The provisions of articles 672, 676, 679, 688 and 689 of the OHADA Law of 2014 shall apply to mergers or demergers of private limited companies for the benefit of companies of the same form.
Where the operation is carried out by contributions to existing private limited companies, the provisions of article 676 of the same law shall also be applicable.
When the merger is carried out by contribution to a new private limited company, the latter may be formed without other contribution than that from the merging companies.
When the demerger is realized by contribution to new private limited companies, these may be formed without other contributions than that from the company being split. In such case, and where the equity interests of each new company are allocated to partners of the company split proportionally to their rights in the stated capital of this company, the report referred to in article 672 of same law is not required.
In cases referred to in the two foregoing paragraphs, members of the disappearing companies may act automatically as founders of the new companies and shall proceed in accordance with the provisions of this book.