Decree No. 2015-690 May 27, 2015

Original Language Title: Décret n°2015-690 du 27 mai 2015

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Ministry of JUSTICE Decree No. 2015-690 may 27, 2015 Decree No. 2015-690 may 27, 2015 fixing fees of notaries in terms of incorporation of the company with limited liability (SARL) report as a result of the adoption, on 30 January 2014, in Ouagadougou (Burkina Faso), the uniform act on the right to commercial companies and economic interest group Senegal has engaged in accompanying measures for a better attractiveness of our business environment. These measures include the reduction of the minimum capital of the limited liability company (LLC) which went from 1 000 000 francs to CHF 100,000 with law No. 2014-20 of April 24, 2014 for fixing of the minimum share capital of the LLC and the lower fees notaries instituted by Decree No. 2014-1569 December 03, 2014, who fixed them now to 20,000 francs for the constitution of limited liability company with a share capital between 100,000 and 500,000 francs.

The positive results achieved in terms of new business as a result of these texts have led our countries to deepen reforms by repealing and replacing law No. 2014-20 April 24, 2014 by Act No. 2015-07 of 09 April 2015 for the regulation of the capital of the company limited liability that now leaves the Associates LLC freedom to set the amount of the capital and the par value of the shares.
The objective in this national law of 2015 on the social capital of the LLC is to facilitate the creation of companies, even more, to increase the number and speed up the growth. But this law alone cannot be sufficient to achieve goals of creation of small and medium-sized enterprises (SMEs) established in form of limited liability company. Indeed, despite the efforts made by the State, LLC incorporation fees are still quite high and remain thereby unsuitable to the situation of low social capital companies.

The present draft decree tends to establish, as the Decree No. 2014-1569 December 03, 2014, a derogation system to the provisions of Decree No. 2006-1366 of 8 December 2006 laying down the emoluments of the notaries which some provisions have been adopted on the basis of the uniform act on the right of commercial companies and GIE adopted on 17 April 1997 which set capital minimum at 1 000 000 francs.
This derogation system, benefiting the companies with limited liability (SARL), concerns the lines 21, ultimately, 47, 64, 80 b, 129, 130, 131, 1 °) and (2)) of Decree No. 2006 - 1366 of December 8, 2006. It is this plan that the present draft decree tends to improve to increase the creation of small and medium enterprises.

That is, the President of the Republic, the economy of the present draft decree.

The President of the Republic, saw the OHADA Treaty;
Seen the Constitution in its article 43, 67 and 76.
Seen the uniform act on the right of commercial companies and GIE of January 30, 2014, such as under article 311;
See Decree No. 2006 - 1366 of 8 December 2006 laying down the emoluments of notaries;
Considering Decree No. 2007 - 1500 13 December amending Decree No. 2006 - 1366 8 December 2006 laying down the emoluments of notaries;
Considering Decree No. 2014 - July 06, 2014 845 appointing the Prime Minister;
Considering Decree No. 2014 - 849 06 July 2014 with the composition of the Government.
Decree No. 2014-853 09 July 2014 with distribution of the services of the State and control of public institutions, societies and companies with public participation between the Presidency of the Republic, the Prime Minister and ministries, changed;
See Decree No. 2014 - 870 July 22, 2014, relating to the powers of the keeper of the seals, Minister of Justice;

On the report of the keeper of the seals, Minister of Justice, decreed: Article 1. - Notwithstanding the lines 21, ultimately, 47, 64, 80 b, 129, 130, 131, 1, and 2 of the table to the annexed tariff in Decree No. 2006 - 1366 on 8 December 2006, the emoluments of the notaries for the constitution of company with limited liability (SARL) are fixed as follows : - capital less than or equal to five hundred thousand (500 000) francs: twenty thousand (20,000) francs.
-social capital between five hundred thousand francs (500 001), and five million francs (5 000 000): seventy thousand (70,000) francs.

Art. 2 - the emoluments of notaries for the constitution of limited company (SARL) with social capital greater than five million francs (5 000 000) remain subject to Decree No. 2006 - 1366 of December 8, 2006.

Art. 3. - this order repeals and replaces Decree No. 2014 - 1569 December 03, 2014, laying down the emoluments of the notaries in constitution of limited company (SARL).

Art. 4 - the keeper of the seals, Minister of justice, is responsible for the enforcement of this Decree to be published in the official journal.

Made in Dakar, may 27, 2015 Macky SALL.

The President of the Republic: the Prime Minister, Mac Boun a. DIONNE