SHAREHOLDER DEFAULT IN OHADA CORPORATE LAW

The shareholder plays an important role just as he occupies a fundamental place in the life of the Joint Stock Company a corporate form recognized by OHADA law. It is in this context that this analysis on The failure of the shareholder in OHADA company law is envisaged. The fundamental question is: how does OHADA law apprehend shareholder default? The understanding of shareholder default in OHADA law necessarily requires the consideration of two main elements: the non-observance of commitments incumbent on the shareholder and the non-observance of the shareholder''s duty of loyalty.With regard to the non-observance of the commitments incumbent on the shareholder it should be said that this failure results on the one hand from the failures of the shareholder in particular when he does not carry out his obligation to pay up the subscribed shares.