Ohada uniform act on commercial companies and economic interest groups pdf

More specifically, as regards the terms and conditions for the formation and functioning of commercial companies, this document summarizes the various changes stipulated in the revised uniform act. Impact of the uniform act relating to commercial companies and economic interest groups on reconstituting shareholders equity legal services, as stated in our previous newsletter, another important change in company law introduced by the uniform act relating to commercial companies and economic interest groups acte uniforme sur le droit. Theyshall also comply, as appropriate, withthe provisions of the uniform act with respect to theorganization and harmonization ofcorporateaccounting and the uniform act on commercial companies and the economic interest group. Natural persons or legal entities and economic interest groups formed or being formed on the date of entry into force of this uniform act, shall harmonize the terms of their business operations with the new legislation within a period of two years from the publication of this uniform act in the official journal. January 30, 2014 in ouagadougou burkina faso date of publication in the ohada official gazette. Commercial code book 2019 uniform commercial code article 1 california pdf ohada uniform act on commercial companies ohada uniform act on commercial companies and economic interest groups pdf ohada. The act now includes provisions for information technologies that contribute towards the smooth running of companies. Release of the official english translation of ohada. Commercial law in december 2010, ohada adopted on 30 january 2014 substantial amendments to its core corporations law, the uniform act relating to commercial companies and economic interest groups known as the auscgie, with almost two hundred new articles and some four hundred revised provisions. An introduction to business structures as contained in the revised uniform act relating to commercial companies and economic interest groups a renewed company law for the 17 ohada member states.

The first part of this uniform act covers relevant issues, from the formation and the functioning of. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette on 4 february 2014. Here, are available, in pdf and word files, templates of agreements of economic interest groups complying with the revised 2014 ohada uniform act on commercial companies and the economic interest group, in english. Complying with the revised 2014 ohada uniform act on commercial companies and the economic interest group here, are available, in pdf and word files, templates of articles of association of business structures complying with the revised 2014 ohada uniform act on commercial companies and the economic interest group, in english. A revised uniform act on commercial companies and economic interest groups the revised uniform act was adopted on 30 january 2014 by the ohada council of ministers. The object of thepresent treaty is to harmonise business law in the states parties by the elaboration and adoption of simple modern common rules adapted to their economies, by setting up appropriate judicial procedures, and promotingarbitration as a means of settlingcontractual disputes.

Formation, incorporation, management of companies under. Standard template of agreement of economic interest group with capital. Ohada uniform act relating to commercial companies and economic interest group 3 section 2 commitments made on behalf of the company under formation prior to its incorporation. Uniform act relating to commercial companies and economic interest group page 1 sur 372 nouvelles methodes sarl uniform act relating to commercial companies and economic interest group the council of ministers of the organization for the harmonization of business law in africa ohada.

Ohada uniform act on commercial companies ohada uniform act on commercial companies and economic interest groups pdf ohada uniform act on commercial companies and economic interest groups 2014 ohada uniform act on simplified recovery procedure uniform commercial code companies and other business structures in south africa commercial law anderson uniform commercial code uniform commercial. The revised ohada uniform act on security law africa. The amount of stated capital shall be freely setby the members. Organizing simplified recovery procedures and measures of execution. Translation subject to further correction december 2016.

The uniform act provides the operating rules for commercial companies and economic interest groups. The longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov. A commercial company shall be formed in the common interest of the members. After nearly ten years of negotiations within the ohada, a uniform act ua was approved on 15 december 2010 and published on 15 february 2011 in the ohada s official gazette ohada uniform act relating to cooperative companies law. General commercial law, commercial companies and economic interest groups, secured transactions law, debt resolution law, insolvency law, arbitration law, harmonization of corporate accounting, contracts for the carriage of goods, cooperatives companies law. Read pdf the revised ohada uniform act on security law africa. In particular, the uniform act on commercial companies, in its article 7441 recognised the principle of dematerialisation of securities. An introduction to business structures as contained in the. Having previously reformed the uniform acts for security interests, cooperative companies and general commercial law in december 2010, ohada adopted on 30 january 2014 substantial amendments to. Ohada introduces revised uniform act on commercial. Read online ohada uniform act relating to commercial companies and.

