OHADA Law
Our firm advises clients on OHADA law and Cameroonian law.
Through its 10 Uniform Acts, OHADA law provides a harmonised legal framework for commercial law, ensuring greater legal certainty within member states, which in turn contributes to the growth of investment across the African continent. Against the backdrop of projects in Africa being developed with funding from foreign investors or the African diaspora, this framework meets the needs of economic actors for stability and confidence.
Whether they are institutional or private investors, operators active within the OHADA region benefit from greater legal certainty when structuring and conducting their business in Africa.
Company law
The incorporation, governance and operations affecting the life of companies in OHADA member states are regulated and harmonised by the Uniform Act on Commercial Companies and the Economic Interest Group.
Our firm assists companies, investors and executives with company formation, the drafting of articles of association and corporate documents, as well as with capital transactions (transfer of shares, capital increases or reductions, and restructuring).
We also assist our clients with corporate governance and the management of disputes between shareholders or involving corporate bodies, in order to secure their operations and investments.
Commercial law
Commercial law within the OHADA region is governed by the Uniform act on general commercial law, which regulates the trade activities in member states.
We assist businesses and investors in establishing their commercial activities in Africa, particularly with regard to structuring their operations and drafting and securing commercial contracts.
We also assist clients in implementing dispute prevention measures to protect your business relationships and investments, as well as in the management of commercial disputes.
Insolvency law
The management of corporate insolvency is harmonised within the OHADA region. The Uniform act on the organisation of collective procedures for the discharge of liabilities provides a framework for the prevention and resolution of corporate difficulties.
Our firm supports directors, companies and creditors in anticipating and managing corporate insolvency, particularly in the context of preventive proceedings, as well as in the context of insolvency proceedings such as judicial receivership or judicial liquidation.
We also act to assist and represent you in litigation relating to insolvency proceedings.
Enforcement procedures
The enforcement of court judgments has been simplified by the Uniform act on the organisation of simplified debt recovery procedures and enforcement measures, which establishes a harmonised framework for debt recovery and the enforcement of court judgments within the OHADA region.
We assist you in implementing the debt recovery procedures provided for by this Uniform Act, in particular payment orders and various enforcement measures such as seizures.
We also support our clients in challenging or defending against such measures before the competent courts.
Security interests
The creation, enforcement and challenge of security mechanisms such as guarantees, pledges, mortgages and charges within the OHADA region are governed by the Uniform act on the organisation of security interests.
We assist companies, financial institutions and investors in structuring, drafting and implementing security interests in accordance with the provisions of this Uniform Act.
We also assist with the enforcement and challenge of security interests, as well as in related litigation, in order to protect financing transactions and ensure the protection of our clients’ interests within the OHADA area.
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