Decree No. 2021-444 Of 08 7. 2021

Original Language Title: Décret N° 2021- 444 du 08 sept. 2021

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Vu


AECK4/ÿG


REPUBLIC OF BENEIN Brotherhood-Justice-Labour


PRESIDENCY OF THE REPUBLIC


ORDER N. 2021 -444DILJ 08 SEPTEMBER 2021 approving the statutes of the Fonds de Développement de l' Artisanat.


THE PRESIDENT OF THE REPUBLIC,


HEAD OF STATE,


HEAD OF GOVERNMENT,


Vu


Law No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin, as amended by the Law n "201940 of 07 November2019: the Law n" 2020-20 d u 02 September 2020 establishing, organ isation and business function The decision on the proclamation, on 21 April 2021 by the Constitutional Court, of the final results of the presidential election of 11 April 2021; the decree n 2021-257 of 25 May 2021 portanl Government; Decree No. 2021-401 of 28 July 2021 fixing the structure of ministries; Decree No. 2021-307 of 09. June 2021 on the remit, organisation and operation of the Ministry of Economy and Finance; Decree n " 2020-028 of 15 January 2020 on the powers, organisation and operation of the Ministry of Small and Medium-Sized Enterprises and Promotion of employment; proposal by the Minister for Small and Medium-Sized Enterprises and Promotion of Employment,


Council of Ministers heard at its meeting on 08 September 2021,


VU


Vu


Vu


Vu


Vu


On


The


DEADED


Article 1


The statutes of the Fonds de Développement de l' Artisanat are hereby approved as annexed to this Decree.


Article 2


The accounting and financial management of the Artisanat Development Fund is carried out according to the rules of management of private law.


Article 3


Minister of Small and Medium-Sized Enterprises and Promotion of Employment


The Minister for the Economy and Finance is responsible for the


The application of this Order.


Article 4


This Order, which takes effect from the date of its signature, repeals all


Previous contrary positions.


It will be published in the Official Journal.


By the President of the Republic, Head of State, Head of Government,


-i-j


Patrice TALON. -


The Minister of Economy and Finance,


Romuald WADA Minister of State


The Minister of Labour and Public Service,


Minister of Small and Medium-Sized Enterprises and Promotion of Employment,


Adidjatou A. MATHYS Modeste Tihounté KEREKOU


AüEt! In ILgllg: PR:6-AN4-CC2 -- cS2-HAAC2-CES2-HCJ2-MEF2-MPMEPE2-AUTRESMINISTERES20-SGG 4. JORB 1,


Done at Cotonou, 08 September 2021


(


CHAPTER I: OBJECT-LEGAL REGIME-SUPERVISORY AUTHORITY-POWERS


Article 1: Purpose


These provisions shall lay down the statutes of the public institution of a social character, hereinafter referred to as " Artisanat Development Fund ".


Article 2: Legal regime


The Fonds de Développement de l' Artisanat (FDA) has legal personality and


Financial autonomy. Ll be governed by the provisions of this Statute, of the Law n " 2020-20


Of 02 September 2020 establishing, organising and operating public undertakings in the Republic of Benin and the Uniform Act of I ' OHADA relating to company law


Trade and economic interest groups.


Article4: Social


The head office of the Fonds de Développement de l' Artisanat is set in Cotonou.


Transferred to any other place of national territory by decision of the Council of Ministers and on


Proposal of the Council of Adm in istration.


Article 5: Mission and responsibilities


The Fonds de Développement de l' Artisanat is a financing mechanism for the


Mission to contribute to the promotion and development of the craft sector in Benin.


As such, it is responsible for:


-to seek and mobilise financing adapted to the development of the craft sector;


-to fund programmes and projects for the development of the craft sector; - to contribute to the financing of the promotion of products and services


Craft;


STATUSES


FROM THE CRAFT DEVELOPMENT FUND


Article 3: Tutelle


The Fonds de Développement de I ' Artisanat (FDA) is under the supervision of the ministry in


Charge of the Crafts.


