P. 109 of 139 In reorganization and assets liquidation proceedings, the competent court shall, at any time, pronounce the personal bankruptcy of an individual who has:
1) hidden the accounts of their company, embezzled or hidden part of its assets or fraudulently recognized debts which did not exist;
2) engaged in an independent professional, civilian, commercial, handicrafts or agricultural activity either through an intermediary or under cover of the legal entity concealing his dealings;
3) used the creditor assets of the legal entity as if they were his own;
4) by fraudulent misrepresentation, obtained forthemselvesorfortheircompany,aarrangementwhichwaslaterannulled;
5) Committedactsin bad faith, inexcusable misdeeds or serious offences against trade rules and practices such as defined in Article 197 hereinafter.
Top executives of a legal entity convicted for fraudulent bankruptcy or personal bankruptcy shall also be declared in personal bankruptcy.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 108
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 196 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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