Memo_ Specific Provisions for Certain Types of Pledges The Uniform Act on Securities (UA-OS) regulates the regime of pledges in OHADA law. Some rules are applicable regardless of the specific movable property being pledged[1] , while others are specific to certain types of assets, including debts and bank accounts (I), shareholders’ rights, securities, and financial […]
Memo_ Common Provisions on Mortgages in OHADA Law The Uniform Act Organising Securities (UA-OS) defines a mortgage as “the allocation of a specific or determinable property belonging to the constituent as security for one or more claims, whether present or future, provided that they are specific or determinable. It can be legal, conventional, or judicial.[1].” […]
Memo_ The Different Sources of Mortgages in OHADA Law The Uniform Act Organising Securities (UA-OS) regulates the sources of mortgages, whether they are of conventional, judicial, or legal origin. Unless otherwise specified, the rules applicable to conventional mortgages (I) also apply to forcible mortgages (II)[1]. I – Conventional Mortgages The validity of conventional mortgages is […]
Memo_ Distribution of Funds and Classification of SecuritiesThe Uniform Act Organising Securities (UA-OS) organises the distribution of proceeds and the classification of securities. The procedure for the distribution shall be determined by the rules governing the means of enforcement, subject to the following provisions concerning the distribution order[1].When the latter come from the realisation of […]
