Ministry of JUSTICE Decree No. 2013-890 of 24 June 2013 amending Decree No. 2009 - 1459 of December 30, 2009 Decree No. 2013-890 June 24, 2013, amending Decree No. 2009-1459 30 December 2009 amending and supplementing Decree No. 2007-819 18 June 2007 laying down rights issue in civil matters and commercial report of PRESENTATION the implementation in Senegal of an environment favourable to investment and to promote business pledge sustainable economic development assumes, inter alia, measures are taken to secure the investment by facilitating in particular the constitution of guarantees for the protection of the commitments made by lenders. To this end, should review the schedule of registration fees of various acts to which investors are subject in the sense of making it more coherent and more suited to the economic realities.
This project therefore intends to a TFD for the issuance of documents in civil and commercial matters. It thus amends Decree No. 2009 - 1459 of December 30, 2009, which amended and supplemented Decree No. 2007 June 18, 2007-819 introducing a progressive rate in it affects rates between 5%, 1.5% and 1% applied to acts recording the deposit at the registry of the collateral files.
The amendment is to redevelop these rates. Thus a rate of 1% will be applied to the amounts ranging from 5 to 500 million F CFA, a rate of 0.5% to amounts between 500 million and one billion CFA francs, a rate of 0.25% above one billion CFA francs and the total amount of fees to be paid in this case shall not exceed fifty (50) million CFAF.
Finally in the case of pledges various laying on the same project when the total investment exceeds one billion CFA francs, the amount total issuance fees shall not exceed either 50 million CFAF.
Such is the economy of this Decree.
The President of the Republic saw the Constitution;
Having regard to the uniform act of 17 April 1997 on general commercial law;
Having regard to the uniform act of 10 April 1998 on the organisation of the procedures simplified recovery and enforcement of OHADA.
Having regard to the Code of civil and commercial Obligations.
Having regard to the general Code of taxes;
Pursuant to law No. 84-19 02 February 1984 laying down the judiciary, as amended;
Pursuant to law organic No. 2008-35 of August 8, 2008 on the establishment of the supreme court;
Considering Decree No. 84-1194 of 22 October 1984 establishing the composition and competence of the courts of appeal, regional courts and county courts, as amended;
Having regard to the Code of Civil Procedure;
Having regard to Decree n ° 2007 - 554 of April 30, 2007, on the organisation of the Ministry of Justice;
Having regard to Decree n ° 2007-819 of June 18, 2007, laying down the rights of issuance of documents in civil and commercial matters, as amended;
Having regard to Decree n ° 2012 - 427 of 03 April 2012 concerning the appointment of the Prime Minister;
Having regard to Decree n ° 2012-637 04 July 2012 on the powers of the Minister of Justice, keeper of the seals.
Mindful of Decree No. 2012 - 1223 of November 05, 2012 on the Division of services of the State and control of public institutions, societies and companies in public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 03, 2013;
The report of the Minister of Justice, keeper of the seals.
Decrees: Article 1. -Article 1 of Decree No. 2007-819 of June 18, 2007 is modified and complemented as follows: «D - acts recording the deposit at the registry of the collateral files: - from 0 to 3 million CFAF 5%, - by more than 3 to 5 million CFAF 1.5%, - more than 5 million to 500 million CFAF 1% -, more than 500 million to 1 billion CFAF 0.5%. - beyond 1 billion CFAF 0.25% and the total amount of fees to be paid in this case shall not exceed fifty (50) million CFAF.
Similarly in the case of pledges various relating to an investment project, the cumulative total amount of issuance rights may not exceed fifty (50) million CFAF when the sum total of the loan (or loans) object covering the investment in its entirety is greater than one (1) billion CFA francs.
S. 2. - the Minister of Justice, keeper of the seals, and the Minister of economy and Finance shall be responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.
Made in Dakar, June 24, 2013 Macky SALL.
By the President of the Republic: Prime Minister Abdoul MBAYE