Unofficial translaction
ARTICLE 60- Any natural person under the obligation to register in the Register of Commerce
and Securitieswho did not apply within the prescribed deadline shall not assume the status
ofmerchant until he registers, when such status is required.
Any legal entity under the obligation to register in the Register of Commerce and
Securitieswhich did not apply within the prescribed deadline shall not assume the legal
personality until its registration.
However, both shall not raise their registration failure in the Register of Commerce and
Securities to avoid responsibilities and obligations inherent in this capacity.
ARTICLE 61–In carrying out his activities, any natural person under the obligation to register in
the Register of Commerce and Securitiesshall notassert acts and instruments subject to
registration against third parties and public administrations unless they have been published at
the Register of Commerce and Securities. However, third parties and public administrations may
rely on such acts and instruments.
This provision shall not be applicable if the individual required to register establishes that at the
time they were processed, thethird parties oradministrations had knowledge of the instruments
andactsin question.
TITLE III: DECLARATION OF ACTIVITY OF ENTREPENEURS IN THE REGISTER
OF COMMERCE AND SECURITIES
ARTICLE 62- Entrepreneurs shall declare their activity using the form provided for in article
39 above, free of charge, at the clerk of the competent court or the competent body in the State
party, in the jurisdiction where they conduct their activities. They shall provide the following
particulars:
1) full names;
2) address of the business;
3) description of the activity;
4) proof of identity;
5) If necessary, proof of matrimonial regime.
Upon receipt of the duly completed declaration of activity form and supporting documents
provided for by this Uniform Act, the court clerk or the person in charge of the competent body
inthe Stateparty shallissueto thedeclarantaregistration receipt that statesthe date of completion of
the registration and the number of the declaration ofactivity.
OHADA / Uniform Act / Unofficial Translations
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