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Overview of Foreign Exchange Regulations Applicable in the Democratic Republic of Congo in 2025

Introduction The foreign exchange regulations in the Democratic Republic of Congo (DRC) constitute a comprehensive framework of legal and administrative provisions designed to govern foreign exchange operations and currency flows. In 2025, these regulations represent a continuation of reforms initiated in recent years, whilst incorporating significant adaptations aimed at strengthening the use of the Congolese franc (CDF) and stabilising the country’s macroeconomic framework. I. The Institutional and Legal Framework A. The Central Bank of Congo as Regulatory Authority The Central Bank of Congo (BCC) remains the principal regulatory authority for the foreign exchange market in the DRC. Pursuant to its Organic Law No. 18/027, the BCC possesses extensive prerogatives to issue instructions and regulations in this domain. Its role centres on the definition and implementation of monetary policy, including the management of the exchange rate regime. B. Principal Sources of Regulation The foreign exchange regulations in the DRC are founded upon several fundamental texts: • The Organic Law of the BCC promulgated in 2018 defines the powers and missions of the Central Bank, notably its exclusive role in determining monetary and exchange policy. It establishes the BCC as the guarantor of monetary stability and the supervisory authority for foreign exchange operations. • The Administrative Instructions of the BCC, notably Instruction No. 007 governing the regulation of manual foreign exchange activity (modified in 2023), which defines the conditions for the exercise of manual foreign exchange activity, the obligations of authorised operators, and the applicable sanctions in the event of non-compliance with regulatory provisions. • Instruction No. 57 concerning the modalities for the transmission of data for the calculation of the indicative exchange rate. • Instruction No. 43 relating to the management of foreign currency accounts of residents and non-residents. It governs the conditions for opening, operating and closing foreign currency accounts in Congolese territory. • Specific instructions for certain strategic economic sectors (mining sector, petroleum sector). II. The Current Exchange Rate Regime A. A Managed Floating Exchange Rate Regime The DRC maintains in 2025 a managed floating exchange rate regime, wherein the rate of the Congolese franc is determined by supply and demand in the market, with occasional intervention by the BCC to limit excessive fluctuations. The indicative exchange rate published daily by the BCC serves as a reference for official transactions. B. Structure of the Foreign Exchange Market in the Democratic Republic of Congo The foreign exchange market in the DRC comprises: • The interbank foreign exchange market: a platform where commercial banks and authorised financial institutions exchange currencies amongst themselves. This market represents approximately 75% of the total volume of foreign exchange transactions and operates under the direct supervision of the BCC. Minimum transactions are fixed at USD 10,000 or equivalent, and operations must be declared within a timeframe of 24 hours. • Authorised exchange bureaux: these are commercial entities officially recognised by the BCC to conduct manual foreign exchange operations. There are approximately 230 authorised exchange bureaux in 2025, primarily concentrated in Kinshasa, Lubumbashi and Goma. They are subject to strict requirements regarding minimum capital (equivalent to USD 50,000), monthly reporting and compliance with anti-money laundering standards. • Authorised individual exchange dealers: Natural persons authorised to engage in small-scale manual foreign exchange activity. Their number has been progressively reduced since 2023, decreasing from more than 1,000 to approximately 400 in 2025, as part of a policy aimed at professionalising the sector. They are subject to a security deposit of USD 5,000 and regular controls of their activities. • Bilateral foreign exchange auctions organised by the BCC: these are mechanisms by which the Central Bank intervenes directly in the market to influence the exchange rate by selling or purchasing foreign currencies. These interventions, although occasional, play a crucial role in stabilising the Congolese franc during periods of increased volatility.   III. Specific Provisions of the Foreign Exchange Regulations in 2025 A. Promotion of the Use of the Congolese Franc Within the framework of measures to de-dollarise the Congolese economy, the BCC has strengthened in 2025 the provisions aimed at promoting the use of the Congolese franc. Since June 2024, a directive requires that all Electronic Payment Terminals (EPTs) be configured exclusively in the national currency. This measure, the complete implementation of which was anticipated for July 2024, is now fully effective in 2025. In concrete terms: • All merchants, service providers and commercial entities are required to display their prices exclusively in CDF. Display in foreign currencies is subject to a fine of up to the equivalent of USD 5,000, and in the event of recurrence, to a temporary administrative closure of the establishment. • Banking establishments and electronic payment operators have been required to reconfigure all payment terminals to accept only transactions in Congolese francs. This measure also applies to online payment platforms and mobile applications, with an obligation for automatic conversion of amounts in foreign currencies to CDF at the official rate of the day. • Any foreign exchange operation outside the official circuit (authorised exchange bureaux and exchange dealers) is considered illegal and subject to penal