Publication of OHADA articles in the Newsletter of April 2009, titled: "Africa Today" by the African Committee of the American Association's Section of International Law

• 21/04/2009
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We are pleased to report that the American Bar Association's Section of International Law, Africa Committee has published in the April 2009 issue of its newsletter, Africa Today, a series of articles on the integration of laws in Africa, with a particular focus on OHADA. In their writings, Roland Abeng, partner in the Abeng law firm in Cameroon, places OHADA among the most successful integration efforts on the African continent, namely, ECOWAS, SADC, CEMAC, BEAC and BCEAO, and Ricardo Silva, an attorney with the Miranda law firm in Lisbon, uses OHADA as an example of successful harmonization. For her part, Justice Anne Afong, presiding judge of the court of first instance in Bamenda, Cameroon, focuses on commercial criminal law within the OHADA territory. She underscores the close relationship between OHADA law, good business governance, efficient implementation of commercial law, and, importantly, criminal law. In the process, Justice Afong emphatically recommends that integration of relevant criminal law be undertaken in an effort to facilitate commerce, and she offers various strategies to accomplish this result. In a timely and important piece, Christian Agbor, an attorney practicing in New York, New York, considers executive compensation under OHADA law, and in particular compensation paid by insolvent companies. In particular, Mr. Agbor emphasizes that the provision of the relevant OHADA uniform act provides for a partial claw-back. For example, managers who have failed in their responsibility as such may be required to repay compensation, and managers who continue to act for a company they know to be insolvent without disclosing that circumstance, they may be found criminally liable. Mr. Agbor points out that managers of certain US companies that are credited with contributing to the current world-wide financial meltdown might have been more effectively constrained by these provisions of OHADA law. Download the newsletter For more information, please contact Club OHADA North America Mr. Victor Agbor Email: washington@ohada.com or cagboresq@hotmail.com Tel: 212-576-1103 / fax: 212-532-1105.