Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 2 › Chapter 2 › Section 1

SECTION 6-1

Today
The debtor’s petition shall include the following documents, dated from less than thirty (30) days: 1) a certificate of incorporation, registration or declaration of activity in a Register or a professional order or, ,any other documents which prove the regularity of the debtor’s activity; 2) summary financial statements comprising the balance sheet, the income statement, a supply and use table, the state annexed and, in any case, the turnover amount and profits P. 24 of 139 or losses of the last three (03) years or, any other document establishing the financial and economic position of the debtor if the petition is filed by a debtor meets the definition of small enterprise pursuant to Article 1-3 above. 3) cash flow situation and the exact amount of claims and debts with names, titles and addresses of creditors and maturity dates or, any other document capable of establishing the ability of the debtor to pay its due debts out its available assets if the petition is filed by a debtor meets the definition of small enterprise in accordance with Article 1-3 above. 4) a document stating the number of employees and their salaries and employer’s contributions at the date on which the petition is filed or, any other document capable of identifying and counting the debtor’s employees and estimating the amount of their wages and contributions where the motion is introduced by a debtor meets the definition of small enterprise in accordance with Article 1-3 above. 5) a certificate from the debtor whereby he declares on honor that he is not insolvent; 6) detailed statement of assets and liabilities, personal and actual securities given or received by the company and its top executives; 7) a certificate of the debtor stating that he is not party to a conciliation agreement in progress and, in any case, that he is not subject to a preventive settlement, reorganization or liquidation of assets proceedings that is pending and that he meets the conditions of the last paragraph of Article 6 above; 8) the inventory of the assets of the debtor stating movable assets subject to claims by their owners and those affected by a retention of title clause or, alternatively, a provisional inventory if the petition is filed by a debtor meets the definition of small enterprise in accordance with Article 1-3 above; 9) a document stating the,full names and addresses of employees’ representatives; 10) where it is a legal entity, the list of members jointly and severally liable for the debts thereof, stating their full names and addresses, as well as the names and addresses of its top executives; 11) where the debtor proposes a person as an expert to the preventive settlement in accordance with the first paragraph of Article 8 hereinafter, a document stating the full name, qualifications and domicile of that individual and a certificate of the latter stating that he meets the conditions set forth in articles and 4-1 and 4-2 above; P. 25 of 139 12) where appropriate, a document stating the full names, qualifications and domicile of individuals who are planning to make new cash contributions or provide new goods or services under the conditions of Article 11-1 hereinafter, with the amount of the contribution or the value of goods or services; 13) a proposed arrangement; 14) Where applicable, a document stating the full names and domiciles of the creditors who cosigned the petition of the debtor, and the amount of their claims and any security interest attached to them. All these documents shall be dated, signed and certified true by the petitioner. Documents referred to subparagraphs 1 ° to 5 ° and subparagraphs 7 °, 8 °, 10 ° and 13 ° must be provided otherwise the petition will be inadmissible as a matter of law. . In case one of the documents referred to subparagraphs 6 °, 9 ° and 11 ° cannot be provided, or may be provided only incompletely, the petition shall state the reasons thereof.
Unofficial translation Transcription: Spot-checked In force from 24-12-2015 Source page 23

The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision. How Lex Cameroon marks its texts →

Commencement the preventive settlement Preventive procedures Preventive settlement

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ARTICLE 6-1

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Section 6-1 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/2015-09-10/aupcap-2015
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