Unofficial translaction
State party shall be made before the competent court or competent authority in the State
partyruling expeditiously. Thedecisionofthecompetent court orthe competent body in the State
party shall be subject to appeal, within a period of fifteen (15) days from the date of the
decision, to the competent court of appeal acting in the samemanner.
The procedure described above shall apply to disputes between persons under obligation to
register or declarants and the court clerk or the person in charge of the competent body in the
State party, andbetweenthethird partyandtheclerkortheperson in charge of the competentbody
inthe Stateparty.
ARTICLE 67-Disputes relating to security interests and liens shall be governed by the
provisions of the Uniform Act onsecurities interests.
The provisions of articles 66, 68 and 69 hereinafter shall govern disputes relating to contracts
for the leasing of an on-going enterprise.
ARTICLE 68– Failure by a person under the obligation to complete a formality prescribed in
this Uniform Act to request it within the prescribed deadline, the competent court or authority
in the State party, ruling expeditiously, may, either ex officio, or at the request of the clerk or
the competent body in the State party overseeing the Register of Commerce and Securities, or
of any other applicant, take a decision enjoining the person concerned to carry out the formality
in question.
Under the same conditions, the competent court or competent body in the State party may
enjoin any natural person or legal entity registered in the Register of Commerce and Securities
tohave them proceed with:
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either the completion of omitted supplementary or corrective entries;
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or the completion of necessary entries or corrections in case of inaccurate or incomplete
declaration;
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Or to proceed with removal.
ARTICLE 69- Any person who is required to complete the formalities prescribed in this
uniform Act, butwho has failed to do so, or even completed a fraudulent formality, shall incur
sanctions pursuant to national criminal law, or where necessary, shall be punished under the
special criminal lawapplicable in the State party pursuant to this uniform Act.
If possible,the court that pronounces the sentenceshall orderthecorrectionofthe inaccurate entries.
TITLE V: SPECIAL PROVISIONS
ARTICLE 70-Each State party may designate a Register of Commerce and Securities as the
OHADA / Uniform Act / Unofficial Translations
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