The one-person company in the Congolese legal system

According to the definition of the company as given by article 446.1 of the civil code book three, the company can only be created by a group of two or more persons. From now on, due to the adherence of Lumumba's country to the Treaty of Port-Louis, only one person can legally create a company in accordance with article 5 of the Uniform Act on Commercial Companies. Some jurists support the thesis that the introduction of the one-person company in Congolese law is the result of the new law resulting from OHADA. We show that the single-member company was introduced into Congolese law through law n°08/007 of 7 July 2008 on general provisions relating to the transformation of public companies. We also show the dividing line between the single-member company resulting from the law mentioned above and the one established by the Uniform Act on Commercial Companies. The first being closed and the second open...

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BALUME KAVEBWA est détenteur d'un master en Droit de l'Université de Lubumbashi et avocat près la Cour d'Appel de Goma. Il dirige le Centre Congolais des Recherches Juridiques, Géopolitiques et Géostratégiques basé à Kinshasa.