CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
against the company must be declared to the syndic within two months following the second publication of the insolvency judgment. This period is extended to three months for creditors residing outside the national territory. In principle, the declaration must contain the amount of the claim and its due date. The declaration must also specify the type of security attached to the claim (if any). Creditors should also provide the syndic (to the extent possible) with any evidence of the exist - ence of their claims. The syndic will provide a receipt to the creditors confirming that their declarations have been duly received. Note that insolvency proceedings suspend and pro - hibit any individual claim initiated by a creditor. Two situations may occur, as set out below. • The juge commissaire may decide that the activi - ties of the company must be continued (legal redress, or redressement judiciaire ). In a legal redress, the directors/managers of a company are assisted by the syndic in the administration of the company. Any commitment or operation made by the directors/managers without the assistance of the syndic is not enforceable towards third parties. • The juge commissaire may decide that the activi - ties must be terminated (liquidation). In the event of a liquidation, the directors/managers of a company are removed from their duties. Only the syndic is allowed to represent the company during the liquidation. 2.9.2 Overview of Relevant Types of Voluntary and Involuntary Restructurings, Reorganisations, Insolvencies and Receivership See 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisa- tions, Insolvencies and Liquidations . 2.9.3 Co-Ordination, Recognition or Relief in Connection With Overseas Proceedings The Uniform Act on Insolvency is applicable in prin - ciple when the local tenant is in financial difficulty. Nevertheless, if the international leasing agreement so provides or the liquidator deems it relevant, all the good practices applicable in this matter may be
applied, in particular, the adoption of co-ordination principles such as the American Law Institute and International Insolvency Institute Guidelines Appli - cable to Court-to-Court Communications in Cross- Border Cases 2001, the INSOL International (Inter - national Association of Restructuring, Insolvency and Bankruptcy Professionals) Global Principles for Multi-Creditor Workouts 2000, the UNCITRAL Model Law on Cross-Border Insolvency, or any other relevant international principles or rules. The 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 an OHADA member state (eg, the Republic of Congo), are rec - ognised and enforceable in the territory of the other member states. The Recognition of Decisions Pronounced Outside the OHADA Area Under the Uniform Act on Insolvency, a foreign repre - sentative may apply to the competent domestic court to recognise and oversee proceedings for which they have been appointed as a representative. As such, an application for recognition will be submitted with the following documents: • a certified copy of the decision to open the foreign collective proceeding and to appoint the foreign representative; and • a certificate from the foreign court attesting to the opening of the foreign collective proceeding and the appointment of the foreign representative. The application for recognition will also be accompa - nied by a statement identifying all foreign collective proceedings concerning the debtor that are known by the foreign representative. All documents provided in support of an application for recognition will have to be drafted or translated into French.
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