Business Law in Africa: Ohada and the Harmonization Process by Boris Martor, Nanette Pilkington, David S Sellers, Sebastien

By Boris Martor, Nanette Pilkington, David S Sellers, Sebastien Thouvenot

Criminal harmonization is a necessary step to encouraging international funding in Africa and the advance of sustainable pan-African exchange. Now in an absolutely up to date second version, enterprise legislation in Africa explains the recent approach of legislation, now being built and promoted by way of the association for the Harmonization of industrial legislation in Africa. OHADA's crucial objective is to advertise monetary integration and improvement via making a safe criminal framework for the behavior of commercial in Africa. so one can do so target, OHADA has enacted a couple of legislation, often called Uniform Acts, on numerous facets of commercial legislation together with advertisement and corporate legislation, insolvency, securities and arbitration. those Uniform Acts are without delay appropriate all through OHADA's member states and the purpose is to recruit extra participants and to unfold the foundations of OHADA throughout Africa. This authoritative booklet bargains an outline of the goals and achievements of the OHADA approach and explains intensive the laws that has been issued to this point.

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Article 274. Article 19. 23 To properly deliver the type of services envisaged by the Uniform Act, all the RCCM offices within the Member States will have to be fully organized and computerized on the same system. This is proving to be a very long process and at present the old national systems are still being operated in some countries. 2. 25 The documents required for registration are listed in Articles 25 and 26 of the Uniform Act (for individuals), Articles 27 and 28 (for companies) and Article 29 (for branches).

Consequences of direct applicability Pursuant to Article 10 of the treaty, Uniform Acts are directly applicable and binding in the Member States, notwithstanding any conflicting provision of national law, be it previous or subsequent. This provision gives rise to certain problems of interpretation concerning the extent to which national laws are abrogated by virtue of the Uniform Acts. A first possible interpretation is that only those national laws, or individual provisions of those laws, that are actually contrary to a Uniform Act should be considered as abrogated.

Collective work relationships A section of the draft deals with collective work relationships, in particular the election of staff representatives (although there is no mention of work councils), the protected status of such representatives and the right to belong to trade unions. 5. Collective bargaining Finally, the draft recognizes the right for employers and trade unions to enter into collective bargaining agreements, which will prevail over the provisions of the Uniform Act if they are more favourable to employees.

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