sanctions. Controls have been reinforced, particularly in border areas and commercial districts of major cities. • All fiscal and parafiscal obligations must be paid in the national currency. The tax administrations (DGI, DGDA, DGRAD) no longer accept any payment in foreign currencies, including for companies in the extractive sector that previously benefited from certain exemptions. • All contracts concluded between residents must be denominated in Congolese francs, including commercial and residential lease contracts that were traditionally expressed in US dollars. B. Regulation of Manual Foreign Exchange The regulation of manual foreign exchange, governed by Administrative Instruction No. 007 of 1 September 2023, defines two categories of authorised operators: • Exchange bureaux: these are legal persons constituted in the form of limited liability companies under OHADA law, and must satisfy the following conditions: o Possess a minimum fully paid-up share capital equivalent to USD 50,000 o Justify an appropriate commercial premises meeting specific security standards o Subscribe to professional risk insurance o Employ qualified personnel who have received training in anti-money laundering matters o Implement a management information system compliant with BCC requirements o Pay an annual fee equivalent to USD 2,500 o Submit detailed monthly activity reports to the BCC • Exchange dealers: these are natural persons authorised by the BCC, subject to the following requirements: o Deposit a security of USD 5,000 with a commercial bank o Justify a stable residence o Have no criminal record o Conduct the activity at a fixed location authorised by the BCC o Maintain a daily register of operations o Submit a simplified monthly activity report o Pay an annual fee equivalent to USD 500 o Limit transactions to a maximum amount of USD 10,000 per operation These operators are subject to strict obligations regarding authorisation, reporting, and compliance with anti-money laundering standards. C. Special Regimes for Strategic Sectors 1. The Mining Sector Mining companies are subject to a specific foreign exchange regime, defined by Law No. 007/2002 of 11 July 2002 establishing the Mining Code as amended and supplemented by Law No. 18/001 of 9 March 2018, combined with Decree No. 038/2003 of 26 March 2003 establishing the Mining Regulations as amended and supplemented by Decree No. 18/024 of 8 June 2018, and a dedicated instruction from the BCC. This regime notably provides for: • The obligation to repatriate export revenues: Mining companies must repatriate a minimum of 60% of their export revenues via the Congolese banking system. • Mandatory allocation of repatriated funds: Of the 60% repatriated, a minimum of 40% must be converted into Congolese francs to cover local expenses (salaries, taxes, local suppliers). The remaining 20% may be maintained in foreign currencies for the payment of imports necessary for the activity. • Specific modalities for the management of foreign currency accounts: Mining companies are authorised to hold foreign currency accounts with Congolese banks, but these accounts are subject to enhanced surveillance. Any movement exceeding USD 1 million must be subject to prior notification to the BCC. • Detailed monthly reporting obligations: These companies must produce specific monthly financial statements including the statement of sales, cash flows in foreign currencies and Congolese francs, and a statement of payments to local and international suppliers. • Annual audit of foreign currency flows: A specific audit of foreign currency flows must be conducted annually by an independent firm approved by the BCC, in addition to the classic financial audit. 2. The Petroleum Sector Similarly, exploration and production petroleum companies benefit from a special regime, taking into account the specificities of their activity: A portion of petroleum revenues transits through specific escrow accounts, under the joint control of the BCC and the Ministry of Hydrocarbons. The requirements for conversion into Congolese francs vary depending on whether the company is in the exploration phase (minimum conversion of 30% of repatriated funds) or production phase (minimum conversion of 50%). Petroleum companies are authorised to establish exchange risk hedging mechanisms with prior approval from the BCC. Subcontracting companies in the petroleum sector benefit from an intermediate regime, with an obligation to repatriate 40% of their revenues and convert at least 25% of these funds into Congolese francs. IV. Exchange Controls and Reporting Obligations A. Exchange Control Transactions in national territory must in principle be conducted in the national currency (Congolese francs), but the holding of foreign currencies is permitted. The Law on Combating Money Laundering and the Financing of Terrorism limits to USD 10,000 the cash that may be held upon entry to or exit from the national territory. Any movement exceeding this sum must be made by bank transfer. The Central Bank of Congo levies a Foreign Exchange Monitoring Fee of 2‰ on all the following foreign exchange operations without distinction as to the status of the originator or beneficiary: a) Account supply by international transfer and all payments from or to abroad; b) International debiting of a resident account in foreign currency (RME) or a non-resident account in foreign currency (NRME) using a bank card; c) Any importation without purchase of foreign currencies; d) Any exportation without repatriation of foreign currencies; and e) Any importation or exportation conducted outside the national banking system. After having paid the relevant tax, having completed the appropriate forms “Model RC”, “Model EB” or “Model IB”, and having submitted the other supporting documents required by the Central Bank, commercial