A new source of credit for businesses

A marketable debt security was the subject of a regulatory decree recently signed by the PM. The Prime Minister signed a decree August 27, 2014 which sets precedence and management of negotiable conditions. These claims are defined as "securities de-materialised, of a determinate, issued by the issuer in representation of a right of claim, which bear interest."

It is classified under article 6, as certificates of deposit, with an initial maturity of up to one year, issued by credit institutions and the Caisse des Dépôts and consignations; the Bills, with an initial maturity of up to one year, issued by investment firms and authorised issuers; negotiable bills to medium-term, with an original maturity greater than one year, issued by all eligible issuers.

Initial stakeholder of this mode of credit, that are allowed under article 12 to issue these securities are seven. There are first, in the first subparagraph, credit institutions, insurance companies, companies to investment and the Caisse des Dépôts and consignations.

Enterprises other than those referred to in paragraph 1, are subject to the conditions of the legal form, capital and account control prescribed by the OHADA Uniform Act relating to commercial companies and economic interest grouping law, like companies in the public sector; of the Central African economic and Monetary Community institutions and international organisations, security organizations; social security agencies; local authorities and their groupings and finally, the State. Once issued however, titles can be negotiated by others in finance.

With regard to the (nominal) value of a negotiable debt obligation, it is fixed to five million F or as a multiple of that amount. With a fixed maturity that can be extended, marketable debt securities will have a lifespan to the issuance of one year at most, a fixed rate of return and give rise to discounted interest. As compensation, it is freely stopped. However, when the remuneration varies, the Commission of the financial markets and the Central Bank must be informed of this modality.

The framing of this type of debt is also expanded with a chapter on disclosure obligations imposed on issuers. 13 articles determine the composition of the folder of information that issuers must file with the Commission on the financial markets. The concern to secure the titles also imposes a rating obtained from a specialized agency and the initiators must make it public.