Unofficial translaction
TITLE I: STATUS OF MERCHANT
CHAPTER I: DEFINITION OF MERCHANT AND COMMERCIAL ACTS
ARTICLE 2–Merchants areindividuals who carry out commercial acts and make this their usual
profession.
ARTICLE 3- The commercial act by nature is an act by which a person engages in the
movement of goods that he produces or purchases or an act by which he provides services with
the intent to make a monetary profit. The following represent commercial acts by nature:
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purchase of goods, personal or realproperty for the purpose of resale;
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banking, stock exchange, insurance and transit operations;
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contracts between merchants for the purposes of their trade;
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ndustrial mining operations,exploitation of quarries and any deposits of natural resources;
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furniture rental operations;
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manufacture, transport and telecommunications operations;
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theoperationsofcommercial intermediaries,suchas commission agents,brokerage, agency,
as well as the operations of intermediaries for the purchase, subscription, sale or rental,
of real estate, enterprisees, or shares or equity interestsof commercial or property
companies;
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Acts performed by commercial companies.
ARTICLE 4–The following constitutecommercial acts by their form:bills of exchange,
promissory notes and warrants.
ARTICLE 5–Commercial acts maybe proven by any means even electronicallyas
betweenmerchants.
Any commencement of proof in writing shall enable themerchant to prove by any means against
a non-merchant.
Accounting books kept in accordance with the provisions of this Uniform Act shall be admitted
by the judge as evidence under the conditions set forth above.
OHADA / Uniform Act / Unofficial Translations
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