banks are authorised to transfer dividends, capital gains, interest, commissions and fees on foreign loans outside the DRC. B. Reporting Obligations Commercial banks, exchange bureaux and other economic operators are subject to regular reporting obligations to the BCC concerning: • Daily declarations of foreign currency transactions: Commercial banks must transmit electronically, before 16:00 hours each working day, a detailed statement of all foreign exchange operations conducted, including volume, applied rates and the identity of originators for transactions exceeding USD 5,000. • Weekly reporting of cross-border financial flows: A summary statement of incoming and outgoing international transfers must be transmitted each Friday, classified by nature of operation (imports, exports, services, investment income, etc.). • Monthly declaration of foreign exchange positions: Before the 10th of each month, financial institutions must communicate their foreign exchange positions by currency, including their forward commitments, options and other derivative products. • Detailed quarterly reporting for companies in the extractive sector: These companies must produce a special report including the statement of export sales, details of repatriated funds, and justification for the use of foreign currencies retained abroad. • Annual declaration of assets abroad: Congolese residents (natural and legal persons) holding financial assets abroad exceeding USD 50,000 must declare them annually to the BCC, specifying their nature, location and value. V. Conclusion The foreign exchange regulations in the DRC in 2025 are part of an approach to consolidate the country’s monetary sovereignty, whilst adapting to national and international economic realities. The emphasis on de-dollarisation of the economy and promotion of the Congolese franc constitutes the central element of this policy, with the objective of macroeconomic stabilisation and strengthening the effectiveness of national monetary policy. Economic operators, both national and international, must therefore pay particular attention to these regulatory provisions, the misunderstanding of which may lead to significant administrative and financial sanctions.  
LEGALTER AVOCATS - June 2 2025

Public procurement overview in Democratic Republic of Congo

Introduction The Democratic Republic of Congo (DRC) has undertaken a significant modernisation of its public procurement system, marked by the enactment of Law No. 10/010 of 27 April 2010 pertaining to public procurement.This legislative reform is part of a broader initiative aimed at enhancing transparency, efficiency and good governance in the management of public resources. The present article provides a comprehensive overview of the legal and regulatory framework governing public procurement in the DRC, highlighting the fundamental principles, procurement procedures, and control and regulatory mechanisms established to ensure the integrity of the process. 1.   Relevant legislation The relevant legislation governing the awarding of public contracts in the Democratic Republic of Congo (DRC) is primarily based on Law No. 10/010 of 27 April 2010 relating to public procurement (Public Procurement Act). This legislation aims to modernise the public procurement system in the DRC, with an emphasis on transparency, efficiency and good governance. It forms part of a broader initiative by the Congolese government to combat corruption and improve the management of public resources. The Public Procurement Act establishes the following fundamental principles: freedom of access to public procurement; transparency of procedures; equal treatment of candidates; economy and efficiency of the acquisition process; and consideration of national expertise and competencies. This Act establishes the Public Procurement Regulatory Authority, which is responsible for regulating the system of awarding public contracts and public service delegation agreements. The Public Procurement Act is accompanied by several implementing decrees and regulations, the most recent of which is Decree No. 23/14 of 3 March 2023 on the manual of public procurement procedures. It should be noted that provincial edicts organise specific provisions relating to contracts and public service delegations entered into by provinces and decentralised territorial entities. Contracts pertaining to the acquisition of equipment, supplies and services of any nature related to national defence, security and the strategic interests of the state shall be concluded following the adoption of a decree by the prime minister. This decree shall define the procurement procedure for these contracts, which may exclude, in whole or in part, the use of tender procedures and direct agreement processes. 2.   Applicability of procurement law The provisions of the law relating to public procurement shall apply to contracts concluded by: the central government, its deconcentrated services and auxiliary services; the provinces and decentralised territorial entities and their auxiliary services; public establishments and commercial companies with majority public participation; all other bodies created by the state whose activity is financed or guaranteed by the state; institutions governed by public law; and legal persons governed by private law acting under mandate and benefiting from financing or guarantee from persons governed by public law. The Public Procurement Act does not enumerate the types of contracts excluded from its scope of application. Nevertheless, the following principal types of contracts are generally not subject to this regulation: employment contracts between the State and its civil servants or public agents, international agreements and grants or subsidies between the DRC and other States or international organisations, secret defence contracts are exempt from the standard public procurement procedure, land acquisitions and public–private partnership (PPP) contracts that are subject to specific regulations. 