OHADA Session / American Bar Association's Section of International Law /Uniform Business Laws in Africa: OHADA's Contribution to Legal Predictability Date: March 28, 2012 Time: 10:00 AM - 11:30 AM. EST (Teleconference Only)

• 14/03/2012
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The American Bar Association's Section of International Law (ABA International) continues its 2011-2012 series of Rule of Law Informational Sessions. These sessions explore the notion of rule of law, which organizations are involved in fostering the rule of law, and how to get involved. The sessions are free of cost and presented in-person as well as interactive teleconferences (advanced registration is required). Each teleconference will be recorded and accessible on the ABA International Rule of Law Committee website. We are pleased to present this session in conjunction with the Africa Committee. The harmonization of business laws in Africa will promote sustainable economic growth. OHADA is an acronym for a phrase that is often translated into English as: “Organization for the Harmonization of Business Laws in Africa”. This organization promulgates business laws that are uniform across 16 countries of West and Central Africa; in addition, the Democratic Republic of Congo (“DRC”) has signed and ratified the treaty, but has not yet deposited the documents. These OHADA laws cover business from its formation to its winding up, including a business's operation between those two extremes. Laws relative to formation include those on business entities including all forms from sole proprietorships to corporations, and even including cooperatives. The launching and operation of a business is covered by a commercial law, a law on accounting, another on secured transactions, and a law on carriage of goods by road. At the other end, there are laws on insolvency and bankruptcy, and on dispute resolution, this last including not only simplified judicial procedures and the execution of judgments, but also a separate law and procedures on arbitration. Pursuant to the foundational treaty, these laws are automatically part of each member-state's internal law. OHADA offers modern business laws that are transparent and accessible, and are in a setting that maximizes the predictability of their enforcement. While implementation is not yet perfect, OHADA has already demonstrably increased transparency and predictability within its territory. This is significant to business people within the OHADA member-states, of course, but also to foreign investors in and foreign traders with business people in the OHADA territory. For this reason, businesses in Europe and North America, and importantly elsewhere on the African continent, need to know about these laws, uniform across more than 150 million people - 225 million after the DRC completes its adhesion to the treaty. Panelists will provide an overview of OHADA and discuss the law on business entities, with a particular focus on corporate governance. Panelists will also discuss the commercial law and 2011 amendments focused on bringing commercial actors out of the informal sector and into the formal sector. One panelist from Cameroon will provide his experience on the ground with OHADA and the impact of the reforms. Panelists: - Prof. Claire Dickerson, Tulane University Law School (USA) - Dr. Jean Alain Penda, Fubla & ACP Legal (Cameroon) - Me. Xavier Zeno, Attorney, Jeantet & Associés (France) “Dial-In information will be sent out one day prior to the teleconference”. For more information, you may contact : Ms Jacqueline GICHINGA International Program Associate ABA-UNDP International Legal Resource Center (ILRC) Tel. : +1-202-662-1662 Email: Jacqueline.Gichinga@americanbar.org Website: http://ambar.org/ilrc