CHAPTER 2: ORGANIZATION AND OPERATION


Article 6: Legislative body


The Council of Ministers is the legislative body of the Fonds de Développement de l' Artisanat. Ll


Makes decisions that fall within the powers of the sole shareholder or the assembly


General shareholders in companies.


Article 7: Powers of the Legislative Body


The deliberative body is responsible for:


-amend the statutes in all their provisions; - transfer the registered office to any other city in the national territory in which it is situated; - authorise the transformation of the Development Fund of the Crafts; - appoint the members of the Council Administration and the Commissioner of


Accounts;


-decide on the summary financial statements of each financial year; - decide on the allocation of the result; - decide on the report of the auditor on the agreements concluded between


The Artisanat Development Fund and social leaders and approve or


Refuse to approve such agreements.


Article 9: Powers of the Board of Directors


The Board of Directors has the most extensive powers to determine the


Activities of the Fonds de Développement de l' Artisanat and ensure that all


Circumstances, to their implementation.


As such, it is responsible for:


2


Contribute to the financing of professional organisations of craftsmen and technical support structures in the craft sector;


Seek adequate financial resources to accompany the implementation


Infrastructure dedicated to the development of handicrafts;


Contribute to the financing of the training and retraining of craftsmen for a


Supported development of the craft sector.


Article I: Board of Directors The Artisanat Development Fund is administered by a Board of Directors.


Article 10: Composition of the Board of Directors


The Board of Directors is composed of seven (07) members, namely:


-one (01) representative of the Presidency of the Republic; - one (01) representative of the Ministry in charge of the Crafts; - one (0 ' 1) representative of the Ministry responsible for Development; - one (01) representative of the Ministry responsible for finance; - one (01) representative of the Ministry of Labour; - one (01) representative of the National Confederation of Artisans of Benin; - one (01) representative of the Chamber of Crafts of the Crafts of Benin.


Article 11: Organization of the Governing Council


The Council may entrust to one or more of its members permanent missions or


They determine and delegate the powers they deem appropriate. Ll decide


The creation of committees to consider the issues before it.


3


-to define the objectives of the Craft Development Fund and the direction to be given to its administration;


-adopt the organisational structure and procedures of the Craft Development Fund; - adopt the budget, investment plans and strategic development plans


The Craft Development Fund;


-to ensure the ongoing monitoring of the management by the Director-General; - to review the reports of activities of the Development Fund of the Crafts and


Annual performance reports;


-adopt the financial statements prepared after each financial year by the Director-General; - adopt the procurement plans in respect of public contracts and authorize the


Other conventions of significant importance passed by the Director General;


-approve the rules of procedure proposed by the Director-General; - approve the compensation plan for staff of the Development Fund


The Crafts;


-recruit the Director-General and decide on his dismissal in the event of default or inadequacy of results;


-propose to the supervisory authority, where appropriate, the conversion or dissolution of the Craft Development Fund and any amendment to the statutes;


-authorize donations and bequests.


Article 12: Appointment and mandate of members of the Board of Directors


The members of the Board of Directors are appointed by Order in Council of the


Ministers, on the proposal of the appropriate Minister, after their appointment by the authorities or


Structures represented, for a renewable term of three (03) years.


The term of office shall expire at the end of the session of the Board of Directors having ruled on


The accounts of the last year of office, except for the appointment of new members to the


Term of the three (03) years.


Article 13: Presidency of the Executive Board


The Board of Directors is chaired by the representative of the Ministry of Guardianship.


The President of the Board of Directors is responsible for:


-ensure that the Board of Directors assumes control of the management of the


Director General and, for that purpose, shall carry out, at any time, the checks it considers


Useful in the performance of its mission;


-convene the meetings of the Board of Directors;


-coordinate the relations of Council members with the Directorate-General and


Requests for information.


The term of office of the President of the Board of Directors may not exceed that of his


Administrator mandate.


In the event of the absence or incapacity of the President, the Council shall designate at each sitting:


Of its members who will chair the session.


Article 15: Periodicity of meetings of the Governing Council


The Board of Directors shall meet as often as necessary, upon convocation by the


Chair who sets the agenda for the meeting.


However, the directors of at least one third of the members of the Board


May, by indicating the agenda of the meeting, convene the Council


If the administration has not met for more than two (02) months'


4


Article 14: Vacancy as an administrator.


