ORGANIZATION FOR THE HARMONIZATION
OF BUSINESS LAW IN AFRICA
Benin Burkina Faso Cameroon RCA Comores Congo Ivory Coast Niger Senegal Guinée Conakry Equatorial Guinee Mali Gabon Guinée Bissau Democratic Republic of Congo Chad Togo

Ivory Coast sets up a National Supervisory Commission for Court Representatives

First Text ECHOES OF STATES MEMBERS
Second Text Ivory Coast sets up a National Supervisory Commission for Court Representatives
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Among the many innovations introduced by the new Uniform Act of 10 September 2015 organizing collective proceedings for wiping off debts, the regulation of the status of court representatives occupies a forefront.

Indeed, the quality of intervention of experts in preventive settlement and that of receivers in receivership or liquidation is crucial to guarantee the proper conduct of proceedings regarding the prevention and treatment of company difficulties.

In order to better regulate the intervention of the various actors, the new UA organizing collective proceedings for wiping off debts devotes its entire Title I to these actors. Worded in 24 articles, this Title addresses relevant issues such as access to the functions of court representatives in insolvency proceedings, conditions relating to the exercise of the profession, supervision and discipline, accountability and professional insurance as well as their remuneration. 

Article 4 stipulates that "each State Party shall, as necessary, adopt the implementation rules for this Title. It shall, using appropriate mechanisms, regulate and supervise legal representatives exercising within its territory, through, if necessary, the establishment of a national authority whose organization, composition and functioning it shall determine". Pursuant to this provision, the Republic of Côte d'Ivoire has adopted a major domestic legal instrument to complement the jus commune: Decree No. 2016-48 of 10 February 2016 on the setting up, roles, organization and functioning of the National Supervisory Commission for Court Representatives.

Through this important text, the Republic of Côte d’Ivoire strengthens its legal framework for optimal management of business difficulties within its territory.

 

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