equiv = "Content-Language" content = "fr - be" > Decree No. 010/13 of March 23, 2010 LEGANET. CD LEGANET. CD LEGANET. CD LEGANET. CD LEGANET. CD order No. 010/13 of 23 March 2010 on the creation, organization and functioning of the National Commission of the Organisation for the Harmonisation of the Droit des Affaires (OHADA) the Prime Minister, pursuant to the Constitution, specifically in article 92;
Pursuant to law No. 10/002 of it February 2010 authorizing the accession of the Democratic Republic of the Congo to the imitated of 17 October 1993 on the harmonisation of the law of business in Africa;
Having regard to the order No. 08/064 10 October 2008 concerning the appointment of a Prime Minister, head of Government;
Given order No. 08/073, December 24, 2008, on the Organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government;
Having regard to the order No. 08/074 24 December 2008 fixing the functions of departments, specifically in article 1 litera A and B point 6;
Having regard to the order n 10/025 of 19 February 2010 appointing Deputy Prime Ministers, Ministers and the Vice-Ministers;
Whereas it is imperative to set up a National Commission for the Organization for the harmonization in Africa of business law;
On the proposal of the Minister of Justice and human rights;
The Council of Ministers heard;
ORDAINED: Chapter 1: General provisions Article 1 it is creates a National Commission for the Organisation for the Harmonisation of the law of Affairs (OHADA), hereinafter referred to as 'The Commission'.
The Commission is placed under the authority of the Minister of Justice in his or her attributions.
She serves on the Department of Justice.
Chapter II: responsibilities Article 2 the Commission is responsible for study and monitoring of issues relating to cooperation and integration law cases in the Organization for harmonization in Africa of of business law (OHADA).
To this end, it provides general assignments and special powers defined by the provisions below.
Section I: General powers Article 3 the Commission shall in General: 1) treatment, Oak implementation and monitoring of the acts and decisions on the harmonisation of business law;
(2) the study of the drafts of uniform acts or regulations and commenting pout account and to ' the attention of the Government;
(3) promotion of harmonized; the business law training.
(4) the collection, centralization, the dissemination of legal information and the popularization of the documentation for the business law harmonized;
(5) the Organization and monitoring of the compliance of national law from the harmonised business law;
(6) the formulation of observations on the difficulties in the application of the Treaty, of the uniform acts and regulations of the Organisation for the Harmonisation of the Droit des Affaires (OHADA) on behalf of the Government. Section II: powers special Article 4 the Commission is especially charged, with regard to the functional relationships of the State with the common Court of Justice and arbitration, hereinafter the Court: 1) centralize and transmit to the Court the requests for advisory opinions from the Government or the national courts, in accordance with article 14 of the Treaty relating to the harmonization of the law of business in Africa.
2) centralize and transmit to the national courts advisory opinions from the Court and which are related to the requests referred to in point 1 of the present article;
(3) to pronounce, at the request of the Minister of Justice in charge, on the opportunity to apply to the Court for an advisory opinion;
(4) to study the records disclosed to the Government by the Court, in accordance with articles 55 and 57 of its rules of procedure and to make the observations y related.
Chapter III: Composition Article 5: the Commission understands are representatives of the following structures: 1) two delegates from the Office of the President of the Republic;
(2) two delegates from the Office of the Prime Minister;
(3) three representatives of the Ministry of Justice in his or her attributions;
((4) two representatives of the Ministry having finance in his/her attributions 5) two representatives of the Ministry with the national economy in its attributions;
(6) two representatives of the Ministry having trade, small and medium enterprises in charge;
(7) a representative of the Department with the industry in its attributions;
(8) a representative of the Ministry employment, labour and social welfare in its attributions;
(9) a representative of the Ministry with International Cooperation and regional in its attributions;
(10) a representative of. Ministry Budget in his or her attributions;
(11) two representatives of the Department having the Plan in his or her attributions; (- 12) a representative of. Ministry portfolio in - charge;
(13) a representative of the Department having the Transport and pathways of Communication in these assignments;
(14) a representative of the Ministry having Agriculture in his or her attributions;
(15) a representative of the Council ' high for the judiciary;
(16) a representative of the Bar Association; 17) a representative of academic institutions;
(18) the members of the Congolese (30) law reform Standing Committee;
(19) one representative of the Steering Committee for the reform of public enterprises;
(20) one representative for each employer organization of the DRC;
(21) a representative of the National Association of public enterprises 22) a bailiff. designated by the Minister having Justice in his or her attributions;
(23) a notary designated by Minister ayantla Justice in his or her attributions;
(24) a representative of the order of accountants or, failing that, a chartered accountant designated by the Minister having finance in his/her attributions;
(25) one representative of the Central Bank of the Congo;
(26) a representative of the Professional Committee of ' banks private.
