Corporate Law at Niger
Here’s an overview of Corporate Law in Niger, covering the main legal framework and key points related to companies there:
Corporate Law in Niger – Overview
1. Governing Legislation:
Corporate law in Niger is largely governed by the OHADA Uniform Act on Commercial Companies and Economic Interest Groups, since Niger is a member of the OHADA (Organization for the Harmonization of Business Law in Africa) group.
OHADA provides a unified legal framework for business across many West and Central African countries, including Niger.
Niger’s national laws are supplemented by OHADA acts for commercial company regulation.
2. Types of Companies:
Under OHADA law (applicable in Niger), recognized types include:
Société Anonyme (SA) – joint-stock company, suitable for larger businesses and publicly traded companies.
Société à Responsabilité Limitée (SARL) – limited liability company, common for SMEs.
Société en Nom Collectif (SNC) – general partnership.
Société en Commandite Simple (SCS) – limited partnership.
Economic Interest Groups (GIE) – for cooperative activities.
3. Company Formation and Registration:
Companies must register with the Commercial Court Registry (Greffe du Tribunal de Commerce).
Formation requires submission of statutes, proof of capital, and information on founders/directors.
OHADA sets minimum capital requirements, such as CFA 1,000,000 (approx. USD 1,700) for SARLs.
4. Corporate Governance:
SA companies must have a board of directors or a supervisory board and hold annual general meetings.
SARLs have simpler governance, usually managed by one or several managers.
OHADA law sets out rights of shareholders and procedures for meetings, resolutions, and disclosures.
5. Foreign Investment:
Niger generally permits 100% foreign ownership in most sectors, but some strategic industries may have restrictions.
Investment promotion is supported by government agencies and OHADA frameworks that protect investors.
6. Accounting and Reporting:
Companies must prepare annual financial statements following OHADA accounting standards.
Auditing requirements depend on company size and type.
7. Dispute Resolution:
Commercial disputes are handled by Commercial Courts, and OHADA arbitration rules may apply.
The OHADA Common Court of Justice and Arbitration (CCJA) provides a supranational appellate mechanism.
If you want details on:
Steps to register a company in Niger
Specifics of OHADA corporate governance rules
Foreign investment regulations or incentives in Niger
Taxation and compliance obligations
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