Act No. 211/An/17/7Evi The Transformation Of The Djiboutian Railway Company Into An Anonymous Society.

Original Language Title: Loi N° 211/AN/17/7ême L portant transformation de la Société Djiboutienne de chemin de fer en Société Anonyme.

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Act No. 211/AN/17/7E The transformation of the Djiboutian Railway Company into Anonymous Society.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No.130/AN/96/3 The conditions and modalities of privatization, participation of enterprises, goods or activities within the public sector;
VU Law No. 12/AN/98/4 The reform of the Sociétés d'État, Sociétés d'Économie Mixte and Institutions Publics of Industrial and Commercial character;
VU Law No.160/AN/12/6th The reorganization of the Ministry of Economy and Finance in charge of Industry and Planning;
VU Law n°134/AN/11/6th The adoption of the Djibouti Trade Code;
VU Law No.74/AN/16/7th The organization of the Ministry of Equipment and Transport;
VU Law n°143/AN/16/7ème The Code of Good Governance of Public Enterprises;
VU Order No.2001-0211/PR/PM on administrative public institutions and regulating the transitional period of public enterprises;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;

VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE of 16 June 2016 establishing the powers of the Ministries;
VU Circular n°473/PAN of 12/12/2017 convening the 2nd Ordinary Sessions of the 7th Parliament of the AN 2017;

The Council of Ministers heard in its meeting of September 19, 2017.

Article 1: The Djiboutian Railway Company (SDCF), A public establishment with an industrial and commercial character is transformed into anonymous company called SDCF SA.

Article 2: The SDCF SA has for social purpose the operation and management of railways throughout the territory of the Republic of Djibouti. It fulfills public service and public interest missions.

Article 3: This transformation does not lead to the creation of a new legal entity or to the legal regime to which the personnel are subject. All property, rights, obligations, contracts, conventions and authorization of any nature of the industrial and commercial public establishment are in full right and without formality those of the SADCS as of the date of its transformation.

Article 4: The social capital of the SDCF SA is wholly owned by the State and is constituted by the equity in the balance sheet of the SDCF as at 31 December 2017 as well as the value of railway infrastructure and its equipment.

Article 5: The CFDS is subject to the statutory and regulatory provisions applicable to anonymous companies and to the Code of Good Governance of Public Business as they are not contrary to this Act.

Article 6: The statutes of the SDCF SA are adopted by decree taken in Council of Ministers.

Article 7: This Act comes into force upon promulgation.

Done in Djibouti, 24/12/2017

President of the Republic,
Head of Government