Shall face a criminal charge company management who, during a capital increase:
1)failed to enable shareholders to benefit from, proportionately to the amount of their shares, a
pre-emptive subscription right for shares issued in cash when this right was not repealed by
the general meeting and shareholders did not renounce it;
2) failed to allocate atime limit of twenty (20) days at least for shareholders, from the date of the
opening of the subscription, unless such deadline was closed early;
P. 258 of 267
3) failed to allot shares which became available, due to lack of sufficient number of
subscriptions on an irreducible basis, to shareholders who subscribed on an irreducible
basisto a higher number of shares than they could subscribe on an irreducible basis,
proportionately to the rights they have;
4) failed to reserve the rights of holders of subscription warrants.
Unofficial translation
Machine-parsed
In force from 8 September 2026
Source page 257
Section 894 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/undated/auscgie-2014