The organization for harmonization of business law in africa, known as ohada hereinafter the organization was created by the treaty signed in port louis mauritius on 17 october 1993, as amended in quebec canada on 17 october 2008 hereinafter the ohada. The wider objective of ohada is to attract foreign investment into the ohada zone and to achieve economic integration in africa as whole, as other african countries join ohada. The entirety of ohada regulations and most of the case law and doctrine are available on the site. This website is dedicated to the ohada business legal environment. Article 1 every trader, be he a natural or legal person including all commercial companies of which a state or a person governed by public law is a. Ohada is the french acronym for the organisation for the harmonisation of business law in africa lorganisation pour lharmonisation en afrique du droit des affaires. The doing business project, launched in 2002, looks at domestic small and mediumsize companies and measures the regulations applying to them through their. Ohada amended treaty on the harmonization of business law in africa 2 hereby agree as follows. Ohada uniform act relating to commercial companies and. Having regard tothe treaty on the harmonization in africa of businesslaw, signed in port.
Its function is to provide quantitative information, primarily financial in nature, about economic entities that is intended to be useful in making economic decisions in making reasoned choices among alternative. Africa ohada is to modernize and harmonize the business laws of member states. Security law is an essential piece of legislation providing for various guarantees protecting creditors by securing the enforcement of the debtors obligations. Ohada, uniform act relating to general commercial law translex. Until recently, most african states suffered from outdated legal systems, some dating from 1807, the time of napoleon. The solution to enable an easy settingup of your ohada business structure with your non englishspeaking partners, efficiently, securely and with an optimized timingplanning. Harmonization with ohada law when renewed andor drafting of new trade middlemen contracts complying with ohada standards. Ohada organization for the harmonization of business law. The ohada accounting system is a unified and harmonized system of business law in several african countries and has relied on international standards that can improve the understanding of financial statements by international and regional investors. On 19 october 1993, with the aim of establishing a reliable economic area that welcomes local and foreign investors in terms of providing solid and stable business grounds, along with maintaining a resourceful and integrated internal economy, 16 countries signed the. Ohada aims to create unified rules for business law that would rationalize and improve the legal environment for enterprises and transactions, both domestic and international.
Organization for the harmonization of business law in africa ohada, uniform act relating to general commercial law. The organisation for the harmonisation of business law in africaohada accounting plan introduction introduction to accounting in general 1. Article pdf available in journal of african law 5101. The principal objectives of ohada are to harmonize and modernize business laws in africa so as to facilitate commercial activity, attract foreign investment and. An economys ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. Ohada is both a factor for the economic development and. The business world in the ohada zone doing business, settle in the ohada zone news from ohada organization. Looking for online definition of ohada or what ohada stands for.
The deadline of 5 may 2016, set by the organization for the harmonization of business law in africa s ohadas new uniform act the acton the law of companies and groups of economic interest for harmonizing corporate articles of association with the provisions of theact is approaching. As the organisation for the harmonisation of business law in africa ohada, celebrates 20 years of existence 199320 in 17 countries in the continent, stakeholders in cameroon say much ground has been covered, especially on trainings in business laws but effectively applying the laws for fruits to be visible in the economy still remains a challenge. This article is aimed to study the legal framework of directors duties in ohada law. The ohada insolvency law is derived primarily from the uniform act of 10 april 1998 organizing collective proceedings for wiping off debts. Release of the official english translation of ohada. The organization for the harmonization of business law in africa ohada was established in 1993 through a treaty to improve the legal security and predictability of doing business in west and central africa. The primary function of the organization for the harmonization of business law in africa ohada is to modernize and harmonize the business laws of member states. Since its creation in 1993, ohada has designed, enforced and applied through the.
Ohada is a system of corporate law and implementing institutions adopted by seventeen west and central african nations in 1993 in port louis, mauritius. In november 2017, 17 states of subsaharan africa adopted the uniform act on mediation. The ohada treaty, signed on 17 october 1993 in port louis, mauritius, provides for a harmonised system of business laws and implementing institutions adopted by 17 west and. Organization for the harmonization of business law in africa ohada. Ohada is the french acronym for organisation pour lharmonisation en afrique du droit des affaires, which translates into english as organisation for the harmonization of.
