Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Chapter 5 › Section 1

SECTION 140

The composition shall be annulled in case of fraud resulting from a concealment of assets or an exaggeration of debts where the fraud was discovered after approval has been given for the preventive settlement composition agreement or the recovery composition agreement. The annulment shall, as of right, release the sureties who guarantied the composition agreement except where they had knowledge of the fraud at the time they committed themselves. The Legal Department shall alone have the discretion to institute an action for the annulment of the composition agreement. Such action may be instituted only within a time limit of one year following the discovery of the fraud. Depending on the common interest of the creditors and workers, the competent court shall alone have the discretion to order the annulment of the composition agreement.
Official translation Spot-checked In force from 10 April 1998 Source page 48

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Texte français

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Section 140 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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