The Uniform Act organising collective proceedings for the discharge of liabilities (AUPC), revised on 10 September 2015, applies directly in the seventeen OHADA member States. It provides for conciliation, preventive settlement, judicial reorganisation and liquidation of assets, together with simplified procedures for small enterprises.
Mac Mahon Avocats advises on these matters from Paris, working with partner lawyers admitted to the local bars, who alone provide representation before the national courts.
Insolvency law is the same in every member State: the applicable text, the conditions for opening proceedings, the role of the court-appointed administrator and the time limits do not vary from country to country. What does vary is the court structure — whether a specialised commercial court exists — the language of the proceedings, the regional monetary and banking framework (WAEMU, CEMAC or a national currency) and the local economy, which shapes the nature of the difficulties encountered.
Matters within the OHADA area are handled together with partner lawyers admitted to the local bars. Those colleagues, admitted before the competent courts, carry out procedural steps and appear before the courts. Mac Mahon Avocats works alongside them, providing restructuring advice and coordinating the matter from Paris.
This arrangement complies with the applicable professional rules: the firm does not itself provide court representation before the courts of the OHADA member States.
An initial confidential discussion helps identify the appropriate procedure (conciliation, preventive settlement, judicial reorganisation or liquidation of assets).
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Advisory work only, together with our partner lawyers admitted to the local bars, who provide representation before the competent courts. No outcome can be guaranteed: every situation depends on the facts and on the court's assessment.