OHADA Law
The firm has strong command of the Uniform Acts of the Organisation for the Harmonisation of Business Law in Africa and supports clients in applying them in Chad and other member states.
Chad is one of the seventeen member states of the Organisation for the Harmonisation of Business Law in Africa. The Uniform Acts adopted by OHADA apply directly there and prevail over conflicting national provisions: they govern general commercial law, companies, security interests, debt recovery, insolvency, arbitration, mediation and accounting, among other fields.
This harmonisation gives businesses a common framework from one country to the next, but it requires uniform law to be properly combined with national legislation, which continues to govern tax, employment law, procedure and criminal penalties. FN & PARTNERS assists its clients with this combination, in advisory work and in litigation, up to cassation appeals before the Common Court of Justice and Arbitration (CCJA) in Abidjan.
Issues We Handle
- Application of the Uniform Acts (commercial companies, securities, insolvency, debt recovery)
- Aligning contractual practice with OHADA law
- Litigation before national courts and the CCJA
- Structuring of security interests and guarantees
Clients We Serve
- Commercial companies
- Regional investors
- Financial institutions
How We Work
Legal opinions
Analysis of an issue in light of the Uniform Acts and CCJA case law, with a practical recommendation.
Compliance reviews
Review of the company’s articles, contracts, guarantees and practices to align them with the uniform law in force, including after a Uniform Act has been revised.
Security interests and guarantees
Selection, drafting and registration of security (suretyship, independent guarantee, pledge, mortgage) and follow-up of enforcement.
OHADA litigation
Representation before national courts and support for appeals before the CCJA, as well as arbitration and mediation proceedings.
Our Approach
Continuous monitoring of the case law of the Common Court of Justice and Arbitration (CCJA) to anticipate developments in harmonised law.
Legal Framework
- Treaty on the Harmonisation of Business Law in Africa (Port Louis, 1993, revised in Quebec in 2008)
- Uniform Acts: general commercial law, commercial companies and EIGs, security interests, insolvency, arbitration, mediation, accounting law
- Uniform Act on simplified recovery procedures and enforcement measures, revised in 2023
- Common Court of Justice and Arbitration (CCJA) and its arbitration rules
- Trade and Personal Property Credit Register (RCCM)
Frequently Asked Questions
The firm supports clients in OHADA-related proceedings, including where an appeal before the CCJA is contemplated.
Yes. Uniform Acts are directly applicable and binding in the member states, including Chad, without any national implementing legislation. Conflicting national provisions are set aside.
The CCJA is the court of cassation for disputes governed by the Uniform Acts: its decisions are binding in all member states. It also administers an arbitration centre and gives opinions on the interpretation of uniform law.
CCJA judgments are made enforceable in each member state. Decisions of foreign national courts and arbitral awards, however, must obtain exequatur under the applicable rules. The firm assesses the appropriate route for each instrument.
This information is general in nature and does not constitute legal advice. Every situation calls for specific analysis: please contact the firm before making any decision.
Let’s discuss your situation
A first conversation helps define your need and outline the options available.
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