The following shall be deemed fraudulent acts, inexcusable misdeeds or serious offences against trade rules and practices:
1) to engage in an independent professional, civil, commercial handicraft or agricultural activity or performance of the duties of manager, director, president, chief executive officer or liquidator in violation of a prohibition provided for in this Uniform act or by each State Party law;
2) Inexistence of an accounting system compliant with recognized accounting rules and practices in the profession taking into account the importance of the debtor company;
3) Purchases for resale at lower prices with intent to delay the insolvency or use, with the same intent, of damaging practices to obtain funds;
4) subscription, for the account of third parties, without collateral security, of commitments deemed too important at the time of their conclusion, having regard to the position of the debtor or his company;
5) Abusively operated a distressed business which could only lead to the insolvency of the debtor company.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 109
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 197 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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