Unofficial translaction
with a commercial activity.
ARTICLE 10– Noone shall carry out a commercial activity, directly or through an
intermediary, if subject to:
-
a general, permanent or temporary ban imposed by a court of one of the States parties,
such prohibition having been pronounced asthe principal or ancillaryjudgement;
-
abanpronouncedbyaprofessional regulator; inthiscase,the banshall only apply to the
commercial activity concerned;
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Ban as a consequence of a final judgement with incarcerationforacrime governed by
common law,ortoasentencewithat least threemonthsimprisonment without parole for a
misdemeanor againstproperty,oran economic or financial offense.
ARTICLE 11- Temporary ban for a period exceeding five years, as well as the outright ban,
may be lifted by the court which pronounced it at the request of thebanned party.
Such request shall be admissible only after the expiry of a period of five (5) years from the day
on which the decision imposing the ban became final.
Rehabilitation shall end the ban undertheconditionsandformsprescribed by the Uniform Act on
Collective Insolvency Proceedings.
ARTICLE 12-Withoutprejudice to other sanctions,actsmadebya banned partyshall not be
enforceableagainst third parties of goodfaith.
Good faith isalways presumed.
However, such acts shall be enforceable againstthe banned party.
CHAPTER III: ACCOUNTINGREQUIREMENTS FORMERCHANTS
ARTICLE 13-Allmerchants, natural persons or legal entities, shall keep all accountingbooks in
accordance with the provisions of the Uniform Act with respect to the organization and
harmonization of corporate accounting.
Theyshall also comply, as appropriate, withthe provisions of the Uniform Act with respect to
theorganization and harmonization ofcorporateaccounting and the Uniform Act on commercial
companies and the economic interest group.
ARTICLE 14-The accountingbooks shallindicate the registration number in the Register of
Commerce and Securities.
OHADA / Uniform Act / Unofficial Translations
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