According to article 73 of the OHADA Law of 2014, the founders and first members of the management body, the board, and officers shall file with the registry of commerce and securities a declaration in which they state all acts carried out to duly form the company and by which they attest that such formation was carried out in conformity with this uniform Act.
Such a declaration is called a “declaration of regularity and conformity”. It is mandatory, under penalty of rejection of the application for the registration of the company in the registry of commerce and securities.
The declaration shall be signed by its authors. However, it may be signed by one of the said individuals or several of them provided they were mandated to do so.
The provisions of article 73 of the Law are applicable in the event the amendment of the articles of association. In this case, the declaration of regularity and conformity shall be filed by members of the management body, the board, and officers.
The provisions of the foregoing article shall not apply when a notarized statement of subscription and payment has been drawn and filed in the conditions outlined in this Uniform Act as well as by the Uniform Act on General Commercial Law.