In the case of a vacancy for transfer, resignation, death or for any other reason, the


Member concerned shall be replaced by the authority or structure represented within a period of thirty


(30) days from the date of occurrence of the event that caused the vacancy.


The substitute member shall continue the current term of office for the remainder of his term. Ll name


By decree adopted in the Council of Ministers.


The convocation, the agenda and the corresponding files shall be sent to each member


At least seven (07) days before the meeting by mail or e-mail with acknowledgement of receipt. This


Period can be reduced in case of emergency.


The Council meets at the headquarters of the Development Fund of Artisanat. However, it can


Assemble in any other place, on express consent of the majority of the directors. Ll can


Also meet at a distance, through technical means, in particular by means of


Videoconferencing, provided that these ensure the reliability and integrity of the


Exchanges.


Article 16: Quorum of the meeting of the Governing Council


The Board of directors shall sit validly only if all members have been


Regularly summoned and if at least one-half (1/ 2) of its members are present or


Represented.


In the absence of the President, the Board shall appoint a Presiding Officer.


Article 17: Rules of representation


An administrator can only be represented by another administrator. Similarly, a


Administrator can represent only one administrator '


Article 18: Majority of decision-making


Decisions of the Board of Directors shall be taken by an absolute majority of the votes of the


Members present or reintroduced.


In the event of a tie, that of the President shall be paramount.


Decisions of the Board of Directors shall be recorded in minutes recorded in


A special register, side and initialled at the court level for the location of the headquarters of the


Development of the Artist. The Minutes shall be signed by the President and one


Appointed at each session of the Board.


Article 19: Secretariat of the Executive Board


The Director-General of the Development Fund of Artisanat attends meetings of the


Board of Directors with advisory voice.


Ll provide the secretariat for meetings of the Board of Directors


5


Article 20: Assistance of persons


The Board of Directors may appeal to any person who may


Expertise in a particular field and to inform it during its work. The Person


Resource is not deliberative and its presence is required only on the occasion of


Discussions on the subject matter.


Article 21: Directors' function


Members of the Board of Directors shall be entitled to indemnities for office and other


Benefits in accordance with existing legislation.


Article 22: Personal liability of members of the Board of Directors


The members of the Board of Directors are personally responsible for


Violations of laws and regulations in the performance of their duties.


Article 23: Other arrangements for the functioning of the Administrative Board


The operating conditions of the Board of Directors and the terms and conditions


The adoption of its decisions shall be specified in the rules of procedure of the


Development of the Artist.


CHAPTER 3: MANAGEMENT BODIES


Article 24: Powers of the Director-General


The Director-General of the Fonds de Développement de l' Artisanat provides daily management


And the proper functioning of the Fund. Ll be responsible for implementation, coordination and


Management of its activities and its development in accordance with the guidelines validated by


The Board of Directors.


As such, the Director General shall:


-estl, authorising officer budgetandDevelopmentdel, Anatolian;


-coordinates and evaluates the activities of the Fonds de Développement de I ' Artisanat; - performs recruitment and dismissal of permanent staff or


Contract of the Fonds de Développement de l' Artisanat, in compliance with the


Regulations in force;


-develops and enforces the management documents of the Artisanat Development Fund by the Board of Directors;


-Represents the Fonds de Développement de l' Artisanat in all acts of civil life, in particular with regard to third parties;


6


Ensures the correct application of the technical, administrative,


Financial and accounting.


Article 26: Compensation of the Director-General


The terms and the amount of remuneration of the Director-General shall be fixed by the Council


Administration, in accordance with the regulations in force.


Article 27: Organization of the Directorate-General


The technical or service directorates, their functions, their organisation shall be established by


Decision of the Director General, following approval of the organizational chart and procedures by the


Board of Directors.


Public.


Article 30: Appointment of the person responsible for public procurement


The person responsible for public procurement is appointed to the category


A scale 1 or equivalent, ideally justifying at least four (4) years' experience


7


Article 25: Appointment and dismissal of the Director-General


Recruitment, appointment and dismissal of the Director General of the Fund


Development of Artisanat are decided by the Board of Directors and pronounced in


Council of Ministers.