(27) a professional copyright service, designated by the Minister having the intellectual property in his or her attributions;
(28) a professional service of industrial property designated by the Minister having the industrial property in his or her attributions;
((29) a representative of the Professional Committee of agricultural or craft cooperatives 30) a representative of the Professional Committee of savings and credit cooperatives.
The members of the Commission are appointed by order of the Minister in charge of Justice, on the proposal of the structures and institutions which they fall.
Chapter IV: Organization and operation Article 6: the Commission consists of two components:-the General Assembly;
Section I: General Assembly article 7: the General Assembly includes the members referred to in article 5 of this Decree.
It is chaired by the President of the bureau of the Commission and, in the absence or impediment, by the Vice-president of the Office.
Article 8: The General Assembly meets at least two times a year and whenever necessary, convened by its President or, failing that, on the initiative of half of its members, on a determined agenda.
The Chairman and rapporteurs sign the decisions of the General Assembly.
Article 9: Except in cases of extreme urgency, the convening notice specifying the date, the place and the agenda of the meeting is given to the members at least fifteen (15) days before the date of the meeting.
Article 10: The General Assembly gives the broad guidelines for the Commission's actions and appreciate the projects of future actions. For this purpose: 1) it discussed the programme of activities of the Commission and brings amendments and improvements;
(2) it also exercises the powers provided for in points 2 and 6 of article 3 of the present text.
Section II: Office Article 11: the Commission is headed by a bureau consisting of a president, a vice-president, a rapporteur and a deputy rapporteur.
The members of the bureau are appointed in this capacity, among the members of the Commission, by order of the Minister having Justice in his or her attributions.
Article 12: The president of the Commission is appointed among the representatives of the Ministry in charge of Justice.
The Vice-president of the Commission is appointed among the representatives of the Ministry in charge of finance.
The rapporteur is appointed among the representatives of the Ministry in charge of trade.
The Deputy rapporteur is appointed among the representatives of the Department in charge of national economy.
Article 13: The bureau of the Commission shall ensure the fulfilment of the mission entrusted to it. II initiates and coordinates the activities of the Commission.
Article 14 the office shall exercise the powers laid down in points 1, 3, 4 and 5 of article 3 and paragraphs 3 and 4 of article 4 of this Decree.
Article 15 in the case of emergency manifest, the office compensates the Assembly outside the sessions of the latter. Its decision is then included in the agenda of the next General Assembly for information.
Article 16: The bureau is assisted by a technical Secretary whose organization and functioning are governed by the rules of procedure of the Commission.
The rules of procedure of the Commission is fixed by order of the Minister having Justice in his attributions, on a proposal from the Commission.
Chapter V: financial provisions Article 17 the Commission has for its functioning, as auxiliary service budgetary appropriations of the Ministry in charge of Justice. The management of these appropriations obeys the rules of public accounting.
The Commission may receive gifts, legacies and grants from a national organization, or financial or material of an organism assistance' international. In the latter case, the management of the funds follows the provisions of the grant agreement.
Chapter VI: final provisions Article 18 the Minister of Justice and human rights is responsible for execution of this Decree, which comes into force on the date of its signature.
Done at Kinshasa, March 23, 2010 Adolphe Muzito Luzolo Bambi Lesse Minister of Justice and human rights this site is under construction - for all information; remarks [send us an email] the texts shall reflect the texts in possession of associations that do not engage their responsibility.
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