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;

  1. Pledging of a business and entry of the preferential right of the seller of a business,
  2. Pledging of professional equipment and motor vehicles,
  3. Pledging of stocks,
  4. Pledging of preferential rights of the Treasury, the customs administration and social security institutions,
  5. Entry of ownership reserve clauses,
  6. Entry of leasing contracts.
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