The following documents dated from less than thirty (30) days shall be attached to the statement
provided for in article 25 above:
1) a certificate of incorporation, registration or declaration of activity in a Register or a
professional order or, any other documents which prove the regularity of the debtor’s
activity;
2) summary financial statements comprising the balance sheet, the income statement, a
supply and use table, the status annexed thereto and, in any case, the turnover amount and
profits or losses of the last three (03) years or any other document capable of establishing
the financial and economic position of the debtor if the petition is filed by a debtor
meeting the definition of small enterprise pursuant to Article 1-3 above;
P. 38 of 139
3) cash flow statement and the exact amount of claims and debts stating names, titles and
addresses of creditors and the maturity dates;
4) detailed statement of assets and liabilities, real or personal granted by or received from
the company and its top executives;
5) inventory of the assets of the debtor stating movable assets subject to claims by their
owners and those affected by a retention of title clause or, alternatively, a provisional
inventory if the petition is filed by a debtor who meets the definition of small enterprise
in accordance with Article 1-3 above;
6) a list of employees stating their salaries and employer’s unpaid contributions at the date
on which the petition is filed or any other document identifying and counting the debtor’s
employees and estimating the amount of their wages and contributions if the petition is
introduced by a debtor who meets the definition of small enterprise in accordance with
Article 1-3 above.
7) a document stating the full names and the address of the employees’ representatives;
8) a certificate of the debtor stating that he is not party to a conciliation agreement in
progress and, in any case, that he is not subject to a preventive settlement, reorganization
or assets liquidation procedures that is pending; where appropriate, if the debtor has
benefitted from conciliation or arrangement, the amounts of claims due to creditors
benefitting from the privilege of Article 5-11 and Article 11-1 above as well as their
names and residence;
9) in case of a legal entity, the list of members jointly and severally liable for the debts
thereof, stating their full names and addresses as well as the names and addresses of its
top executives;
10) where appropriate, a document stating the full names, titles and domiciles of individuals
who are planning to make new cash or service/good contributions under the conditions of
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 37
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 26 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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