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Institute of Advanced Technological and Commercial Studies

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OHADA company law

Choosing a company form commits directors' liability, required capital, governance and taxation. OHADA law provides a framework common to seventeen countries, which makes this skill directly transferable.

What the company form commits

The chosen form determines four things at once: how far shareholder liability extends, what capital is required, how decisions are taken and to whom directors answer. These four effects apply from incorporation and are changed afterwards only through a procedure. That is why the choice is made in calm, on the real project: number of partners, capital to raise, planned investor involvement, regulated activity.

  • The extent of partner liability, according to the chosen form
  • The capital required and how it is paid up
  • The decision-making bodies and the majorities required
  • Publication and financial statement filing obligations
  • The director's civil and criminal liability in office

The steps of an incorporation

  1. 01

    Settle the project

    Partners, contributions, activity, desired governance. These four elements point to the suitable form.

  2. 02

    Draft the articles

    The articles organise power and anticipate a partner's exit. It is the document that will be re-read in ten years.

  3. 03

    Raise and pay up the capital

    Cash and in-kind contributions, valuation, deposit: each mode produces its own legal effects.

  4. 04

    Register and publish

    Registration confers legal personality. Publication makes the company enforceable against third parties.

The business law programme, block by block

From company law to insolvency proceedings, by way of security interests, compliance and taxation. The final workshop produces a complete compliance file for a real company.

Teaching blockYearHoursCredits
OHADA company law1280 h28
Contracts and obligations1260 h26
Security interests and recovery2260 h26
Insolvency and arbitration2240 h24
Compliance and anti-money-laundering3280 h28
Corporate taxation3200 h20
Cross-curricular base1-3160 h16
Workshop and placement3120 h12

Common legal questions

Does OHADA law apply identically everywhere?

The uniform acts form a base common to member states, which makes the skill transferable. National provisions complete that base on specific points, and the programme teaches how to identify which ones to consult.

Does this programme lead to a regulated profession?

It trains for legal and compliance roles held within companies: legal assistant, compliance officer, head of compliance. The corresponding titles appear in the catalogue with their level and volume.

Is prior legal knowledge required?

The programme builds legal reasoning from first principles and devotes a cross-cutting block to consultation methodology and documentary research. The real prerequisite is stated on the programme page.

OHADA company law — Resources | IHETC — IHETC