Organization for the harmonization of business law in. Ohada to prosper business in africa attorneys at law in. For policy makers trying to improve their economys regulatory environment for business, a good place to start is to find out how it compares with the regulatory environment in other economies. This presentation is chiefly meant to be understandable by the average reader and to introduce the key concepts required to the cooperative law. Ohada uniform act relating to general commercial law. All of the contracting states to the treaty are subject to this. The new ohada uniform act on security legal integration in francophone africa results in particular from the uniform acts adopted by the organization for the harmonization of business law in africa ohada, established by the treaty signed in port louis mauritius in 1993, entered into force in september 1995. Ohadas 17 african states adopt the uniform act on mediation. Firstly,ohada law is supranational, it becomes part of the internal law of each state. Compilation of treaties and uniform acts official translation the usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement of ohada. The organization for harmonization of business law in africa ohada has unified regional business laws to an extent unheardof anywhere else. Ohada is listed in the worlds largest and most authoritative dictionary database of abbreviations and acronyms the free dictionary.
Following on from the 1993 treaty on the harmonization of business law in africa, the uniform act relating to commercial companies and economic interest groups was adopted on 17 april 1997. Created in 1993, ohada aims at harmonizing the business law of its member states to foster investment and promote economic developm ent in the region. Application of the ohada accounting system by companies in. Organization for the harmonization of business law in africa ohada the uniform. The new ohada uniform act on security global law experts. The organization for the harmonization of business laws ohada,is a supranational system of business laws that, as implemented in senegal is trying to regulate all the core businesses. Harmonisation of business law in africa ohada ohada is an organisation that strives for the harmonisation of business law in africa. The ease of doing business ranking ranges from 1 to 190. Ohada is the acronym for the french organisation pour lharmonisation en afrique du droit des affaires, which translates into english as organisation for the harmonisation of corporate law in africa. Uniform act on the law of commercial companies and the economic interest grouping of ohada. Organization for harmonization of business law in africa. Investment protection in the framework of the treaty of. Ohada includes 17 member states member state of west and central africa, almost all of. Doing business database doing business 2020 organization for the harmonization of business law in africa ohada page 5.
The revised ohada uniform act on security law has been adopted on 15 december 2010, but it became effective in each of the then. It constitues a unique onestop of valueadded services and information for corporations, business people and law practioners. This presentation cannot be comprehensive, for lack of space. Revised uniform act on companies global legal monitor. Originally from world arbitration reporter war 2nd edition. The practice of mediation, although it already has legislative support in burkina faso, ivory coast, and senegal, will be substantially expanded in the region with the ohada states adoption of the uniform act on mediation.
The organisation pour lharmonisation en afrique du droit des affaires ohada, which translates into english as the organisation for the harmonization of business law in africa is an exclusively businessrelated legal framework that was created on 17 october 1993 in port louis, mauritius initially established pursuant to a treaty adopted among 14 member states the ohada. Article 1any merchant, natural person or legal entity including all commercial companies in which a state or any other entity governed by public law is. Ohada on the harmonization of business law in africa. The globalization of the economy requires the harmonization of the laws and practices of the law. Ohada is a system of business laws and implementing institutions adopted by sixteen west and central african nations. The longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov.
Darankoum quotes our colleague jacques mestre, who eloquently pleaded that by adopting the draft uniform act, africa could become a universal model for contract law. About ohada website of the business law of the african cou. The wider objective of ohada is to attract foreign investment. Agenesis of ohada5 ohada was not born only from the initiative of the heads of state of the african franc zone. A in 1998 enriched the insolvency law with new procedures. In addition t o the efforts to revise and update certain of the. Organisation for the harmonization of business law. The council of ministers of the organisation for the harmonization of business law in africa. Law harmonization and local specificities a case study. Ohada uniform act relating to general commercial law 5 mindful of the treaty on the harmonization of business law in africa, in particular articles 2, 5, 6, 7, 8.
879 1269 1174 593 982 1249 362 638 1244 17 282 144 1071 177 48 1361 1439 1240 1422 158 331 978 1423 422 775 468 1628 271 1376 506 651 1481 167 564 765 844 125 921