The acquiring company shall be the debtor of creditors that are not bondholders of the acquired company in lieu of the latter, without such substitution entailing novation on their part.
Creditors that are not bondholders of the companies involved in the merger transaction, including landlords of rented premises of acquired companies, and whose claim was contracted precedes the publication of the projected merger, may object to it before the competent court within a period of thirty (30) days from the date of such publication.
The competent court shall reject the objection or order, either repayment of debts, or the provision of guarantees, if the company offers them and if they are deemed sufficient.
Failing repayment of debts or provision of guarantees ordered, the merger shall not be enforceable against this creditor.
The objection filed by a creditor operate as a prohibition for the continuation of the merger transaction.
Unofficial translation
Transcription: Spot-checked
In force from 05-05-2014
Source page 178
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 →
Section 679 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/2014-01-30/auscgie-2014