There have always been questions that touch on minority protection in Public Limited Companies when faced with the challenge put forth by the majority shareholders in a public limited company. This is because the business and decision making in Public Limited Companies is usually influenced by the powerful majority as against the weak minority. However, the OHADA Law has put in place some provisions to help the minority shareholders when it comes to meetings in the company.

Shareholders who represent 5 per cent of the company’s capital where such capital is less than One Thousand Million ( FCFA may request the inclusion of a draft resolution in the agenda of the general meeting of shareholders according to the OHADA Law.

This same prerogative is given to shareholders who represent;

  1. 3 percent of the company’s capital where such capital is between One Thousand million ( FCFA and Two Thousand million ( FCFA,
  2. 0.5 percent of the company’s capital where the capital is more than Two Thousand million ( FCFA.

The request shall include;

  1. The draft resolution together with a short explanatory statement,
  2. Proof of ownership or representation of the percentage of capital stipulated above etc.
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