Unofficial translaction
rent directly at each due dateor the enjoyment of the premises.
ARTICLE 139– The lessee-manager shall be a merchant, and shall be subject to all obligations
arising therefrom.
He must comply with the provisions regulating registration in the Register of Commerce and
Securities.
Every lease management agreement shall be registered, in addition to being published by the
more diligent party and at the expense of the lessee-manager within fifteen days of its date, in
the form of an extract in a newspaper empowered to publish legal notices and circulating where
the enterprise is registered in the Register of Commerce and Securities.
The owner of the enterprise, if he is a merchant, is required to pay for the change to his
registration in the Register of Commerce and Securities by stating the lease management of his
enterprise.
The expiry of the expected or anticipated term of the lease management agreementshall entail
the same measures of publicity at the expense of the lessee-manager.
ARTICLE 140-The lessee-manager is required to indicate at the top of his purchase orders,
invoices and other financial and commercial documents his registration number in the Register
of Commerce and Securities and his status of lessee-manager of theenterprise.
Any breach to this provision shall be punishable under the national criminal law.
ARTICLE 141- The natural person or legal entity, who leases aenterprise, must have operated
the enterprise devoted to lease management for two years at least as a merchant.
However, he shall not lease aenterprise toindividuals bannedor denied the right to exercise a
commercial profession.
ARTICLE 142- The time limit prescribed in the foregoing may be reduced, without being less
than a year, by the competent court, especially when the natural person or the legal entity
established that he and his workers were unable to personally operate the enterprise.
ARTICLE 143- Conditions set in Article 141 above shall not apply to:
-
the State;
-
local communities;
-
public institutions;
OHADA / Uniform Act / Unofficial Translations
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