The receiver shall collect the claims of the debtor or creditors who request the removal of the trustee and the appointment of his replacement. The receiver shall rule within eight (08) days from the date the request is filed. His order shall be accompanied by a provisional enforcement of the law. The receiver’s decision may be objected within eight (8) days from the date thereof.
Where he has not ruled in eight (08) days from the filing of the petition, the receiver shall be deemed to have rejected the request. The petition may then be brought before the competent court by filing an objection under the conditions set forth in article 40 above.
The competent court hearing the opposition shall hold closed doors sessions to hear the explanations of the petitioner (s) and the trustee. Its decision, in a public hearing, shall be accompanied by a provisional enforcement of the law. It shall be subject to appeal within fifteen
(15) days from the date of the decision.
P. 47 of 139 The registrar of the competent court shall communicate, where appropriate, such decision to the national authority of the concerned State party which may initiate disciplinary proceedings in accordance with this Uniform act.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 46
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 42 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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