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Research Paper | Commerce and Law | Cameroon | Volume 10 Issue 7, July 2021 | Rating: 4.4 / 10
The Contents of the Articles of Association as a Document used in the Creation of Companies in Cameroon under the OHADA Law
Gladys Nku Tiku Eposi
Abstract: This study unveils that the creation of companies in Cameroon is been regulated by the OHADA[1], law under the Uniform Act on Commercial Companies and Economic Interest Groups (UACCEIG) which says, every company must have its own Articles of Association [2]. The Articles of Association is a document that contains the internal regulation for the management of the company?s affairs. [3] The articles of association are the contracts between the shareholders and the company and among the shareholders themselves. [4] The questions raised are what are the requirements common in the Articles of Association of all companies under OHADA Law? What effect do the AOA has? The study adopted an analytical approach which has led to the finding that the AOA under OHADA, is similar to the MOA [5] in most English speaking countries, but a major difference in that UACCEIG has limited the life span of the company to 99years while under English company law, a company goes on for an indefinite period. [6] The life span of the company should not be limited due to the principle of perpetual succession. The UACC seem to have concurred with some aspects of the Common Law, making the UACC an applaudable law reform.
Keywords: Articles of association, commercial companies, OHADA Law, notarised deed, Cameroon
Edition: Volume 10 Issue 7, July 2021
Pages: 735 - 742