3.   Advertisement and selection Public procurement contracts with an amount equal to or exceeding the regulatory threshold are subject to a competitive tender notice made known to the public. These calls for expressions of interest are generally announced in the following publications: The Integrated Public Procurement Management System, accessible at https://marchepublic.cd/, is the main publication platform. This portal centralises information relating to public procurement, including calls for expressions of interest. Publications of the Public Procurement Regulatory Authority (PPRA) on its website: The PPRA regularly publishes information on public procurement, including calls for expressions of interest. Websites of contracting authorities: Ministries, government agencies and other public entities may publish calls for expressions of interest on their respective websites. Tender documents or consultation documents must be made known to candidates in advance and made available to them by electronic means, provided that these documents are also made available to candidates by post, if they so request. The Public Procurement Act stipulates that a prior and precise assessment of needs by the public purchaser, before the initiation of any procurement procedure, constitutes a condition for the contract to be awarded and executed under the most favourable economic conditions. The completion of preliminary draft studies or detailed preliminary design studies is necessary in certain cases for works contracts. The public procurement units attached to the contracting authorities prepare a procurement planning document and a definition of needs (which may require preliminary technical studies) in a standard tender document prepared by the PPRA. The law expressly prohibits the contracting authority from resorting to provisions or criteria that, by their requirements, exclude certain categories of candidates based on considerations other than those of the provisions of the law relating to public procurement. The criteria for evaluating tenders and the procedures for awarding contracts must be clearly stated in the tender documents and communicated to all potential bidders. 4.   The procurement procedures Public Procurement Act requires adherence to certain fundamental principles in the design and implementation of a procurement procedure. These principles are equal treatment, transparency, non-discrimination, free competition, economy and efficiency, integrity, publicity and objectivity. These principles aim to ensure that public procurement procedures in the DRC are fair, transparent and effective, while ensuring optimal use of public resources. The most common procurement procedure is the tender process (national or international). However, the law provides for the use of less competitive procedures, including restricted tender procedures, quotations and exclusive tenders in particular circumstances, subject to the approval of the Authority. Contracting authorities indeed have the possibility to choose between different procedures, but some are only available under certain conditions. It is important to note that the choice of procedure is not entirely free. Contracting authorities must respect the principles of public procurement, particularly transparency and competition. The use of more restrictive procedures (such as restricted tender or direct agreement) must be justified by specific conditions provided for by law. Public procurement legislation allows for the direct award of a regulated contract, also known as a direct agreement procedure, in specific and exceptional circumstances. This procedure is authorised particularly when the needs can only be met by a service requiring the use of a patent, licence or exclusive rights held by a single contractor, supplier or service provider. It is also authorised in cases of urgent necessity, for low-value contracts or for services complementary to a previously executed contract. Recourse to the direct agreement procedure must be exceptional and justified. The contracting authority must obtain prior authorisation from the Directorate General for Public Procurement Control before initiating the direct agreement procedure. This authorisation is granted after examination of the reasons put forward by the contracting authority to justify the use of this exceptional procedure. 5.   Procurement regulator or other body with oversight responsibilities over the conduct of procurements The Public Procurement Regulatory Authority (ARMP)’s mission is to ensure the regulation of the public procurement system and public service delegation agreements. It is specifically responsible for: issuing conformity opinions, proposals or recommendations in the context of policy definition, development or updating of legislation on public procurement and public service delegations. In this capacity, the ARMP enjoys the exclusive prerogative of validating and updating legislation and all standard documents relating to public procurement and public service delegation, which it submits to the competent authority; conducting reforms for the modernisation of procedures and tools for public procurement and public service delegations; examining pre-contractual appeals and proceeding with the non-judicial settlement of disputes arising during the award of public contracts and public service delegations; promoting the implementation, by all public procurement actors, of ethical devices and integrity pacts aimed at proscribing corruption; ensuring, through independent audits, the ex-post control of public procurement and public service delegation procedures and, where appropriate, imposing