Navigating the Uniform Act of 17 October 2023: A Businessperson’s Guide to Simplified Recovery Procedures and Enforcement Measures

Businessperson: "I’ve heard about the new OHADA Uniform Act of 17 October 2023. What exactly is it, and how does it affect my business?"

Lawyer: "Great question! The Uniform Act of 17 October 2023 is a significant legal framework introduced by the Organization for the Harmonization of Business Law in Africa (OHADA). This Act simplifies the procedures for debt recovery and enforcement of legal judgments across the OHADA member states. It’s designed to protect creditors while ensuring that the rights of debtors are also respected."

Businessperson: "How does the Act ensure the documents and procedures are secure?"

Lawyer: "The Act permits documents related to debt recovery and enforcement to be drawn up either on paper or electronically. Electronic documents are considered equivalent to paper documents if they are created and maintained using reliable technical processes. These processes must ensure the accessibility, origin, and integrity of the documents throughout their electronic lifecycle."

Businessperson: "That sounds pretty secure. But what happens if there's an error in the documents or if something isn’t done correctly?"

Lawyer: "Good point! The Act is strict about the form and content of these documents. For example, any document drawn up by a Bailiff or Process-server must include specific information, such as the date, identifying details of the parties involved, and the signature of the officer responsible. If these details are missing, the document could be considered null and void. However, nullity is only declared if the error causes harm to the involved party, unless it’s a substantial formality required by law."

Businessperson: "What about deadlines? Are there specific timeframes I need to be aware of?"

Lawyer: "Yes, deadlines are crucial. The Act specifies that any action or formality must be completed within the time limits set by law. These time limits begin from the date of the action, decision, or notification that starts the clock. For instance, if a deadline is set in days, it doesn’t include the day the event happens or the day it ends. If the deadline falls on a non-business day, you can complete the action on the next business day."

Businessperson: "What if someone tries to serve me documents, but I’m not available to receive them?"

Lawyer: "The Act covers that too. Service of documents can be done in person, on paper, or electronically. If personal service isn’t possible, the documents can be handed to someone else at your residence, such as a family member or an employee, and the Bailiff must record their identity. If no one is available, the Bailiff can leave the documents with a local authority or send them by registered mail. This ensures that the service of documents is always traceable and accountable."

Businessperson: "This all sounds very thorough. What should I do if I think a document served to me is invalid?"

Lawyer: "If you believe a document has a formal defect, you can challenge it, but you need to prove that the error has caused you harm. The Act is clear that not every mistake will render a document invalid—only those that violate substantial legal requirements or harm the parties involved. If the error is minor and doesn’t affect the document’s validity, it likely won’t be nullified."

Businessperson: "Thanks for breaking it down. It seems like this Act really tightens up the rules and ensures fairness."

Lawyer: "Absolutely! It’s all about creating a balanced system that protects the rights of both creditors and debtors while making sure that legal processes are clear and enforceable across the OHADA region."

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Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and regulations can change, and their application may vary based on specific circumstances. Readers are advised to consult with a qualified legal professional for advice tailored to their individual situation. Solafide and its affiliates are not responsible for any actions taken based on the content of this article.