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How will OHADA affect secured lending in the DRC?

06 July 2010

DLA Piper’s James Willcock assisted by DLA Piper's Herman Lemaire and Emmanuel Lubala analyse what impact West-African legal treaty OHADA will have on secured lending within the Democratic Republic of Congo.

Read more: [OHADA Democratic Republic of Congo] [Organisation for the Harmonisation of Business Law in Africa ]

The impact of OHADA on the DRC: what do lenders need to know?

In 11 February 2010 the Democratic Republic of Congo’s President, Joseph Kabila, approved law number 10/002 authorising the accession of the DRC to the Organisation for the Harmonisation of Business Law in Africa (commonly known by its French acronym, OHADA).

The DRC’s accession will be complete once it has ratified the founding treaty of OHADA and deposited the relevant instrument with the Government of Senegal, sixty days after which, the laws of OHADA will apply within the DRC; a process which has yet to be completed.

OHADA and the uniform acts

OHADA currently comprises 16 (West African) member states (seventeen, following the accession of the DRC) with the stated aim of strengthening the African legal system by enacting a secure legal framework for the conduct of business. This is achieved by issuing unified legislation...


Poll

Will Russia’s recent ban on grain exports result in a significant rise in private risk insurance claims from grain traders unable to fulfil their contracts?

Yes – there will be more claims. The government’s actions allow traders, with PRI cover, to make claims through contract frustration.
8%
No - the majority of Russia’s wheat production, some 70%-80%, is used for domestic consumption so the contracts represent only a small portion of the total wheat market, limiting the amount of potential claims.
23%
No - traders had a week’s notice before the ban allowing them to secure alternative supplies to fulfil contracts stated as optional origin.
23%
Maybe - but claims are likely to be limited to traders dealing in soft wheat whose contracts demand they source wheat only from Russia.
46%