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Friday, Jan 27th 2023

The ACP Legal Association

  • OHADAC and ACP Legal

    The partisans of this project, called OHADAC (Organisation for the Harmonisation of Business Law in the Caribbean), decided to meet within the framework of the association ACP Legal, to help interested Caribbean States to implement the project.

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  • OHADAC in brief

    This brochure has been published by the ACP Legal Association.

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OHADAC Texts

Summary

DRAFT OHADAC MODEL LAW OF COMMERCIAL COMPANIES

Article 51

Temporal scope of application

1 The present law shall apply to any international actions undertaken by companies and to any proceedings initiated subsequent to the date of its entry into force, without prejudice to any rights acquired under previously enacted legislation.

2 Any legal acts or actions provided for under the present law that may have been performed by commercial companies prior to its entry into force shall retain their legal effects and the previous law shall be applicable thereto. However, they shall henceforth be governed by the present law.

3 Any legal action that may have been dismissed by a court or authority owing to a lack of jurisdiction prior to the entry into force of the present law may be brought again if the jurisdiction in question is provided for by the present law, provided the claim in question may be validly raised.

4 Any applications for the recognition and enforcement of foreign decisions that were pending prior to the entry into force of the present law shall be governed by the latter in respect of the conditions for such recognition and enforcement.

Article 52

Priority clause

The application of any prior provisions that may be incompatible with the object of the present law shall be excluded.

Downloads

EXPLANATORY NOTE.pdf

Draft OHADAC model law of commercial companies.pdf