Article 14 the accounting books shall indicate the registration number in the register of commerce and securities. A revised companies code was adopted by ohada on 30 january 2014 the uniform act on commercial companies and economic interest groups. All of the contracting states to the treaty are subject to this act, which was revised on 30 january 2014. Following on from the 1993 treaty on the harmonization of business law in africa, the uniform act relating to commercial companies and economic interest groups was adopted on 17 april 1997. The rules regulating formation and activities of branch companies are provided by the uniform act on commercial companies and economic interest groups the act.

Section 3 commitments made on behalf of a fully formed company prior to its registration. The stated capital shall be divided into equity interests or shares according to the typeof the company. Any person, regardless of his nationality, wishing to engage in a commercial activity in a company located in the territory of one of the states parties, shall choose one of the types of company suitable for the projected activity, among the ones provided for in this uniform act. Uniform act on securities, enacted april 17, 1997, implemented january 1, 1998, and revised december 15, 2010. A revised version of the act was adopted on 20 january 2014 by the ohada council of ministers.

All books are in clear copy here, and all files are secure so dont worry about it. Ohada uniform act on commercial companies and economic interest groups 2014. In this regard, the general commercial law, the commercial companies and economic interest group law, the sureties law, the bankruptcy law and more recently, in november 2017, the ohada arbitration law have been modified by the ohada council of minister that has at the same occasion adopted a uniform act on mediation. Ohada uniform act relating to commercial companies and. This site is like a library, you could find million book here by using search box in the header. It constitutes the commercial corporate law for all member states since january 1, 2000. Uniform act on commercial companies and economic interest groups, enacted april 17, 1997 and implemented january 1, 1998. Uniform act on collective proceedings for the clearing of debts, enacted april 10. This innovation is far more important that that caused by the adoption of the european regulation. Uniform act on commercial companies and economic interest groupings print. Articles of association of ohada business companies and.

Corporate issues are therefore regulated in the drc by the ohada uniform act on commercial companies and economic interest groups hereinafter referred as the uniform act and supersedes all contradictory provisions of national regulation. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette. Uniform act relating to commercial companies and economic group partnerships. Ohada uniform act on commercial companies and economic interest groups pdf. Ohada, which was created by a 1993 treaty, comprises 17 member states,1 and its uniform acts are directly applicable in each member state, with the aim of achieving legal harmonisation across member states. A revised uniform companies code for the 17 african. Uaccleig uniform act related to the commercial companies and economic interest groups uagcl uniform act on the general commercial law uasl uniform act related to the security law. A commercial company may also be formed, as provided by this uniform act, by a single person.

Uniform act relating to general commercial law page 8 sur 125 nouvelles methodes sarl companies and economic interest groups and the uniform act relating to the organization and harmonization of business accounting. Revised uniform act on companies global legal monitor. The usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement continue reading. December 15, 2010 in lome togodate of publication in the ohada official.

Article 1any merchant, natural person or legal entity including all commercial companies in which a state or any other entity governed by public law is associated, as well as any. Compilation of treaties and uniform acts official translation. Companies with more than 100 shareholders are required to use ifrs standards, even if their securities do not trade in a public market according to ohada s uniform act relating to commercial companies and the economic interest group. An introduction to business structures as contained in the revised uniform act relating to commercial companies and economic interest groups. Ohada uniform act relating to general commercial law. The uniform act on commercial companies and economic interest groups the uniform act on commercial companies, as revised on 30 january 2014 brought about substantial changes to securities law. They shall also comply, as appropriate, with the provisions of the uniform act with respect to the organization and harmonization of corporate accounting and the uniform act on commercial companies and the economic interest group. Commercial code article 1 california pdf uniform commercial code book 2019 ohada uniform act on commercial companies ohada uniform act on commercial companies and economic interest groups pdf ohada uniform act on. Ohada uniform act on commercial companies and economic interest. Article 1 every trader, be he a natural or legal person including all commercial companies of which a state or a person governed by public law is a member, as well as every economic interest. The revised code adds tailwind to a fast developing market and further incentivizes investors, including private equity investors, to enter the dynamic african markets.

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