THE ISSUE OF INFORMING SHAREHOLDERS OF LIMITED COMPANIES UNDER OHADA LAW

Abstract

The needs for good governance of commercial companies have led the OHADA legislator to rethink the management of companies in its geographical and legal area. In doing so, he instituted several mechanisms, organized those that already existed and rearranged others. Among these mechanisms stands the right to information of shareholders. The shareholders’ right to information appears to be a prerogative which derives from the ownership of shareholders' capital, which ownership goes hand in hand with the exercise of a certain number of rights. True means of controlling the action of the governing bodies of the company, this right allows recipients, to receive sensitive information either voluntarily or involuntarily this, with a view to holding the next meetings of the company. In other words, the debates that take place during general meetings are above all, a reflection of the information made available to shareholders by the social manager. Being occasional or permanent, the information in question relates to a certain number of documents whose analysis will undoubtedly allow the dissection of the vice that hampers the company’s development and emergence, and propose possible solutions for greater performance. While examining the ins and outs of this right, this article discusses in detail the framework of the exercise of said with excrescences on the shortcomings that affect certain areas of the law. Thanks to the doctrinal work, this article proposes from the axes identified by certain authors, the tracks to either reinforce the framework of the exercise of this right, or rearrange it for a greater performance.