Faq about commercial companies

FAQ

Everything you need to know about commercial companies

To create an SARL, you must:

The company name;

The corporate purpose;

The amount of share capital;

The name of the bank;

Head office address;

The list of partners with the shares of each by percentage;

The name of the manager(s), their telephone number and the email address of the company.

To create an SAS, you must:

The company name;

The corporate purpose;

The amount of share capital;

The name of the bank;

Head office address;

The list of shareholders with the shares of each by percentage;

The name of the president, his telephone number and the email address of the company.

To create an SA, you must:

The company name;

The corporate purpose;

The amount of share capital;

The name of the bank;

Head office address;

The list of shareholders with the shares of each by percentage;

The list of members of the board of directors or the name of the general administrator;

The name of the chairman of the board, or of the General Director or of the PCA/his telephone number and the email address of the company;

The names of the auditors;

The notary needs less than 24 hours to draw up the constitutive deeds, read, correct and sign them;

Registration formalities can be completed within the same 24 hr, or in less than 24 hr;

The same applies to online posting and submission on the Synergy platform;

Finally, official formalities at Apip take 72 hr.

Proceeding with a transfer of shares in a company consists of:

By the prior establishment of a Pv EGM, noting the manifestation of the desire of the partners or shareholders to proceed with said transfers, and mentioning the complete identity of the transferors and transferees, the numbers of shares or shares transferred, and the amounts corresponding thereto;

The establishment of the transfer documents in question;

And the modification of the statutes.

The causes of dissolution of a company are:

the end of its limitation period;

the extinction of the social object;

Cancellation of the partnership contract by the partners;

Early dissolution pronounced by a judge at the request of one of the partners for good cause;

The shares or shares held by all persons within a company are part of their personal assets, therefore, they automatically fall into their estate in the event of death; The surviving partners therefore have the obligation to inform their heirs of the assets they held within the company, and of their liabilities; It is up to the heirs to be represented by appointing a legal administrator of the assets of the deceased's estate, to continue to represent him in the company, or to sell his assets in order to clear his liabilities.

In the event of bankruptcy, three procedures are provided:

Preventive regulation;

Judicial recovery;

The liquidation of the company's assets;

The appointment of an auditor is mandatory if at the end of a financial year the company meets two (02) of the following conditions:

Balance sheet total greater than ONE HUNDRED AND TWENTY FIVE MILLION (125,000,000) CFA Francs;

Annual turnover greater than TWO HUNDRED AND FIFTY MILLION (250,000,000) CFA Francs;

Staff number greater than FIFTY (50) people.

Even if this threshold is not reached, the appointment of an auditor can be requested in court by one or more partners holding at least one tenth of the share capital.

The contributions auditor intervenes to assess the value of contributions made in kind to a company.

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