Article 28: Appointment of technical directors


Technical Directors shall be appointed by decision of the Director General after approval


The admin council istration.


However, the financial and accounting management of the Artisanat Development Fund is


Provided by an administrative and financial director, recruited by the general management following the


Rules governing the recruitment of personnel involved in the expenditure chain


Public. Ll be subject to the accreditation procedure as a public accountant, by


Ministry of Finance.


Article 29: Person in charge of public procurement


The person responsible for public contracts, authorised to sign contracts concluded by the


Fonds de Développement de l' Artisanat is responsible for the implementation of the


To the designation of the contractor and the approval of the final contract. She


Organizes and tracks receptions for works, supplies and services


In the field of public procurement. It is recruited by the Branch as follows:


Rules governing the recruitment of personnel involved in the expenditure chain


Public.


Article 3: Public Procurement Commission


The person responsible for public procurement shall be assisted in the execution of his mission by


A public procurement committee. It shall carry out its mission in accordance with the


Regulations in force.


Article 32: Appointment of members of the Procurement Committee


The members of the Procurement Committee shall be appointed in accordance with


Existing regulations.


Article 33: Regulated or prohibited conventions


Any agreement between the Development Fund of Artisanat and one of its administrators


Or the Director General shall be subject to prior authorisation by the Administrative Council.


The same is true of the conventions to which an administrator or the Director-General is


Directly interested or in dealing with the Development Fund


I ' Artist, per person interposed.


Authorization is not required when agreements are for transactions


Normal conditions. Current operations are those that


Are carried out by the Fonds de Développement de l' Artisanat, in a regular way ' in


The framework of its activities. Normal conditions are those that are applied, for


Similar conventions, not only by the Development Fund of the Crafts, but


Also by other entities within the same business line.


Directors, the Director General, their spouses, ascendants, or


Descendants, on pain of nullity of the contract and without prejudice to their responsibility to contract '


In any form, borrowings from the Development Fund


L, Crafts, to be given a discovery by him in current account or otherwise, thus


To endorse or endorse their commitments vis-vis third parties.


8


CHAPTER 4: SOCIAL YEAR, MANAGEMENT, SOCIAL ACCOUNTS AND CONTROL OF


MANAGEMENT


Article 34: Social Year


The social year is the calendar year


Article 35: Resources of the Development Fund of Artisanat


The resources of the Fonds de Développement de l' Artisanat consist of:


-contributions in kind consisting of movable and immovable property made available to it by the State;


-annual appropriations of the state decided in the framework of the Finance Law on the proposal of the Council of Ministers. These allocations are entered in the budget


The Artisanat Development Fund;


-resources made available by development partners under the agreements or agreements with the Government of Benin;


-donations and bequests; - any other resources acquired in the course of its activities.


The financial resources of the Fonds de Développement de l' Artisanat are housed in


Accounts opened on its behalf in the books of the public treasury or in the primary banks.


Article 36: Accounting


The accounts of the Fonds de Développement de l' Artisanat are kept in accordance with the


Provisions of the accounting law of OHADA.


It is subject to the supervision of an auditor. The accounts of the Fund


Development of the Crafts is not subject to judicial review by the Court of Auditors.


Article 37: Programme of activities and budget estimates


The Director-General shall submit to the Executive Board a programme of activities, the accounts


Estimates, and an investment budget for the following year, three (03)


No later than the end of the current fiscal year.


Rule 38: Vote on the budget


The budget of the Fonds de Développement de l' Artisanat is voted in balance of revenue and


Expenses. However, there may be a surplus of funding '


9


Article 39: Amendment of budget documents


In case of major deficiencies noted in budgetary documents, the Minister responsible for


Of Finance may request the Board of Directors to introduce, where appropriate, all


Changes to ensure the financial balance of the Development Fund


The Crafts and the respect of its possible contractual commitments vis-à-vis the State.


Article 41: Control of the Board of Directors


The Fonds de Développement de I ' Artisanat is subject to the controls provided for in the texts in


Vigor.


