Representatives of Managing Corporate Bodies
(1) Individuals managing corporations and permanent representatives of managing corporate bodies who fraudulently:
a) remove the books of the corporate body ;
b) convert or conceal a part of its assets ;
c) in their books or by any notarial or private deed or in their balance sheets, acknowledge debts which the corporate body does not owe ;
d) perform the function of manager in violation of a ban provided for by the OHADA Uniform Acts or by law or regulation ;
e) arrange with a creditor, on behalf of the corporate body, special benefits on account of his vote during the deliberations of the general body of creditors or who conclude with a creditor a special agreement from which the creditor would derive a benefit to be borne by the assets of the corporate body with effect from the date of cessation of payments, save otherwise provided by law ; shall be punished with imprisonment for from 5 (five) to 10 (ten) years.
(2) The managers referred to in Subsection (1) above, who, during preventive settlement proceedings:
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PRÉSIDENCE DE LA REPUBLIQUE
a) in bad faith, present or permit the presentation of an income statement or balance sheet or statement of claims and debts or a statement of preferential claims and securities that is inexact or incomplete ;
b) without an authorization from the President of the competent court, commit one of the acts prohibited by Article 11 of the Uniform Act organizing collective proceedings for wiping off debts , shall be punished as provided for in Subsection (1) above.
Official text
Transcription: Spot-checked
In force from 12-07-2016
Source page 126
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