According to article 902 of the OHADA Law of 2014, shall face a criminal charge, the liquidator of a company who knowingly:
1°) Failed, within one (1) month from his appointment, to publish in a newspaper authorized to publish notices of the location of the headquarters, the instrument appointing him liquidator, and to file decisions declaring the dissolution with the registry of commerce and securities;
2°) Failed to convene members, at the end of the liquidation, to decide on the final liquidation account, the final discharge of its management, and the discharge of his mandate and to record the end of the liquidation process;
3°) Failed, in the case prescribed in article 219 of the Law, to file his final accounts with the registry of commerce and securities of the location of the headquarters, and to petition in court for their approval.
When the liquidation is acting further to a court decision, shall face a criminal charge, the liquidator who, knowingly:
1°) Has not, within six (6) months of his appointment, submitted a report on the assets and liabilities of the company under liquidation and on the continuation of liquidation transactions, nor requested the authorizations necessary to complete them;
2°) Failed, within three (3) months of the end of each fiscal year, to prepare summary financial statements in light of the inventory and a written report in which he gives an account of the liquidation transactions during the preceding fiscal year;
3°) Failed to enable members to exercise their right to examine company records during the liquidation period, in the same conditions as before;
4°) Failed to convene members, at least once a year, to report on the summary financial statements in the event the company continues to operate;
5°) Failed to deposit, in a bank account opened by the company under liquidation, within fifteen (15) days from the decision of distribution, the amounts earmarked for allotment between members and creditors;
6°) Failed to deposit, in a capital payment account opened in the accounts of the Treasury, within one (1) year from the end of the liquidation, sums/amounts allocated to creditors or partners and unclaimed by them.
Shall face a criminal charge the liquidator who, in bad faith:
1°) Has used the assets or credit of the company under liquidation in a fashion/manner/for a purpose he knew was contrary to its interests, for personal gain or to favor another legal entity in which he has a direct or indirect interest;
2°) Has assigned all or part of the assets of the company under liquidation to an individual who, in the company, was a name partner, general partner, manager, and member of the board of directors, general director, or auditor, without having obtained the unanimous consent of the members or, failing that, the authorization of the competent court.