The Governing Council verifies the Directorate-General's compliance with the guidelines it has adopted


Fixed.


Article 42: Supervision of the supervisory authority


The supervisory authority shall ensure the quality control of the management of the Development Fund


Of the artist through his authorized organs.


Control is exercised primarily to ensure that the objectives set are met and


Consistent with the broad directions set out by the Government.


Trusteeship does not encroach on the roles and responsibilities of the Board of Directors and the Council


Of Ministers laid down by the law and the present statutes.


Article 43: Control of the Ministry of Finance


The Fonds de Développement de l' Artisanat is under economic and financial supervision


Of the Ministry of Finance.


, 1. As part of the ongoing monitoring of its management, the Development Fund


The Crafts:


-receives from the Ministry of Finance, requests for periodic information or missions to monitor performance data


Technical, economic and financial management, control of the


Sustainability of financial commitments and balance of cash flow;


10


Article 40: Financial year-end operations


Within three (03) months from the close of the accounting period, the Director shall


Prepares the annual financial statements, produces its activity report, prepares the draft


Management report and submits them for consideration by the Executive Board for the purpose of the


Accounts.


Article rt4: Supervision of financial courts and parliamentary control


The Fonds de Développement de l' Artisanat is submitted, in accordance with the legal provisions


And regulations, the controls of the courts of the accounts and the competent bodies of the


Parliament.


CHAPTER 5: OFFICE OF THE AUDITOR


Article 45: Control of the Auditor


The Fonds de Développement de l' Artisanat is subject to the Commissioner's controls.


Accounts, in accordance with the provisions laid down in the existing texts and the present


Status.


Article 46: Appointment of the Auditor


He is appointed to the Development Fund of the Artist's Artist


In accordance with the provisions in force.


11


-submit to the supervision of prudential arrangements to anticipate and prevent financial difficulties or possible risks of bankruptcy or


Bankruptcy filing.


2. Under the control of budgetary documents, the Development Fund


The Crafts:


-submit a reasoned request to the Ministry of Finance before including the amount of the grant agreed in its forecast accounts;


-the Director-General of the Development Fund of Artisanat shall forward to the Minister for Finance, by 15 October of the current financial year, the


Budget approved by the Executive Board in respect of the budget year


Next.


3. Under the supervision of the financial statements of the Development Fund of the Crafts


The annual financial statements of the Fonds de Développement de I ' Artisanat, accompanied by


Reports of the Auditor are forwarded within the prescribed time frame to the


Ministry of Finance, the Ministry of Guardianship and the approval of the Council of


Ministers.


Article 47: Functions of the Auditor


The Auditor shall issue an opinion on the annual accounts indicating that they are


Or non-regular and sincere, and give a true picture of the results, of the situation


Financial and heritage of the Fonds de Développement de l' Artisanat at the end of the year.


Addresses his report directly and simultaneously to the Director General of the Fund


Development of Artisanat and the President of the Board of Directors.


Article 48: Participation of the Commissioner in meetings of the Council


Administration


Auditor attends meetings of Board of Directors with voice


Advisory. Ll be bound by professional secrecy for the facts, acts and information


That he may have been aware of in his duties.


CHAPTER 6: PROCESSING-DISSOLUTION OF THE DEVELOPMENT FUND


HANDICRAFTS


T2


Article 49: Transformation of the Craft Development Fund


Upon the reasoned report of the Director-General, the Executive Board may propose the


Transforming the Fonds de Développement de l' Artisanat.


The proposal is submitted to the appropriate minister, who shall refer the matter to the Council of Ministers.


Where appropriate, the net value of the Craft Development Fund shall be determined by a


Independent expert.


The transformation of the Artisanat Development Fund does not result in its dissolution.


Article 50: Dissolution of the Development Fund of the Crafts


The dissolution of the Development Fund of the Crafts is decided by the Council of


Ministers, on the report of the Chairman of the Board of Directors. The report proposes a plan of


Liquidation which includes the economic and social aspects.


The decree ordering the dissolution of the Fund lays down the terms and conditions of the winding-up.

The liquidation shall be terminated by decree of the Council of Ministers, on the report of the liquidator.