Unofficial translaction
The Council of Ministers of the Organization for the Harmonizationin Africa of BusinessLaw
(OHADA);
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Having regard tothe Treaty on the Harmonization in Africa of BusinessLaw, signed in Port
Louis on October 17, 1993, as revised in Quebec on October 17, 2008, particularly in
articles 2, 5 and 10 and 12;
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Having regard tothe report of the Office of the Permanent Secretary and the comments of
States Parties;
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Having regard to Notice No. 001/2010 dated June 30, 2010 of the Common Court of Justice
and Arbitration;
After deliberations, States Parties present and voting unanimously adopt the Uniform Act
worded as follows:
PRELIMINARY CHAPTER: SCOPE
ARTICLE 1–Any merchant, natural person or legal entity including all commercial companies
in which a State or any other entity governed by public law is associated, as well as any
economic interestgroups ,whoseestablishmentor registered
officeislocatedontheterritoryofoneofStatesparty to theTreatyon the Harmonization in Africa of
BusinessLaw, hereinafter referred to as “States Parties”, shall be governed by the provisions of
this Uniform Act.
Individuals who have opted for the status of entrepreneur shall also be governed by this
Uniform Act under the conditions defined hereinafter, except where otherwise provided.
Furthermore, any merchantor any entrepreneurshall remain subject to the laws not contraryto
this Uniform Actthatareapplicableinthe Statepartywhereislocatedhis establishment or registered
office.
Natural persons or legal entities and economic interest groups formed or being formed on the
date of entry into force of this Uniform Act, shallharmonize the terms of their
businessoperations with the new legislation within a period of two years from the publication of
this Uniform Act in the Official Journal.
Passed this deadline, any interested partymay file a motion with the competent court so as to
order compliance with suchlegislation, , where necessary,under a penalty.
BOOK I
STATUS OF MERCHANT AND ENTREPRENEUR
OHADA / Uniform Act / Unofficial Translations
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