TEMPLATES OF BUSINESS LAW ACTS AND CONTRACTS IN THE OHADA ZONE
Templates of Ohada Companies Incorporation Promises (English)
The company incorporation promise is the document to be drawn up by the promoters of an investment project requiring the setting-up of a business structure who wish to draft its surroundings in advance and lay them down well, thus avoiding last-minute not correctly addressed points because they are very focused on the other (multiple) aspects of such project.
Purpose of a company incorporation promise
In this document, the future partners/shareholders ready to get involved in this business project thus undertake to set up their business structure in the near future, some elements of which will be specified.
Why a company incorporation promise instead of directly starting the registration formalities ?
In the implementation of such projects, a lot of data must be taken into account in several areas, so the "structure setting-up component” may sometimes be temporarily put aside "in the meantime..... ».
However, the company incorporation promise is useful when the project is complex, requires long or delicate negotiations, or simply when the promoters intend to organise the implementation plan of their project well by anticipating, since a number of essential acts of the project will have to be carried out by some of the future partners/shareholders before the company is even formed.
In summary, the company incorporation promise is a document enabling the promoters to ensure the seriousness of their common project, and to start placing the first pieces of the puzzle of this project.
The templates of company incorporation promises proposed here are not the type of basic documents of a few pages, though well suited to some people, which can be downloaded free of charge.
Indeed, in the implementation process of this type of project, the promoters often have so many points and areas to take into account (technical, commercial, etc.) that they sometimes consider the setting-up of their structure as a simple formality and a burden to be totally "transferred" to the professional in charge with "minimal elements".
The templates of company incorporation promises proposed here solve this problem by including several important points (not mentioned in the free standard internet versions) that the promoters will therefore take into account : they will not say afterwards: "why didn't we think about that ! ».
Finally, it should be noted that the templates are proposed in two categories:
. simple templates where many important points are included, as mentioned above,
. the other category of templates has the same content with the inclusion by the promoters of their choice on a certain number of points they wish to see mentioned in the future articles of association of their structure.
Indeed, Ohada Uniform Act provides various options for adjusting the articles of association of Ohada business structures, thus requiring choices to make by the partners and shareholders, who are not thus left with articles of association with standard provisions not corresponding to their needs, but evolve in their structure with documents truly adapted to their needs.
However, this is not always taken into account by promoters, whereas this lack of choice is not without consequences.
. 1st situation: the Uniform Act enables you to include something in the articles of association of your company and specifies that if you do not mention anything, it is the provision it includes which will automatically apply. Fine if this suits you, too bad for you if it does not suit your needs, because it is not at the time of litigation that you will be able to change it at the last minute. So you have to make a choice if you want to avoid this situation;
. 2nd situation: the Uniform Act enables you to include something in the articles of association of your company but does not provide for anything on this point. If you do not, yourself, specify anything on such point, you will face a legal loophole and a lack of governing rule to apply to manage the situation or the point concerned .... with the corresponding complications in the event of litigation. So here too, you need to make a choice.
To these 2nd types of templates are therefore attached the corresponding relevant elements, some of which must be annexed to your company incorporation promise according to the instructions given, to be duly taken into account when the articles of association are drawn up.
THE VARIOUS TEMPLATES PROPOSED
PUBLIC LIMITED COMPANIES
. COMPANY INCORPORATION PROMISE IN THE FRAMEWORK OF AN INVESTMENT PROJECT IN THE OHADA ZONE (Public limited company with a general director) (10 pages)
PRIVATE LIMITED COMPANIES
. COMPANY INCORPORATION PROMISE IN THE FRAMEWORK OF AN INVESTMENT PROJECT IN THE OHADA ZONE (Private limited company) (9 pages)
SIMPLIFIED PUBLIC LIMITED COMPANIES
. COMPANY INCORPORATION PROMISE IN THE FRAMEWORK OF AN INVESTMENT PROJECT IN THE OHADA ZONE (Simplified Public limited company with a collegial management scheme) (10 pages)
PDF. Unit price : CFA F 60 000 - 102 US $ - 92 - €
Templates with the inclusion of the promoters’ statutory choices.
PDF. Unit price : CFA F 90 000 - 153,50 $ EU - 136,50 €
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