2015-12-09

Regulation 019 on Organizational Provisions for Decentralized Financial Institutions

The Central Bank of the Comoros issued Regulation No. 19/2015 to establish organizational rules for Decentralized Financial Institutions (IFDs) under Law No. 13-003/AU. The regulation mandates that IFDs adopt legal forms recognized by OHADA uniform acts, specifically requiring cooperative societies to utilize the board of directors structure. It entered into force upon signature on November 30, 2015, granting institutions a one-year compliance period while abrogating conflicting prior provisions.

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CENTRAL BANK OF THE COMOROS

REGULATION No. 19/2015/BCC/DSBR

RELATING TO CERTAIN ORGANIZATIONAL PROVISIONS

OF DECENTRALIZED FINANCIAL INSTITUTIONS (IFDs), IN APPLICATION OF

LAW No. 13-003/AU.


Having regard to Law No. 80-08 of June 26, 1980, relating to currency and the role of the Central Bank of the Comoros in the control of banks and financial establishments, credit, and foreign exchange;

Having regard to Law No. 13-003/AU of June 12, 2013, regulating the activities of Financial Institutions, in its Articles 11 paragraph 2, 15, and 103;

Having regard to the OHADA uniform act relating to the law of cooperative societies dated December 15, 2010;

Having regard to the OHADA uniform act relating to the law of commercial companies and the Economic Interest Grouping dated April 17, 1997;


Article 1:

IFDs may take all legal forms of companies established by the OHADA uniform acts relating to commercial companies and cooperative societies.

Regarding cooperative societies, only the form with a board of directors is compliant with Article 15 of the banking law.


Article 2:

The provisions of this regulation shall enter into force as of its date of signature.

All provisions contrary to this regulation are hereby repealed.

However, IFDs have a period of one year from the date of entry into force of this regulation to achieve compliance.


Moroni, November 30, 2015

The Governor Mzé Abdou Mohamed Chanfiou


Place de France. BP 405 MORONI TEL: (269) 773 18 14 - (269) 773 10 02 – FAX: (269) 773 03 49 E-mail: secretariat@banque-comores.km Site: www.banque-comores.km