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Publication in the OHADA Official Gazette of the Uniform Act organizing simplified recovery procedures and enforcement measures of the 17th of October 2023. (Yaoundé, 15 th November 2023)

 Barely a month after its adoption on the 17th of October 2023 in Kinshasa (Democratic Republic of Congo), the new Uniform Act organizing simplified recovery procedures and enforcement measures was published in the OHADA Official Journal on the 15thof November 2023. This publication launches the entry-into-force process, independently of publication in the Official Gazette of the States Parties.

In accordance with Article 9 of the OHADA Treaty and its transitional and final provisions, the new text will come into force ninety (90) days after its publication in the OHADA Official Gazette, being the 16th of February 2024. It shall govern simplified recovery procedures and enforcement measures initiated after this date of entry into force, while procedures initiated previously shall remain subject to the Uniform Act in its version of April 10, 1998.

The new Uniform Act, with its numerous innovations, should lead to a significant improvement in the legal framework for debt collection and enforcement in OHADA member countries. It marks a major qualitative leap.

The Permanent Secretary expresses OHADA’s deep appreciation to all the stakeholders for their contribution: the Member States through the Council of Ministers, the OHADA National Commissions and the Committee of Experts; the World Bank Group, which financed the most part of the work; the French Development Agency ( Agence Française de Développement), which financed the session of the Project Review Committee; the drafting Experts, who assisted the reform throughout; the integration organizations and sub-regional institutions, partners of OHADA, who contributed to the technical meetings, as well as the various professional organizations, including the African Union of Bailiffs and Judicial Officers (UAHJ) and International Union of Judicial Officers (UIHJ), who played a leading role.

The Permanent Secretary appeals to the large community of OHADA’s friends to rally for the effective popularization and assimilation of the new Uniform Act.

Download the Uniform Act here

Permanent Secretary,

Prof. Mayatta Ndiaye MBAYE.