Since 1984, the French legal system has aimed to address business challenges early, based on the principle that early information leads to more amicable solutions. However, the 2026 Social Security Financing Law has changed this process. It removes the public listing of companies that are behind on their social security contributions, which previously allowed third parties to identify such businesses. Instead, this information is now sent directly to the president of the commercial court. Despite these changes, business failures remain high, with the Bank of France recording 68,564 business failures over twelve months as of December 31, 2025, and 70,605 as of July 31, 2026, which is 19% higher than the average from 2010 to 2019. Law No. 2025-1403 of December 30, 2025, introduced Article L115-10 into the Social Security Code, which came into effect on July 1, 2026. This article requires recovery organizations and agricultural mutual insurance funds to send information about a company’s outstanding contributions directly to the president of the commercial court or the competent judicial court when the amount exceeds a certain threshold. However, the exact threshold and the frequency of these transmissions have not yet been set, as the required decree has not been published in the Official Journal as of October 5, 2026. This means the law is in effect, but its implementation remains uncertain. The same law also removed the first five paragraphs of Article L243-5 of the Social Security Code, which previously allowed the registration of companies that were behind on their contributions. This change was proposed by the government, but the Senate expressed concerns that it would deprive courts of important information for early intervention. The National Assembly later restored the obligation of transmission in a revised version of the law. Meanwhile, since January 1, 2025, twelve economic activity courts have been testing expanded powers to handle business prevention and collective procedures, which were further defined in a 2023 law. Article L115-10 of the Social Security Code allows for a new flow of information to the court before any formal procedures are initiated. Previously, the court would need to request information after summoning a company’s managers, but now the information is sent directly. However, this does not give the court new powers to start a collective procedure, as the Constitutional Council previously ruled against such powers due to concerns about impartiality. The information is intended to support the court in preparing for any potential interviews with company managers, but it does not replace the need for a formal request to open a procedure. The confidentiality of information related to amicable procedures, such as ad hoc mandates or conciliation, remains protected under the law. The Court has ruled that public disclosure of such information without a clear public interest is illegal. However, the information sent by social security organizations is not covered by these confidentiality rules, as it is transmitted to a magistrate who is bound by secrecy. The exact use of this information—such as how it is stored or whether it can be shared with the debtor—remains unclear and depends on the implementing decree. Businesses are advised to keep detailed records of their social liabilities, including disputed claims and payment schedules, to provide accurate information to the court. If difficulties are detected or anticipated, companies should consider initiating an ad hoc mandate or conciliation before the court is alerted. These procedures can still be pursued as long as the company has not stopped making payments for more than forty-five days. If a company does stop making payments, it must request a collective procedure within forty-five days, unless it has already initiated a conciliation. The removal of the public listing of companies with outstanding contributions has made it harder for third parties to assess a business’s financial health. Instead, companies must now rely on vigilance certificates, which confirm that a business is up to date with its obligations or has a debt clearance plan. These certificates are required for contracts over 5,000 euros and are now the primary way to verify a business’s social status. In asset or share transfers, the buyer must request an audit of the seller’s social liability, as the registry no longer provides this information. Businesses should also prepare for the possibility of being summoned by the court and maintain a file that outlines the reasons for any debt and the steps taken to address it. This can change the nature of the interview from a potential threat to a constructive discussion. Monitoring the publication of the implementing decree, which will set the threshold for information transmission and clarify the procedures for economic activity courts, is also crucial for compliance.