Le mobile de l’exclusion de la société unipersonnelle de l’Organisation pour l’harmonisation en Afrique du droit des affaires (OHADA) dans la création de la banque en République Démocratique du Congo : une exigence prudentielle

Abstract

The bank is a company with highly regulated conditions of creation and operation. Its creation is a legal process at two levels, including the creation of a commercial company first, and then the transformation of the company into a bank. The legislator of the Organization for the Harmonization of Business Law in Africa (OHADA) brings an innovation in terms of companies with the possibility of the creation of a single-member company, this one has the advantage of facilitating the creation of businesses by individuals by reducing the informal circuit which characterizes the business world in Africa. To preserve its stability, only the legal entity in general, and the public limited company in particular, is authorized to transform itself into a bank. However, shareholding conditions may limit the company's access to the banking profession; such is the case of the single-member company. Prudential standards are strict regarding the form and conditions for establishing a bank. The bank plays a very important role in the economy of a country, that it cannot be left to anyone. Prudential standards relate to the stability of the banking sector through shareholding, which plays an important role in the operation of the bank. The one-person company does not offer the necessary guarantees of stability to set up as a bank, since it is subject to the will of a single individual representing the general meeting of the company.