ALERT BY AUDITOR AND MEMBERS

There is usually the feeling that top management can do as they please with the business of a company. Most of the time, top management is supported by the majority shareholders in the decisions to be enforced and executed on behalf of the company. However, the OHADA Law has recognized the role to be played by certain members of the company even if they form the minority group (minority protection). This role can also be played by the auditor of the company.

According to the OHADA Law on Commercial Companies and Economic Interest Groups, an alert is a procedure engaged when there are actions likely to jeopardize the continued operation and existence of the company and such actions have been noticed.

The alert procedure is engaged either by the auditor or member of the company under a specified procedure.

These procedures engage the manager in the case of a private limited company or the chairman of the board of directors or managing director in the case of a public limited company by placing a check on their activities and a call for accountability of their offices.

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