Lex Cameroon

Uniform Act relating to commercial companies and economic interest groups › Title 1 › Chapter 1

SECTION 679

The acquiring company shall be the debtor of the creditors, who are not debenture holders, of the acquired company instead of the latter, without such substitution entailing a novation on their part. Creditors, who are not debenture holders, of the companies participating in the merger transaction, including the lessors of premises hired by the acquired companies, whose claim is made prior to the publicity given the proposed merger, may file an opposition to the proposal within a period of thirty days from the date of such publicity before the competent court. The president of the competent court shall rule against the opposition or order either the reimbursement of the debts or the provision of guarantees where the company can offer such guarantees and where they are considered adequate. Failing reimbursement of the debts or provision of the guarantees ordered, the merger shall not have effect vis-à-vis this creditor. The opposition filed by a creditor may not lead to the suspension of the merger transaction.
Official translation Spot-checked In force from 17 April 1997 Source page 152

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Texte français

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Section 679 of the Uniform Act relating to commercial companies and economic interest groups /akn/ohada/act/loi/undated/auscgie-1997
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