related judgments. The paper concludes that the effectiveness of this framework depends on a careful balance between deterrence and credit protection, on the one hand, and fair-trial guarantees and rescue-oriented objectives, on the other.
Recommended Citation
El Hafdi, Najat
(2023)
"Financial Sanctions under the Moroccan Corporate Insolvency Regime,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 28:
Iss.
3, Article 4.
Available at:
https://scholarhub.univh2c.ma/remadeg/vol28/iss3/4