Unofficial translaction
ARTICLE 135– The enterpriseshall consist of a set of resources that allow the merchant to
attract and retain customers.
ARTICLE 136– The enterprise shall comprise the customers and the brandor the customers
and the trade name, without prejudice to cumulating customers with the brand and trade name.
ARTICLE 137– The enterprise can consist of different movable, tangible and intangible
elements, including the following:
-
facilities;
-
facilities and fixtures;
-
equipment;
-
furniture;
-
goods in stock;
-
right to lease;
-
operating licenses;
-
Patents, brand names and trademarks, drawings and models, and any other intellectual
property right necessary tothe operation.
CHAPTER II: ENTERPRISE MODUS OPERANDI
ARTICLE 138– The enterprise may be exploited directly or under a lease management
agreement.
Direct exploitation may be the act of a merchant, even if he is entrepreneur, or a commercial
company.
The lease management is an agreement whereby the owner of the enterprise, natural person or
legal entity, concedes the lease, in his capacity as a lessor to a natural personor legal entity,a
lessee-manager,who operatesfor his own account. The entrepreneurshall not be party to a lease
management agreement.
The lessee-manager shall pay the lessorrent corresponding to the fee payable for occupancy of
the premises, and rent for the enjoyment of tangible and intangible assets of the enterprise as
described in the lease management agreement. These two rent components shall be necessarily
determined separately in the lease management agreement, even if they are on the same dates.
In agreement with the lessor of the premises, the lessee-manager may be exempted from paying
OHADA / Uniform Act / Unofficial Translations
P. - 47 - of 78