THE COMPLY/EXPLAIN PRINCIPLE IN THE OHADA UNIFORM ACT ON COMMERCIAL COMPANIES AND ECONOMIC INTEREST GROUPS

Abstract

This thesis deals with the apply and explains the principle in the OHADA Uniform Act on Commercial Companies and Economic Interest Groups.

Corporate Governance is a concept adopted under the company law legislation including OHADA laws because the competitive of a company imposes that investors and stakeholders, in general, feel secure with the law in charge of regulating companies.

The legal instrument which ought to be questioned to verify the efficiency of the apply/explain principle is the OHADA UACCEIG since it deals with the management or governance of companies. However this piece of work is ambiguous.

As such, there is need to see how the OHADA Law of the Uniform Act on Commercial Companies and Economic Interest groups has introduced the apply/explain principle to the management of companies and verify if that introduction is well done to impact positively in the management of companies.

The study will be carried out through a literary review, looking at both primary and secondary sources of information. This study reveals that most companies should be governed by good corporate governance codes through the apply/explain principle for the effective management of companies.

Companies have to comply with the provisions of the Codes. If they do not comply should explain noncompliance as it is in the English and French countries which make use of the corporate governance code enacted by them.

LAW PROJECT TOPICS WITH MATERIALS

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