Reforms relative to contract execution

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Creation of special chambers of commerce for small debts

  • These chambers handle small debts, ranging from zero to one million CFA
  • Appointment of magistrates at the head of the chambers. Audiences are set on the second Tuesday and Thursday of every month
  • Litigants can represent themselves
  • Simple procedure, without appeal;
  • Fees for submission of complaints reduced from XOF20000 to XOF9000

 

Creation of chambers of commerce at the Court of Appeal

Special chambers of commerce were established at the Court of Appeal of Lomé, with distinct magistrates assigned to them. This initiative aims to accelerate the processing of commercial disputes, especially cases on appeal.

 

Civil and commercial cases now handled by distinct clerks

Two distinct clerks were assigned to separately handle commercial and civil disputes.

Objective: Accelerate processing of commercial disputes which constitute a major source of concern for businessmen or economic operators.

 

Establishment of commercial courts in Lomé and Kara

Magistrates have been assigned to the legal institutions to ensure more efficient management of commercial disputes.

 

Lawyers and bailiffs now have access to the FORSETI COMMERCIAL platform

This measure extends the digital management of commercial conflicts to lawyers and bailiffs. “For a long time, only judges and clerks had access to the platform”, but now lawyers do as well. They can use it to “address commercial courts, proceed to online payments, and keep track of their cases”.

 

A maximum period of 100 days was fixed to settle a commercial dispute

Article 23 of the law n°2018, December 10, 2018, states that “all cases submitted to the court of commerce must be processed within a period of 100 days, starting from the day of submission, and this period shall under no circumstances be exceeded”.

 

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REFORMS OVERVIEW

 

 

 

 

STARTING A BUSINESS (more info)

Drastic reduction in the time needed to register a business at the one-stop shop CFE  • Possibility to create an LLC by private deed  • Liberalization of the social capital and nominal value of social shares • Cancellation of registration fees and stamp duties while starting a business • Online registration of a business  • Interconnecting business databases.

 

CONTRACT EXECUTION (more info)

Creation of special chambers of commerce for small debts  • Creation of chambers of commerce at the Court of Appeal  • Civil and commercial cases now handled by distinct clerks  • Establishment of commercial courts in Lomé and Kara  • Lawyers and bailiffs now have access to the FORSETI COMMERCIAL platform • A maximum period of 100 days was fixed to settle a commercial dispute .

 

TRADING ACROSS BORDERS (more info)

Creation of an electronic single-window system for external trade .

 

CONSTRUCTION PERMIT (more info)

Dematerialization of the application process  •Launching of an insurance  • Control of quality during and after construction  •Compulsory credentials for the expert in charge of the construction’s supervision • Delays and procedures reduced

 

GETTING ELECTRICITY (more info)

Reduction of the time needed to process a request for connection  • Reduction of 50% of the cost to get connected to the medium-tension grid  • Improved power supply ● Dematerialization and centralization of information, and of the procedures of claims and payments .

 

PROPERTY REGISTRATION (more info)

Reduction of registration fees  • Only XOF35000 to pay for property transfers  • Digitization of land deeds  • The descriptive statement of the land title is issued in 48 hours only!  • Substantial reduction in the time needed to process a full transfer request • Creation of a Property Transfer Office  • Cancellation of second and third stamp duties  • Creation of a one-stop shop for land titles, available online also  • Free access to land data for all .

 

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