Lex Cameroon

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

SECTION 18

The decision giving approval to the preventive composition agreement shall render the said agreement compulsory on all those who were creditors prior to the preventive settlement decision irrespective of whether their claims are unsecured or guaranteed by a security under the conditions of the time limits and remissions granted to the debtor, without prejudice to the provisions of Article 15 (2) above. The same shall apply to guarantors for the debts of the debtor contracted prior to the said decision. Creditors with secured debts shall not lose their guarantees but may only enforce them in the event of a cancellation or resolution of the preventive composition agreement to which they have consented or which has been imposed on them. The debtor’s sureties and co-obligors shall not take advantage of the time limits and remissions granted under the preventive composition agreement. Statutory limitation shall stop running with regard to creditors who, due to the preventive composition agreement, cannot claim their rights or institute actions. The debtor shall recover his freedom to administer and dispose of his property as soon as the preventive settlement decision becomes final.
Official translation Spot-checked In force from 10 April 1998 Source page 13

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Texte français

This provision has no official French version. You can read an unofficial machine translation — for understanding only, never to quote.

Refers to

Contents

Section 18 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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