One or several members may file a shareholder derivative lawsuit after a notice to the competent bodies that remains unanswered within a time limit of thirty (30) days. Petitioners shall be entitled to seek redress for damages suffered by the company. In the event of conviction, damages shall be awarded to the company and not to the petitioner (s).
However, under penalty of inadmissibility of the request, the company shall be regularly cited through its legal representatives.
The company or any member may also petition the competent court to appoint an ad hoc agent to represent it in the lawsuit, where there is a conflict of interest between the company and its legal representatives.
Unofficial translation
Transcription: Spot-checked
In force from 05-05-2014
Source page 52
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 167 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/2014-01-30/auscgie-2014
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