Innovations to the Act in late 2015 seek to modernize and simplify collective proceedings in OHADA member states.
On 10 September 2015 in Grand-Bassam (Republic of Côte d’Ivoire), the Organization for the Harmonization of Business Law in Africa (OHADA)[1] proceeded with the adoption, by the Council of Ministers of OHADA, of a new Uniform Act organizing collective proceedings for debt forgiveness (procédures collectives d’apurement du passif (AUPC)).
The new Act, in sum, tends to improve the speed and efficiency of collective proceedings and to encourage the continuation of sustainable businesses and substantial payments to creditors. It is therefore likely to promote the development of credit as well as encourage private sector growth in the countries of the OHADA area. The Act is intended to constitute a lever for access by companies to better funding, the preservation and creation of employment, and the promotion of economic growth in the OHADA member states.
Published in the Official Gazette of the OHADA on 25 September 2015, the new text entered into force on 24 December 2015 is directly applicable in each member state, and prevails over national laws in cases of conflict.
The main innovations introduced by the AUPC concern
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[1] Benin, Burkina Faso, Cameroon, Central African Republic, the Comoros, the Republic of Congo, the Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad, Togo, the Democratic Republic of Congo.