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The Organization Of Business Law In Africa (OHADA)

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As an international firm, Fasken has one of the largest legal teams dedicated to Africa, including within the Organization for the Harmonization of Business Law in Africa (OHADA) Space. Born of the political and economic will to enhance the legal system, the OHADA’s objective is to create a modern, effective legal framework conducive to the proper conduct of business and investment. Fasken understands OHADA law and will guide you during every step of your project or dispute, supported by its network of local law firms in each OHADA member country.

The OHADA Space comprises 17 state members: Côte d’Ivoire, Cameroon, Benin, Burkina Faso, the Central African Republic, Congo-Brazzaville, the Democratic Republic of Congo, Gabon, Guinea-Bissau, Guinea Conakry, Equatorial Guinea, Comoros, Mali, Niger, Senegal, Chad and Togo.

Fasken, in partnership with our network of accomplished and trustworthy local law firms, assists clients with any commercial or corporate legal issue within the OHADA Space. Be it to incorporate a company or for more complex transactions throughout the development of your commercial activities, our team can predict the risks and advise you appropriately thanks to its practical experience on the ground. We can help you put in place commercial contracts, as well as assist you in a context of restructuration or business expansion. We can also guide you during the due diligence process in the context of an acquisition of companies operating within the OHADA Space, whether it involves asset, share or project financing transactions. We will assist you in drafting transactional documents and implementing security documents or other mechanisms to protect your investments. We can also help you obtain certification or administrative authorizations required to complete your activities.

Also, the OHADA treaty offers two dispute resolution mechanisms: arbitration or litigation. Fasken can advise you on how to manage OHADA legal disputes.

Our team has a comprehensive understanding of the legal constraints specific to OHADA, related to introducing and developing client projects. We can provide strategic counsel tailored to each stage of your project, no matter how complex.

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