Memo_ The Entrepreneur in OHADA Law One of the important changes of the Uniform Act on General Commercial Law (UA-GCL) in its amended version of 2010 is the introduction of the status of the entrepreneur (I) and the list of his obligations (II). I_ The status of the entrepreneur Article 30 UA-GCL defines the entrepreneur […]
Memo _ The obligations of the parties to the sales contract under OHADA lawOnce the sales contract has been signed[1], the Uniform Act on General Commercial Law (UA-GCL) deals with the commercial relationship between the parties, both the seller (I) and the buyer (II).I_ The contract of sale considered from the seller’s point of viewThe seller is […]
Memo_ The Sales Contract in OHADA LawThe Uniform Act on General Commercial Law (UA-GCL) establishes a supplementary regime for contracts for the sale of goods between traders, whether they are natural or legal persons who have the seat of their activity in a Member State or when the rules of private international law lead to the application […]
The Merchant in OHADA Law The Uniform Act on General Commercial Law (UA-CGL), which entered into force on May 15th 2011, applies to any merchant (natural or legal person) established on the territory of one of the member states of the OHADA area, habitually carrying out commercial activities related to their profession. The Act also […]
Memo_ The Enterprise in OHADA LawThe Uniform Act on General Commercial Law (UA-GCL) regulates the operation (I) as well as the transfer (II) of an entreprise under OHADA law.I_ Modes of Operation of an EntrepriseAn entreprise can be operated directly by the merchant (A) or be subject to a lease management (B).A_ Direct Operation of […]
Memo_ The specific provisions regarding certain trade intermediaries in OHADA lawThe Uniform Act on General Commercial Law (UA-GCL) organizes the regime of trade intermediaries by establishing not only the general framework but also highlighting the specific characteristics of certain trade intermediaries operating within the OHADA zone. The Act makes a distinction between intermediaries who remain […]
Memo_ Presentation of commercial intermediaries in OHADA law The Uniform Act relating to General Commercial Law (UA-GCL) organizes the regime of commercial intermediaries in OHADA law by first defining the scope of their prerogatives (I) as well as the legal consequences of their actions (II). I – The scope of the prerogatives of commercial intermediaries OHADA […]
Memo _ The Lease for Professional Use in OHADA LawThe Uniform Act relating to General Commercial Law (UA-GCL), organizes the regime of the commercial lease when the building or premises is intended for commercial, industrial, artisanal or any other professional use[1], or when it is an accessory to a premises or building having one of […]
Memo_Computerisation of Services in OHADA Law The Uniform Act relating to General Commercial Law (UA-GCL) in its amended version of 2010 added a book on the computerization of the Register of Commerce and Securities (RCS), the national and regional registers. These provisions shall apply to the formalities or requests provided for in that uniform act, […]
Memo _ File Keeping in OHADA LawThe Uniform Act relating to General Commercial Law (UA-GCL) deals with the question of the Register of Commerce and Securities (RCS) and its organization. In so far as the RCSs are maintained by the registries or territorially competent bodies in the 17 countries that make up the zone, the […]
Memo _ The Presentation of the Register of Commerce and Securities in OHADA Law OHADA law mentions the Register of Commerce and Securities (RCS) in a large part of the Uniform Acts[1]. However, it is in the Uniform Act on General Commercial Law (AU-GCL) that the OHADA legislator decided to present it both as regards […]
Memo _ Registration in the Register of Commerce and SecuritiesThe Uniform Act on General Commercial Law (UA-GCL) organizes the regime of registration in the Register of Commerce and Securities (RCS), held by the registry of the competent court or the competent authority in a given State party. A national registry consolidates the information entered in […]
