31312 then that is not in a situation irremediably compromised

Among the structures put in place by the Government to combat the crisis, the credit Ombudsman that figure of original innovation Jurists, passionate of taxonomy, however unfamiliar to be classified in their usual categories. Not that figure even the Ombudsman is unique: the well known model of the mediator of the Republic is propagated long, but the new Ombudsman for credit a different ambition: it must be the custodian, at the national level, of this "moral Pact" referred to by the President of the Republic, passed between the national community and credit institutions to ensure the continuity of credit offers at competitive rates.

Of course, the problem is how a sage, devoid of any "imperium", even the aura and the authority of René Ricol, may carry out such a mission. Without powers and even elsewhere that a text defining its mission, he must invent the rules of the game.

A first series of questions is procedural: covers how even the Ombudsman, training records, the link between the various structures mobilized to fight against the difficulties of businesses and the need for credit. The press release issued by the Ombudsman of the credit and the French Banking Federation on November 12 lifted here number of uncertainties: referral to the Ombudsman is open to all enterprises, whatever their size and their legal form, "since the situation of blockage in the relationship with its banks is reported by the company." In short, the only unilateral declaration triggers the mechanism. The Bank then has five days to gain access to the client's request.

In the event of refusal, the folder will be processed by mediation. The implementation structure consists of two levels: the files are first processed locally, by departmental mediators, which are departmental directors of the Bank of France, before addressing the credit Ombudsman. Records Act safeguards and the right of firms in difficulty are beyond its jurisdiction. Similarly, the Ombudsman must deal records individual companies that capture, what distinguishes her mission from that given to the prefects, responsible to ensure compliance with the national commitments made by banks in credit outstanding. Ombudsman of the credit, OSEO (the guarantee of banking competition), departmental committees to review of the financial difficulties of enterprises (Codefi), prefects... structures multiply, at the risk of interference and especially of violations, in public meetings of too large, the secrecy of the business.

The second question focuses on the powers of the Ombudsman of the credit and, in this context, on its ability to compel credit institutions. If the issue is critical, it is because the Ombudsman interventions take place in a pre-existing legal arsenal, which already deals with two key issues that any grant of credit: that the refusal of credit (way pretty); undue support (too much). The first hypothesis is that dreaded: too many banks overcautious leads to dry up credit and with him as the sustainability of companies. Already, the monetary and financial Code provides liability for failure or brutal interruption of credit to a company (art.) (L. 313-12), then that is not in a situation "irremediably compromised." But the Ombudsman has already obtained an important step forward here: banks come to commit to not reduce the overall envelope of the stocks for each of their clients, "unless exceptional circumstances justifying the and only after considering all the possible solutions for a restructuring of the debt, if necessary, with the company continuing Bank support.

For the latter, banks enjoy a very favourable responsibility system. Since the law of backup set of the responsibility of the banks for granting of credit to a firm in difficulty is outstanding. But station then that mediation can be seen as undue support instigator: the risk had also to be considered, since the above press release says that departmental mediators are committed "to never ask banks to interventions that would make them abnormal risk."

Thus established, the "moral Pact" is for most of the wishes of all those who are the supporters. For the time from the Act, from the judge and the right still, it works on trust. In short, the credit.