Lowtax Network

Back To Top

Comoros: Law of Offshore

Legal Framework

This page was last updated on 5 August 2019.

The Comoros has a mixed legal system of the French civil code of 1975, Sharia (Islamic law) and custom law. Importantly, it is a member state of the common legal area known as the Organization for the Harmonization of Business Law in Africa (usually referred to by its French acronym, OHADA).

Formed by treaty in 1993, OHADA’s goal was to harmonise certain aspects of the legal frameworks of the countries in west and central Africa whose currency is the CFA Franc. Including the Comoros, there are currently 17 members of OHADA: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Republic of the Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Niger, Senegal, Togo and the Democratic Republic of Congo.

OHADA member states are - subject to transitional measures - obliged to enact uniform acts that have direct effect and supersede national laws. The nine uniform acts are general commercial law; commercial companies and economic interest groups; organizing security interests; organizing simplified recovery procedures and measures of execution; organizing collective proceedings for clearing debts; arbitration; organizing and harmonizing undertakings accountings systems; contracts for the carriage of goods by road and cooperative companies.

To ensure compliance with, and encourage consistent interpretation of, the uniform laws, a supranational court has been established, known as the Common Court of Justice and Arbitration.

 

 

Back to Comoros Index »