Habileté – Disponibilité – Efficacité

REPORT ON “THE OHADA PROFESSIONAL DAYS 2014”, a Seminar co-organized by ATLAS CONGO and D. MOUKOURI & Partners Law firm with the participation of DELOITTE DRC / Kinshasa, October 31 – November 1, 2014

Photo de famille JPO 2014

The OHADA Professional Days 2014 were held over two days on October 31 – November 1,2014 at the SULTANI hotel conference hall in Kinshasa, Democratic Republic of the Congo, under the high patronage of Professor Dorothé COSSI SOSSA, Permanent Secretary of OHADA, on « The Effective management of debt recovery in the Democratic Republic of Congo ».

Co-organized by the debts recovery company ATLAS CONGO and D. MOUKOURI &

Partners Law firm with the participation of the firm DELOITTE RDC, The OHADA
Professional Days 2014 attracted and brought together officials from the Public
Administration of the Democratic Republic of the Congo, especially the Ministry of Finance,the Directorate General of Customs and Excise, the Directorate General of Taxes, the Directorate General of Administrative Revenue, Lawyers, Company Secretaries, Credit analysts, Professionals in charge of debts recovery in commercial banks and Financial institutions, Professionals in charge of litigation in commercial companies and Company Managers.

Considering the impact of the innovative nature of debts recovery procedures instituted by OHADA on the business environment in the Democratic Republic of the Congo, it was
necessary during this training seminar, to put at the disposal of all participants, the most efficient and recent methods for a proper management of recovery procedures. The aim was to offer a panorama of solutions likely to substantially meet the expectations of Legal Professionals, State representatives and Company Managers, through three modules, namely :

The originality of the new recovery procedures instituted by OHADA and the recovery of State debts.

  • Optimal management of recovery related litigation.
  • Efficiency in the recovery of bank loans.

The training session began on October 31, 2014 at 9H05 min, with an introduction of the moderator and a welcome note from Mrs. Sandrine MBOYO, Executive Manager of ATLAS CONGO. She first thanked the Permanent Secretary of the OHADA for the renewed confidence in the organizers of “The OHADA Professional Days”, and then welcomed the high turn-out of professionals from the DRC, before wishing an excellent training to all.

Panel d'intervenantsBarrister Danielle MOUKOURI, Attorney at Law and Member of the Cameroonian Bar Association, then intervened, edifying the participants on the formalism and exactitude which characterize the procedures of injunction to pay and an injunction to deliver or restitute, through her presentation entitled: Injunction to pay and injunction to deliver or to restitute – The precision of the major principles.

The principles were demonstrated through the recent Case law of the Common Court of
Justice and Arbitration (CCJA) of OHADA. The discussion subsequently edified on items
such as the preparation of procedures by the creditors, and the subtleties of the conciliation phase of the opposition to an injunction to pay.

The second presentation was handled by Professor Joseph DJOGBENOU, Professor of law, Attorney at Law and Member of the Benin Republic Bar Association. The topic was: The simplified nature of the procedures of injunction to pay and injunction to deliver or to restitute. The rationale for these procedures was clearly defined and the elements of
simplification were exhaustively listed.

Professor Joseph DJOGBENOU, concluded with the third présentation of the seminar on: The effectiveness in the recovery of bank loans – What strategies? This was precisely about presenting all the aspects of legal engineering for a practical debt recovery. From the provisions common to all the techniques of recovery to the judicial and non-judicial strategies of debts recovery, all the stages of the elaboration of pertinent debt recovery methods were detailed.

The cases subsequently studied, led to the conclusion that, doing a proper diagnosis is
essential to ensure the appropriateness of the recovery strategy chosen.

Participants en atelier

On November 1, 2014, the second day of the seminar started with a pertinent resentation on The relevance of a writ of execution in enforcement measures by Mrs. KITETE LOSAMBA Marie, President of the Commercial Court of BOMA (DRC). After a precise definition of the writ of execution, she laid emphasis on the various seizures which cannot be carried out without a writ of execution and on seizures that do not require a writ of execution.

Late that morning, Mr. Yves MADRE, Attorney at Law, Member of the Paris Bar, Associate at DELOITTE DRC in charge of tax and legal advice, presented with pragmatism on the topic: State debts – The recovery in the Democratic Republic of the Congo: The available solutions.

After presenting the principles laid down by OHADA and identifying the persons enjoying immunity from execution, a relevant discussion on CCJA Case law followed. He concluded by the panorama of solutions available to facilitate the recovery of State debts.

In the course of exchanges, it was clarified that the list of repealed national laws is available at the OHADA National Commission-DRC.

The OHADA Professional Days 2014 were concluded through the évaluation of the meeting by the participants and the transmission of all the presentations, case studies and legal drafts, as well as attestations of participation. Thereafter, all the speakers thanked the Organizing Committee for the outstanding work and expressed their satisfaction with the content of the discussions with the participants. They also stressed the need for preserving this exchange forum between professionals within the OHADA Zone. The closing words were pronounced by Mrs. Sandrine MBOYO who did not fail to thank the participants for their contribution to the success of this training seminar.

This event benefited from a media coverage specially offered by the main offices of the radio and television of the Democratic Republic of the Congo.

For any additional information, please contact:

Mrs. Sandrine MBOYO

E-mail : mboyosandrine@gmail.com

Tel. : +243 82 58 81 213 / +243 85 01 39 857

Or

Barrister Danielle MOUKOURI

Email : d.moukouri@moukourilaw.com
Tel : +237 233 42 25 44 / +237 233 08 23 34

UNIDA / OHADA.com

 

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