Download citation conformity of goods to the contract of sale under the ohada uniform act on general commercial law this article primarily deals with the. Conakry 12 and june 2017 and dakar 1516 june 2017 after abidjan in cote divoire, conakry and dakar, capital cities of the republics of guinea and senegal respectively, will soon host a seminar on the arbitration system of the common court of justice and arbitration of ohada ccjaohada. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette on 4 february 2014. The most critical tool for legal integration is the uniform act. The uniform act relating to general commercial law, adopted on 15 december 2010. The institutional nature of the company in the compensation scheme for corporate managers under ohada law. The usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement continue reading release of the. Ohada uniform act relating to commercial companies and economic interest group 9 section 2 rights of the auditor chapter 4 liability of the auditor chapter 5 temporary or permanent impediment of the auditor.
Contribution of the hague principles on choice of law in. New ohada uniform act streamlines collective insolvency. Cheick sako, minister of justice, keeper of the seals outgoing chairman of the council of. Although this concept of nationality was outlined in the original 1997 treaty, certain implicit provisions that were ambiguous have now been explicitly outlined or reformulated in the uniform act. Where the agent acts for the benefit of creditors of the secured debt or debts, he shall so expressly state and every registration of a security done in the course of. Release of the official english translation of ohada. Ohada, considering the treaty for the harmonization of business law in africa, in particular article s 2, 5 to 12 thereof. Cheick sako, minister of justice, keeper of the seals outgoing chairman of the council of ministers to gabon represented by h. On tuesday, 30 january 2018, at hotel radisson, libreville gabon, the handing over ceremony of ohadas council of ministers chairmanship from guinea, represented by h.
Juriafrica is the portal of african law and a property of african law reports llc, a company registered in the state of new york usa. This second edition tracks regulatory reforms since 2011 in five doing business indicator areas covered by the ohada uniform acts and regulationsstarting a business, getting credit, protecting minority investors, enforcing contracts and resolving insolvency. 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 ohadas official gazette ohada uniform act relating to cooperative companies law. The longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov. The act now includes provisions for information technologies that contribute towards the smooth running of. With more than 1,200 pages, the special edition devoted to the publication of this important instrument also contains the revised ohada accounting system. Ohada includes 17 member states member state of west and central africa, almost all of which. Juriafrica aims to contribute to the economic and social development of the continent through the dissemination of lawrelated research, analyzes, publications and information on africa. The ohada organisation pour lharmonisation en afrique du droit des affaires treaty is one of the legal reforms in africa aimed at promoting a stable business environment and the expeditious resolution of disputes, by harmonising commercial law within its seventeen 17 member states with a set of uniform acts. 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. On 10 september 2015 in grandbassam republic of cote divoire, the organization for the harmonization of business law in africa ohada proceeded with the adoption, by the council of ministers of ohada, of a new uniform act organizing collective proceedings for debt. Feb 24, 2014 legal integration in francophone africa results in particular from the uniform acts adopted by the organization for the harmonization of business law in africa ohada, established by the treaty signed in port louis mauritius on 17 october 1993 as amended in quebec on 17 october 2008. Revised uniform act on companies global legal monitor.
The new ohada uniform act on security legal integration in francophone africa results in particular from the uniform acts adopted by the organization for the harmonization of business law in africa ohada, established by the treaty signed in port louis mauritius in 1993, entered into force in september 1995. Section 3 commitments made on behalf of a fully formed company prior to its registration. This innovation is far more important that that caused by the adoption of the european regulation. Security concerns in the ohada reform through the september 10th 2015 collective proceedings act. Organization for the harmonization of business law in africa ohada. With the entry into force of the african continental free trade area, a flagship project of the african union on 7 july, the continent has established itself as the largest integrated free trade area in the world after the world trade organization. Apr 11, 2019 the council of ministers, made up of the ministers in charge of justice and those in charge of finance of the contracting states. Uniform act organizing and harmonizing the undertakings accounts in ohada member countries. Ohada has prepared the preliminary draft of the uniform act on the. Abstention shall not prevent the adoption of the uniform acts. Release of the official english translation of ohada treaty. Organization for the harmonization of business law in africa. Dec 21, 2016 the longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov.
The uniform act on commercial law in general creates too many obstacles for individuals and for companies on the way to start a new business. Publication of a new uniform act on accounting law. Ohada is a system of corporate law and implementing institutions adopted by seventeen west and central african nations in 1993 in port louis, mauritius. Uniform act relating to the transportation of goods by road. 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. Pursuant to article 10 of the ohada treaty, uniform acts are and branches set up after. The author examines the difficulties in implementing some of ohada uniform acts in the informal sector. Ohada uniform act relating to commercial companies and. Innovations to the act in late 2015 seek to modernize and simplify collective proceedings in ohada member states. The solution to enable an easy settingup of your ohada business structure with your non englishspeaking partners, efficiently, securely and with an optimized timingplanning click here for additional information. Ohada is the acronym for the french organisation pour lharmonisation en afrique du droit des affaires, which translates into english as organisation for the harmonisation of corporate law in africa.
November 23, 2017 in conakry guinea date of publication in the official journal of. Energy, infrastructure and project finance february 2014 the new ohada uniform act in a nutshell legal integration in francophone africa results in particular from the uniform acts adopted. The ohada uniform act on accounting law and financial reporting uaafr, adopted by the council of ministers of ohada on january 26, 2017 in brazzaville congo, was published in the official gazette of the organization on february 15, 2017. Legal integration in francophone africa results in particular from the uniform acts adopted by the organization for the harmonization of business law in africa ohada, established by the treaty signed in port louis mauritius on 17 october 1993 as amended in quebec on 17 october 2008. This is the legislative body of ohada, it adopts the regulations including the new common business law called uniform acts. This webpage gives brief summaries of various uniform acts adopted by the. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties. This second edition tracks regulatory reforms since 2011 in five doing business indicator areas covered by the ohada uniform acts and regulationsstarting a business, getting credit, protecting minority investors. Ohada includes 17 member states member state of west and. Article 9 uniform acts shall enterinto force ninety days from the date of adoption, subject to contrary provisions in a particular uniform act the uniform acts shall be enforceable within thirty clear days followingtheir publication in the ohada official gazette. The main uniform acts are currently under revision and two amended uniform acts relating respectively to general commercial law and to security interests have been adopted on 15 december 2010.
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