Commercial litigation: fourteen certified legal representatives

Commercial litigation: fourteen certified legal representatives
Commercial litigation: fourteen certified legal representatives

Fourteen judicial agents received their certificate of practical capacity for collective procedures last Saturday in Dakar at the end of training on the Ohada Uniform Act relating to the clearance of liabilities.

Many companies, after a few years of activity, experience difficulties and for which, without the necessary assistance and support, they enter into judicial liquidation proceedings. To reduce the related damage, the specialist in collective procedures, commonly called a legal representative, must be up to the task of handling the dispute. And it is in this context that 14 legal representatives with capacities in collective procedures received their certificate last Saturday. This inaugural course covering, among other modules relating to the organization of the profession of legal representative, the exercise of the profession of legal representative and the management of the technical aspects of solutions, is the result of a partnership between the School of Law , management and economics (Edge) and the National Order of Experts of Senegal (Ones).

Saliou Dièye, tax expert and president of the National Order of Experts of Senegal, clarified that the profession of legal representative, which has become essential, requires competence such as being a member of the National Order of Chartered Accountants and Chartered Accountants (Onecca) or the National Order of Experts of Senegal (Ones). According to the no less judicial manager, it is necessary to be trained on the techniques which have been put in place by the Uniform Act of Ohada relating to the organization of collective procedures for the clearance of liabilities, necessarily implying management skills and techniques for meet market needs. Today, “the agent or lawyer who has not received this training is automatically rejected by the commission in charge of the approval and discipline of agents. And without this approval, there is no case at court level. And that’s the whole point of this training,” he explained.

According to him, people create companies and others kill them. And therefore, the role of the legal representative is to give the company the chance to survive through preventive settlement (collective proceedings), then legal settlement if necessary and finally the liquidation of assets in the worst case scenario. the company (bankruptcy filing). Clearly, in the first two stages, the company can be saved. So, the desired objective is to provide the legal representative with sufficient interpersonal and relationship techniques to enable him to save the company. The president of the Dakar Commercial Court, Aissatou Diémé Diallo, welcomed this initiative by Edge and Onecca aimed at providing skills to judicial agents to save companies in difficulty. She also encouraged Onecca and Ones to train their members in this direction to assist and thus minimize the risk of business bankruptcy and, in turn, preserve jobs.

JEAN PIERRE MALOU

#Senegal

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