Where reorganization or assets liquidation of a legal entity shows insufficient assets, the competent court may, in case mismanagement has contributed to the insufficiency, may decide, at the request of the trustee, the public prosecutor or two controllers under conditions of Article 72 (2) above, even ex officio, that the legal entity debts shall be paid, in whole or in part, with or without joint and several liability, by all or some of the top executives.
Thetrustee or the controllers’summons or the public prosecutor’s petitionshall be notified to each accused executive at least eight (8) days before the court hearing. Where the competent court is examining the matter on its own petition, the president of the court shall summon the parties by a bailiff’s writ or by any means proving actual receipt by the addressee, at the behest of the court registrar, within the same period.
The competent court shall take a decision at the earliest opportunity, after hearing the receiver’s report behind closed doors.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 106
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 183 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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