CHAD Law and Practice Contributed by: Claudy Monja and Felana Ranaivoson, John W Ffooks & Co
Recognition of Decisions Pronounced Outside the OHADA Area A foreign representative can file an application with the court of a member state (eg, a Chadian court) for the recognition of foreign proceedings. The applica - tion must include the following documents: • a certified copy of the decision opening the foreign proceedings and appointing the foreign representa - tive; • a certificate from the foreign court attesting to the opening of the foreign proceedings and the appointment of the foreign representative; or • in the absence of the documents referred to in the first two bullet points, any other evidence of the opening of the foreign collective procedure and of the appointment of the foreign representative that may be accepted by the competent court. All supporting documents provided for recognition of a decision must be written in, or translated into, the official language(s) of the relevant member state. The competent court must verify the various condi - tions listed in the Uniform Act on Insolvency for the recognition of foreign insolvency proceedings. 2.9.4 Effect of Lessee’s Insolvency on a Deregistration Power of Attorney In the event that the lessee is declared insolvent by a Chadian court, the judgment pronouncing the insol - vency proceedings suspends and prohibits all indi - vidual claims that order the lessee to pay an amount of money or terminate an agreement following an event of default. The repossession of the aircraft will be affected by the insolvency proceedings. The lessors could be allowed to use the deregistration power of attorney or an irrevocable deregistration and export request authorisation (IDERA) if it complies with the procedure of declaration mentioned in 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations . For this purpose, the lessor must specify in its decla - ration that it intends to exercise its droit de revendica- tion , or reclamation right.
initiation of insolvency proceedings. The cessation of payment and the insolvency proceedings (ie, a judicial restructuring or a winding-up) can also be requested by the creditors or the court itself. In theory, three sce - narios are possible: • self-declaration; or • request by the creditors; or • request by the court. 2.9.3 Co-Ordination, Recognition or Relief in In the event of an international insolvency proceeding, the competent court may co-operate as far as pos - sible with foreign courts or foreign representatives, either directly or through the syndic . Connection With Overseas Proceedings Co-Operation on Overseas Proceedings In addition, the competent court will be entitled to (i) communicate directly with foreign courts or rep - resentatives; or (ii) request information or assistance directly from them. In all cases, the local courts must comply with the provisions of the Uniform Act on Insolvency. There is no specific provision under local law for adopting co-ordination principles (most notably, the American Law Institute and International Insolvency Institute Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases 2001, and the INSOL International (International Association of Restructuring, Insolvency and Bankruptcy Profes - sionals) Global Principles for Multi-Creditor Workouts 2000). Recognition of Proceedings Opened Within the OHADA Area The Uniform Act on Insolvency is applicable for the recognition of foreign proceedings. It is understood that judgments opening and closing insolvency proceedings, as well as those that settle disputes arising from such proceedings in a member state (eg, Chad), are recognised and enforceable in the territory of the other member states.
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