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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 8

Recognition of commercial companies

1. Only foreign commercial companies endowed with legal personality pursuant to the laws of their State of formation shall be recognized ipso jure.

2. Under no circumstances shall the legal capacity of foreign commercial companies exceed the capacity extended to legal persons formed under the law of the State of recognition.

3. Ipso jure recognition does not preclude the State from verifying the existence of the legal person in accordance with the law of its place of formation.

4. For the purposes of such verification, the State shall accept the validity of the certificates of incorporation issued by the registries with which the commercial companies are registered, provided such documents meet the authenticity requirements necessary to be admitted by way of proof.

5. The State may set out exceptions to the recognition of foreign legal persons where the seat of effective management or principal center of business thereof is situated on its territory.

Downloads

EXPLANATORY NOTE.pdf

Draft OHADAC model law of commercial companies.pdf