The Council of Ministers of the Organization for the Harmonization of Business Law in Africa (OHADA) held its 39th session on 10, 11 and 12 June 2015 at Hotel President, Yamoussoukro (Republic of Côte d'Ivoire). As usual, the meeting was preceded by that of the OHADA Committee of Experts.

The meeting was held under the patronage of His Excellency Mr. Alassane OUATTARA, Head of State and Chairperson of the Council of Ministers, and with the effective presence of His Excellency Mr. Daniel KABLAN DUNCAN, Prime Minister of the Republic of Côte d'Ivoire. Madame Christiane TAUBIRA, Keeper of the Seals of the French Republic attended the meeting and effectively took part in the opening ceremony.

At the start of the meeting, the Technical and Financial Partners of OHADA, in their message, announced the establishment of a platform for dialogue and reaffirmed their commitment to support the Organization in achieving its objectives.

Within the framework of normative activities, the Council of Ministers took note of the progress in the revision process of the Uniform Act organizing and harmonizing business accounting, as well as the updating process of the Uniform Act on arbitration and the Arbitration Rules of the CCJA together with commercial mediation. It also authorized the Permanent Secretary to undertake a diagnostic study on the implementation of the Uniform Act organizing Simplified Recovery Procedures and Measures of Execution. The adoption of the revised Uniform Act organizing Collective Proceedings for the Wiping-off Debts was postponed to the next session of the Council of Ministers as the advisory opinion of the CCJA was not available.

Discussions on the effective implementation of OHADA law in Member States revealed that there is some progress in strengthening the OHADA National Commissions. Efforts should continue with regards to enacting additional sanctions for some offenses contained in some Uniform Acts and implementing the status of “business starter”. On this last point, the experience of Benin is worth sharing.

The consulting firm GEOIMAGE selected to develop an integrated software for managing records and national files of the Trade and Personal Property Credit Register (RCCM) made a video projection of the software prototype nearing completion. The Council of Ministers congratulated the consultant for the state of advancement of the project and recommended that the software be finalized expeditiously.

During the session, the Keeper of the Seals of Côte d'Ivoire presented to the Council of Ministers the experience of his country in securing judicial acts. He stated that the project that helped to ensure the authenticity of judicial acts also led to a substantial increase in State revenues and could inspire initiatives in other OHADA Member States.

Having considered the report of the independent firm selected to recruit some international staff, the Council of Ministers appointed, on the basis of merit, to various international positions within the Organization.

The Council of Ministers deemed inappropriate the examination of the proposal to create an “OHADA Bar” and rejected the request by the President of the Paris Bar to address the Council of Ministers.

On the sidelines of the meeting, participants visited some touristic sites in the city of Yamoussoukro, including the famous Basilica of Our Lady of Peace and the Felix Houphouet Boigny Foundation for Peace Research.

Yamoussoukro, 12 June 2015.

The Permanent Secretary,
Prof. Dorothé C. SOSSA