Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 2 › Chapter 5 › Section 1

SECTION 127-1

Today
When the survival of the debtor company so requires, the competent court, ex officio or upon the trustee’s request, may subordinate the adoption of the judicial composition to the replacement of one or several top executives with regards to point 3 °) of paragraph 1 of Article 127 above. To this end, the competent court may, on the request of the trustee, decree the non-assignability of equity interests, capital securities or securities giving access to capital, held by one (01) or several top executives, de jure or de facto, salaried or not, and decide that the attached voting right shall be exercised by the trustee or by a representative ad hoc appointed by the competent court for a period which it shall determine. It may also order the assignment of these equity interests, capital securities or securities giving access to capital, the assignment price shall be fixed by experts. For the application of this Article, the top executives and representatives of the company committee, or failing that, staff representatives as well as creditor controllers and controller staff representative shall be heard or duly summoned. P. 83 of 139 The provisions of this Article shall not apply to a debtor engages in a regulated liberal profession.
Unofficial translation Transcription: Spot-checked In force from 24-12-2015 Source page 82

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 →

Preventive procedures Solution of receivership Subsection 1: Development of the judicial Composition Solutions of reorganization and assets liquidation

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Official text Unreviewed pair

ARTICLE 127-1

Contents

Section 127-1 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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