sanctions for proven violations of the regulations in this area; carrying out monitoring and periodic evaluation missions, taking into account performance indicators in the award, control and execution of public contracts and public service delegations; ensuring the information and training of all public procurement actors, the development of the professional framework and the evaluation of the performance of actors in the system of awarding, controlling and executing public contracts and public service delegations; and assisting, as a liaison body, international and regional organisations in monitoring public procurement or public service delegation procedures. In the public procurement system of the Democratic Republic of Congo (DRC), three appeal bodies have distinct powers to address violations of legislation: the person responsible for the contract, the CRD, and the administrative judge for interim relief. The person responsible for the contract handles initial administrative appeals, with power limited to response or implicit rejection. The CRD, seized in the case of dissatisfaction, possesses extensive powers including correction of irregularities and cancellation of procedures, with decisions subject to appeal. The judge for interim relief, intervening before the conclusion of the contract, has extensive powers to correct irregularities, with decisions not subject to appeal. This hierarchy of appeals ensures gradual and comprehensive protection, combining administrative flexibility and legal authority, to guarantee the integrity of the public procurement process. Conclusion The public procurement system in the Democratic Republic of Congo has undergone a notable evolution, reflecting the government's commitment to promote transparency, equity, and efficiency in the utilisation of public funds. The establishment of a robust legal framework, embodied by Law No. 10/010 and its implementing decrees, as well as the creation of the Public Procurement Regulatory Authority (ARMP), attest to this commitment. Whilst challenges persist, particularly in terms of implementation and capacity building, the foundations of a modern public procurement system are now in place. The emphasis on the dematerialisation of procedures, the promotion of competition, and the fight against corruption paves the way for more effective and transparent management of public resources.  
LEGALTER AVOCATS - January 13 2025

Overview: Taking Security in the Democratic Republic of Congo

Legal Context The Democratic Republic of Congo (hereinafter "DRC") has been a member of the legal framework of the Organisation for the Harmonisation of Business Law in Africa (OHADA) since 12 September 2012. The integration of the DRC into OHADA has had significant repercussions on its legal system. Upon the treaty's entry into force, all Uniform Acts promulgated by OHADA were automatically incorporated into the Congolese legal corpus. These texts, which cover various aspects of business law, are directly applicable throughout the DRC territory, without requiring any additional adoption or transposition procedure into domestic law. Among the OHADA Uniform Acts is the one pertaining to the organisation of securities ("AUS"), adopted on 15 December 2010. This act constitutes the legal basis for securities in the OHADA space and provides a unified legal framework for taking security in 17 other African countries. This article presents the essential aspects that practitioners and investors should be aware of. Common Types of Securities The Uniform Act regulates several types of securities that guarantee the payment of a debt. These securities are divided into three main categories: personal securities, movable securities, and immovable securities. Personal securities include suretyship, where a third party commits to fulfilling the debtor's obligation in case of default, and autonomous guarantee, which is an independent commitment from the principal obligation, payable on first demand. In the category of movable securities, one finds the pledge of tangible movable property, which relates to tangible movable assets such as inventory or vehicles, and the pledge of intangible movable property, which may concern receivables, bank accounts, shareholder rights and securities, intellectual property rights, or even business assets. There are also ownership-based securities, such as retention of title, which suspends the transfer effect of a contract until full payment, assignment of receivables as security, and fiduciary transfer of money. Among specific movable securities, there is the right of retention, which allows a creditor to retain a debtor's property until full payment, and privileges, which are preferential rights granted by law to certain creditors. Finally, immovable securities include mortgages, which encumber real property, and immovable privileges, similar to movable privileges but relating to immovable property. Perfection of Securities The perfection of securities is an essential process to ensure their legal effectiveness and enforceability against third parties. It varies according to the nature of the asset concerned but generally involves a registration procedure in a public register. For movable securities, registration with the Trade and Personal Property Credit Register (RCCM) is often required, thus ensuring the publicity of the security; in the specific case of pledges of receivables, formal notification to the debtor or their participation in the contract is necessary to make the security effective. Finally, for immovable securities such as mortgages, registration with the Land and Property Registry is essential, thus formalising the charge on the immovable property and informing potential third parties of the existence of this security, which helps establish the creditor's priority