Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Chapter 5 › Section 4

SECTION 139

The cancellation of the composition may be pronounced: 1) in case of non-observance by the debtor of his bankruptcy commitments or time extensions and debt reductions; however, the competent court, following the opinion of the public prosecutor and the controllers, shall determine whether these breaches are serious enough to definitively compromise the execution of the composition; and, in the contrary, it may extend the payment deadlines which shall not exceed more than six (6) months the extensions already granted by creditors; 2) when the debtor is prohibited, for whatever reason, from engaging in a professional independent activity, a commercial, civil, handicraft or agricultural activity unless the duration and nature of the said prohibition are compatible with the pursuance of the business activity of the company under a leasing business contract, for the purposes of a possible assignment of the company under satisfactory conditions for common interests; 3) when, in the case of a legal entity to which the composition is granted, the top executives who have been declared bankrupt, resume the management of the legal entity de jure or de facto; if these top executives have been prohibited from managing the company during the execution of the composition, the latter shall be cancelled unless the top executives stop performing the duties which have been prohibited; however, the competent court may grant a reasonable deadline, which shall not exceed three (3) months, to replace those top executives. A creditor or controllers, party to the composition may file a petition with the competent court in that regard; the said court may also examine the matter on its own after hearing or duly summoning the debtor. The cancellation of the composition shall not release the securities attached to collateral security its full or partial execution.
Unofficial translation Spot-checked In force from 10 September 2015 Source page 87

Spot-checked against the official gazette — not yet verified line by line. How Lex Cameroon marks its texts →

A question about this section?

Enter to send · Shift+Enter for a new line

Texte français

This provision has no official French version. You can read an unofficial machine translation — for understanding only, never to quote.

Cited by

Contents

Section 139 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-2015
Report an error in this text