The Chazai Wamba Newsletter

« THE NEED FOR LEGAL MONITORING TO SECURE BUSINESS OPERATIONS »

Dear Clients, Dear Partners,

The legal landscape is constantly evolving, and 2026 has marked a decisive turning point in the business environment, with the COSUMAF reform introducing a new scope of activities for financial market intermediaries, as well as case law developments concerning immunity from enforcement measures in the OHADA area following the reform of the Uniform Act organizing simplified recovery procedures and enforcement measures of 17 October 2023.

Against this backdrop, legal monitoring has become an essential requirement for ensuring the legal and judicial security of your activities.

This month, our teams have chosen to analyze the practical implications of these developments for you. What exactly is immunity from enforcement measures in the OHADA context? What is its significance in relation to State sovereignty and the need to preserve the continuity of public services and the allocation of public assets to the public interest? CCJA Judgment No. 54/2026 of 13 July 2026 provides insight into these issues.

Similarly, Instruction No. 49-26 of 13 July 2026 on the main and ancillary activities of stockbroking firms, collective investment scheme management companies and financial investment advisors sheds light on the practical application of Regulation No. 1/22/CEMAC/UMAC/CM/COSUMAF of 21 July 2022 and the COSUMAF General Regulation of 23 May 2023.

An article on the concept of shareholders’ agreements in the OHADA area will provide you with an overview of the mechanisms governing the organisation of relations between shareholders, as well as the rules governing the transfer and/or sale of shares to third parties.

Finally, we have included an explanatory note on the cross-border protection of pharmaceutical trademarks, entitled “Cross-Border Protection of Pharmaceutical Trade Marks”, in the context of combating counterfeiting.

We wish you an excellent reading of this new edition.

Our Firm remains at your disposal to assist you with your projects and address any questions you may have.

Emmanuel MASSODA, Esq.