Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon
Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613571881369600 |
|---|---|
| access_status_str | Open Access |
| author2 | Basimanyane, Dorcas K. |
| author_browse | Basimanyane, Dorcas K. |
| author_facet | Basimanyane, Dorcas K. |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/106952 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:16.420Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/106952 A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon Basimanyane, Dorcas K. basil.ekole@corecareafrica.org Najembe, Ekole Bazil UCTD Sustainable Development Goals (SDGs) OHADA Uniform Act on Secured Transaction ( 2010) Finanacila inclusion Small and Medium Size Enterprises ( SMEs) Demand Guarantees ( Bank Guarantees) Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025. Small and Medium Enterprises (SMEs) are increasingly recognised for their valuable contributions to economic advancement. In Cameroon, they play a critical role in job creation, income distribution and poverty alleviation. Despite their potential, SMEs face significant financial barriers, especially in accessing trade finance. This dissertation examines the extent to which the OHADA Uniform Act Organising Securities (2010) facilitates or impedes the use of bank (demand) guarantees by SMEs in Cameroon as a financing instrument to access trade financing. The paper further examines the conceptual and theoretical nature of demand guarantees. It also discusses the facilitation role of demand guarantees for SMEs' growth, as well as their legal rigidity, institutional shortcomings, and limited awareness of the instrument. Employing doctrinal and content analysis methods, the paper examines the legal and institutional frameworks governing bank guarantees in Cameroon under the 2010 revised OHADA Uniform Act Organising Securities, as well as their effective practical applications. The findings reveal that, although the harmonised legal framework established standardised legal structures that enhance credit predictability for the use of demand guarantees, there exist some restrictive provisions, such as fixed nomenclature requirements, a lack of flexibility in its applicability, and ambiguous enforcement mechanisms. Drawing on legal theory, international best practices, and economic data, the dissertation presents legal and policy recommendations to enhance the effectiveness of OHADA-compliant bank guarantees. Through regulatory reform, enhancing transparency, flexibility, and legal certainty can significantly enhance SME access to finance, encourage intra-African trade, and improve economic development in Cameroon. Centre for Human Rights LLM (International Trade and Investment Law in Africa) Unrestricted Faculty of Laws SDG-01: No poverty SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions SDG-09: Industry, innovation and infrastructure 2025-11-27T08:13:36Z 2025-11-27T08:13:36Z 2025-12-10 2025-09-30 Mini Dissertation * D2025 http://hdl.handle.net/2263/106952 Disclaimer Letter en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) OHADA Uniform Act on Secured Transaction ( 2010) Finanacila inclusion Small and Medium Size Enterprises ( SMEs) Demand Guarantees ( Bank Guarantees) A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title | A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title_full | A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title_fullStr | A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title_full_unstemmed | A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title_short | A legal analysis of OHADA bank guarantees and their impact on access to trade finance by small and medium size enterprises in Cameroon |
| title_sort | legal analysis of ohada bank guarantees and their impact on access to trade finance by small and medium size enterprises in cameroon |
| topic | UCTD Sustainable Development Goals (SDGs) OHADA Uniform Act on Secured Transaction ( 2010) Finanacila inclusion Small and Medium Size Enterprises ( SMEs) Demand Guarantees ( Bank Guarantees) |
| url | http://hdl.handle.net/2263/106952 |