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to the amount of their shares, a pre-emptive subscription right for shares issued in cash when this right was not repealed by the general meeting and shareholders did not renounce it; 2) failed to allocate a time limit of twenty (20) days at least for shareholders, from the date of the opening of the subscription, unless such deadline was closed early; 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 basis to 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
Transcription: Spot-checked
In force from 05-05-2014
Source page 249
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 894 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/2014-01-30/auscgie-2014
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