in case of default or insolvency proceedings. Enforcement of Securities The main methods of enforcing securities offer creditors different options to recover their claims in case of debtor default. These mechanisms, designed to balance creditors' rights and debtor protection, are divided into three principal modalities: Firstly, the forfeiture agreement allows the creditor to become the owner of the encumbered property if the debtor fails to fulfil their obligations. This provision offers a quick recovery route, but it comes with an important restriction: it is formally prohibited for the debtor's primary residence, which constitutes an essential protection to prevent individuals from becoming homeless in case of financial difficulties. Secondly, judicial attribution offers the creditor the possibility to request from the court the attribution of the property in payment of the debt. This procedure involves the intervention of a judge, who assesses the situation and may decide to attribute the property to the creditor as settlement, thus ensuring judicial control over the enforcement process. Finally, forced sale represents the classic procedure and is often used as a last resort. It involves the seizure of the property through judicial means, followed by a public auction. This process, although longer and more complex, guarantees a certain transparency and potentially allows obtaining the best price for the seized property, in the interest of both the creditor and the debtor. These three enforcement methods form a comprehensive legal arsenal, allowing the response to be adapted to the specific situation of each default case, while maintaining a balance between recovery efficiency and the protection of debtors' fundamental rights. Insolvency and Creditor Hierarchy OHADA law has established a comprehensive legal framework to address situations of insolvency and corporate restructuring. This system aims to balance the protection of creditors' interests and the possibility of recovery for viable companies. Firstly, OHADA law favours preventive approaches. The conciliation procedure offers a confidential and flexible framework allowing a company facing financial difficulties to negotiate with its main creditors under the aegis of a conciliator appointed by the court. This approach aims to find amicable solutions before the situation deteriorates further. Preventive settlement, on the other hand, is a more formal procedure intended for companies which, without being in a state of cessation of payments, are experiencing a difficult but not irremediably compromised economic and financial situation. This procedure allows the company to benefit from a suspension of individual proceedings and to develop a recovery plan under the supervision of an expert. In the event of proven insolvency, OHADA law establishes a clear hierarchy of creditors. Secured creditors, i.e., those benefiting from securities on the company's assets, enjoy a privileged rank in the order of repayment. However, this privilege is tempered by the existence of so-called "super-privileged" claims. The latter, generally related to employee wages or certain tax claims, take precedence even over secured claims, thus reflecting social and public interest considerations. An important aspect of OHADA insolvency law concerns the suspect period. This period, set at six months before the official opening of insolvency proceedings, is subject to particular attention. Legal acts and transactions concluded during this period are examined with great vigilance. Some of these acts may be declared null and void if they are deemed prejudicial to creditors' interests or if they were concluded under abnormal conditions. This provision aims to prevent fraudulent manoeuvres or favours granted to certain creditors to the detriment of others just before the opening of proceedings. Points of Attention Local Specificities Although OHADA harmonises securities law, certain national particularities remain, especially in terms of registration. Indeed, the legislation of each State may provide for a particular regime of securities concerning certain assets. This is the case in the DRC, where mining assets and aircraft have a specific regime in terms of securities regarding their constitution, registration, and enforcement. Future Assets Securities may cover future assets, provided they are sufficiently identified. This identification must be precise enough to allow unambiguous recognition of the concerned assets once they exist. For example, it may involve future harvests of an agricultural operation, receivables to arise from a contract under negotiation, or machines that will be acquired as part of an investment plan. Security Agent The role of security agent is recognised in the Democratic Republic of Congo, facilitating syndicated financing. Only national or foreign financial institutions or credit establishments can have the quality of security agent. The security agent acts in its own name but for the benefit of the creditors who have designated it for this purpose. The designation act, which must be established in writing, must include, under penalty of nullity, certain mentions such as the determination of the guaranteed obligations, the identity of the creditors and the agent, or the duration of the mission. Conclusion In conclusion, although the OHADA framework provides a solid basis for taking security in the DRC, the success of operations largely depends on a cautious and well-informed approach. The combination of rigorous due diligence and the expertise of local advisors constitutes the best strategy to successfully navigate this complex and dynamic legal environment, thus maximising the chances of effectively securing investments and transactions in the Democratic Republic of Congo.  
LEGALTER AVOCATS - November 5 2024