Unofficial translaction
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legally incapacitated individuals, with regard to the enterprisewhich they owned before
they become legally incapacitated;
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to heirs or legatees of a deceased merchant, with regard to the enterprise operatedby the
latter;
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Court officers overseeing, in some capacity, the administrationof anenterprise, provided
that they have been authorized by the competent court and that they have satisfied
allpublicity requirements.
ARTICLE144-Thedebtsofthe lessorarising from theenterprise operation may be
declaredimmediatelypayablebythecompetent court ifitholdsthatthelease management is
jeopardizing their collection.
The action shall be brought by any interested party, under penalty of foreclosure,withina period
ofthreemonths from the date of the publication of the lease management agreement pursuant to
Article 139 of this Uniform Act.
ARTICLE 145-Until the publication of the lease management agreement, the owner of
theenterprise shall be jointly and severally liable for the debts of the lessee-manager arising
from the enterprise operation in lease management.
ARTICLE 146– The regular or anticipated expiry of the lease management agreementshall
make the debts contracted immediatelypayablebythelessee-managerofthe enterpriseduring his
management.
CHAPTER III: ASSIGNMENT OF THEENTERPRISE
ARTICLE 147-Assignment of the enterprise shall comply with the general rules of sale subject
to the following provisionsandthosespecificto some enterprise activities.
ARTICLE 148-The assignment of the enterprise shall necessarily relate toitems listed in article
136 of this uniform Act.
Absent a simultaneous assignment of the above mentioned items, the assignment of other items,
such as those listed in article 137 above, shall remain possible, but does not entail assignment of
the enterprise,irrespective of theprovisionsagreedupon in the assignment deed.
ARTICLE 149– The sale of anenterprisemay be realized either by private deed or notarial
deed.
The provisions of this Chapter shall govern any deed recording an assignmentof enterprise,
even conditionally consented, including in the case of contribution of aenterpriseto a company.
OHADA / Uniform Act / Unofficial Translations
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