Where the third party declares that property belonging to the debtor is in his custody, an
inventory thereof shall be drawn up which shall, under pain of nullity, contain:-
1) the reference of the writ by virtue of which the attachment is carried out;
2) the date of the attachment, the full names, and residence of the distrainor or, in the case of a
corporate body its legal form, corporate name and registered office; a possible choice of
residence by the distrainor;
3) the full names and residence of the debtor or, in the case of a corporate person, its legal form,
corporate name and registered office;
4) the full names and residence of the third party;
5) the third party’s declaration, and in bold characters, an indication that any inaccurate or false
declaration shall make him liable for the debt, without prejudice to being held liable for any
damages.
6) a detailed description of the property attached;
7) a statement in bold characters that the attached assets shall be inalienable, that they are placed
in the hands of the third party, that they may neither be transferred nor removed, save under
the circumstances provided for in Article 97 above, under pain of criminal sanctions; and
that the third party is required to disclose the present attachment to any creditor carrying out
a subsequent attachment on the same property;
8) a statement that the third party may avail himself of the provisions of Article 112 below,
which shall be reproduced in the document;
9) a statement that the third party may assert his claim over the property attached , by a simple
declaration or registered mail with acknowledgement of receipt or by any means with written
proof addressed to the bailiff or process-server of the distrainor;
10) an indication of the court before which shall be brought any opposition relating to the
attachment and sale;
11) an indication, where applicable, of the full names and status of the persons who were present
during attachment process and who shall sign the original and the copies; in the case of
refusal, it shall be mentioned in the report;
12) a reproduction of the criminal provisions governing fraudulent disposition of attached assets.
Official translation
Spot-checked
In force from 10 April 1998
Source page 33
Section 109 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998