Lex Cameroon

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

SECTION 27

Today
As the statement provided for in article 25 above or, later on, within sixty (60) days following the opening decision of reorganization, the debtor shall file a drat composition. Such proposed shall demonstrate judicial reorganization prospects of the debtor company with respect to business opportunities and activities, the market status and available financing resources; it shall as well specify envisioned measures and conditions for its restructuring namely: - requisites for enabling the financial and economic viability of the debtor company; - terms for continuing the company business activities such as the request for time extensions and debt reduction, partial assignment of assets with a specific indication of assets to be assigned; assignment or lease-management of a branch of activity forming business assets; assignment or lease-management of part or the entire company, without these terms being restrictive and exclusive on each other; - the full names, titles and addresses of individuals mandated to execute the composition and all their undertakings for restructuring the company; - terms for maintaining and financing the company, settlement of claims contracted prior to the decision to open the reorganization as well as, where applicable, collateralsecurities provided to ensure execution; these undertakings and collateralsecurities may consist, inter alia, of subscriptions for an increase of share capital by new or former partners, debt-for-equity swaps, appropriations by banking or financial institutions or by any other person, including any new cash or service contributions under the conditions set forth in article 33-1 hereinafter as well as the amount of the contribution or the value of goods or services; the continuation of the execution of contracts entered into prior to the opening decision, provision of securities; - the level and prospects of employment, as well as layoffs for economic reasons which will take place within the conditions set forth in the provisions of articles 110 and 111 hereinafter The proposed judicial composition may determine a differential treatment of creditors where situational differences so justify.
Unofficial translation Transcription: Spot-checked In force from 24-12-2015 Source page 39

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 →

Opening of reorganization and assets liquidation Preventive procedures

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ARTICLE 27

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Section 27 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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