A de facto partnership exists where two (2) or several natural persons or legal entities act as partners without having formed one of the companies recognized by the uniform Act of the OHADA Law of 2014.
Where two (2) or several natural persons or legal entities have formed a company recognized by the said uniform Act, but which has a formation defect that has not been cured or has formed a company not recognized by the uniform Act, such is a de facto company.
Any interested party may petition the competent court for the recognition of a de facto company created between two (2) or more persons that he is in charge of providing the identity or the name.
The existence of a de facto company or de facto partnership shall be evidenced by any means.
When the existence of a de facto company or de facto partnership is recognized by the judge, the rules on partnerships shall apply to partners.
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