Company executives usually engage into business operations on behalf of the company without regard to the implication of negligent acts and torts committed in the performance of their duties.
According to the OHADA Law and without prejudice to subsequent liability of the company, each company executive shall be individually liable to third parties for torts committed in the performance of their duties.
Where several company executives are involved in the commission of the tort, they shall be jointly and severally liable to third parties. However, as concerns the relations among the executives, the commercial court shall determine the share to be borne by each of them in apportioning damages to be paid.
An individual suit shall be an action for damages for an injury suffered by a third party or by a member, where the latter suffers injury distinct from that which might be suffered by the company as a result of torts committed individually or collectively by company executives in the performance of their duties.