Pledge of Shares: According to the OHADA Law, in a case where the shares of a commercial company are pledged, the secured creditor shall present to the registry of the competent court within which jurisdiction the company is registered the following documents;
- Original copy of the security deed where it is a private document or an authentic copy thereof where it is a record or a court decision authorizing the creditor to have the pledge entered in the register,
- Four copies of an entry indicating
. the full name, business name, registered capital, domicile or registered office of the parties as well as the registration number of the company which shares are pledged,
. the nature and date of the deed(s) deposited,
. the amount of money due on the last day preceding the entry and where applicable the conditions of payment of the debt etc.
The same procedure applies to;
- Pledging of a business and entry of the preferential right of the seller of a business,
- Pledging of professional equipment and motor vehicles,
- Pledging of stocks,
- Pledging of preferential rights of the Treasury, the customs administration and social security institutions,
- Entry of ownership reserve clauses,
- Entry of leasing contracts.