The acquiring company shall be the debtor of creditors thatare not bondholders of the acquired
company in lieu of the latter, without such substitution entailing novation on their part.
Creditors thatare not bondholders of the companies involved in the merger transaction, including
landlordsof rented premises of acquired companies, and whose claim was contracted precedes
the publication of the projected merger, may object to it before the competent court within a
period of thirty (30) days from the date of such publication.
The competent court shall reject the objection or order, eitherrepaymentof debts,or the provision
of guarantees, if the company offers themand if they are deemed sufficient.
Failing repayment of debts or provision of guarantees ordered, the merger shall not be
enforceable against this creditor.
The objection filedby a creditor operate as a prohibition for the continuation of the merger
transaction.
Unofficial translation
Machine-parsed
In force from 8 September 2026
Source page 185
Section 679 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/undated/auscgie-2014