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OHADA is a definite step forward in securing business in Africa. It has enabled its member states to adopt attractive legislation for a large part of business law. This success of OHADA makes it necessary to constantly evaluate its functioning and the content of its criminal law in order to preserve it. The drafting of uniform acts is not enough to standardize business criminal law, it is also necessary that the conditions of their application are not too different between the Member States, because the differences in application resulting from the division of tasks between the OHADA and the member states established by article 5 of the OHADA treaty, allows uniform acts to enact incriminations and member states to determine penalties. This distribution of powers helps to preserve the prerogatives of the Member States, but we note through the effect of this disparity that the legal certainty sought has not been reached. This study, among many others, should attract attention at both national and Community level in order to respond to this call to establish this desired legal certainty.