The Ohada law contains provisions that are specifically applicable to persons and entities who habitually engage in commercial activities. Commercial operators have certain rights, specific requirements and liabilities which are not applicable to persons or entities which do not enjoy commercial status. Commercial operators are subject to rules regarding standard of proof and limitation periods which are different from the rules applicable to persons and entities which do not have commercial status. According to Article 2 of the Uniform Act of Ohada, a commercial operators are those who perform commercial transactions as their usual professional activity. The Uniform act has provided the following activities to be deemed commercial activities:

  • The purchase of movable or immovable goods for resale;
  • Activities in the fields of banking, capital markets, exchange, brokerage, insurance or forwarding;
  • Any contracts between commercial operators for the needs of their business;
  • The industrial exploitation of mines, quarries and any other natural resources;
  • The leasing of movable assets;
  • Operations involving manufacture, transportation and telecommunications;
  • The business of commercial intermediaries (factors, brokers and commercial agents) and any other intermediaries involved in the purchase, sale or rental of immovable property, businesses or share-holdings in commercial companies or property companies; and
  • The issuance of bills of exchange and promissory notes.
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