Unofficial translaction
Where appropriate, the individual fileshall be supplemented by subsequent entries and their
supporting documents attached as prescribed bythearticles above or special texts.
ARTICLE 38– The Register of Commerce and Securities, in order to perform the tasks set
forth in article 35, 6 °), 7 °), 8 °), 9 °) and 10 °) above, shall include:
1) Achronological registeroffilings indicatingthe filing oftheapplicationfor registration of
security interests, for amendment, renewal or removal of the original entry with the date and
number of arrival for each application received.
The chronological register of filings shall also indicate the filing of the application for
registration and termination of financing leases.
Thechronological register of filings shall, inaddition, indicateinformationcontained in the form
used for the application for registration provided for in Article 53 (a) and (b) of the Uniform
Act on securities interests.
2) An alphabetical directory of individualsgranting or sustainingsecurity interests and
financing lessees with reference to each of them, by security and financing
lease,ofentries,amendments,renewalsandremovals, all in chronological order.
3) An individual file for each person, natural or legal entity, merchant or non-merchant,
registered or not registered in the State party, granting or sustaining security interests
subject to registration, or any financing lessee. The personal file shall include the form used
to apply for registration as well as the form used for any other application in relation with
the security interests.
ARTICLE39-All declarationsofentrepreneursorregistration applications shall be made on a
form supplied for this purpose by the clerk or the competent body in the State party, except in
case of use of electronic means.
Theapplication shall be signed, as the case may be,bythedeclarant,theapplicantor his agent
whomust prove his identityand, unless heisa lawyer, a licensed professional,bailiff, notary or
trustee, heshall bring with him a signed power of attorney of the declarant or the applicant.
The duly completed form shall be kept by the clerk or by the person in charge of the competent
body in the State party.
The clerk or the person in charge of the competent body in the State party shall immediately
issue to the declarant or the applicant a registration receipt stating the date, the nature of the
formality completed and, as the case may be, the number of the declaration of activity or the
registration number.
A copy of this form with the personal file consisting of supporting documents certified true
shall be sentwithin one month by the clerk or the person in charge at the competent body tothe
OHADA / Uniform Act / Unofficial Translations
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