Through the Uniform Act on collective procedures for the clearance of liabilities adopted in 2015, the OHADA Community legislator has put in place a process aimed at preventing the cessation of activities by companies in difficulty. This preventive procedure can be seen as a rescue procedure enabling intervention as soon as possible before the company is in an irremediably compromised economic and financial situation, with a view to redressing its situation before it is too late. To this end, the mission of the expert in preventive settlement has been substantially strengthened, since the latter plays a crucial role in the successful conclusion of this collective rescue procedure in order to preserve the disappearance of the debtor companies both within the OHADA area in general and in the DRC in particular.
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