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Benin report - Institut Africain de la Gouvernance

Benin report - Institut Africain de la Gouvernance

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CHAPTER FIVE: CORPORATE GOVERNANCE__________________________________________________________________________CNSS, the Cotonou Port Authority, and Continental Banque Bénin. Thecharge dockets of these misappropriation cases have been forwar<strong>de</strong>d to theCourt of First Instance or the legal <strong>de</strong>partment, but very little has been done interms of following up on these cases or taking criminal action against thesedishonest managers. However, the CRM learnt that the new lea<strong>de</strong>rship hasstarted taking criminal action against some managers of state-ownedcompanies accused of embezzling state funds.iii.Recommendations of the APR Panel732. In light of the aforementioned, the APR Panel would like to make thefollowing recommendations:Defining the criteria for appointing board members and managers of publicenterprises, making sure that recruitment and promotion are done througha call for nomination or competitive examination, as the case may be(government).Adopting regu<strong>la</strong>tions to ensure the effective functioning of the financia<strong>la</strong>nalysis centre for state-owned enterprises (government).Aligning the legal frameworks governing the functioning of state-owne<strong>de</strong>nterprises and semipublic companies, as well as the legal regu<strong>la</strong>tionsgoverning the social, cultural and scientific boards with the OHADAdirectives (government).Promulgating the two implementing <strong>la</strong>ws of Article 743 of OHADAdirectives on cases of negligence against managers of public enterprises(government).Expanding the experience of the CGAs and expanding the scope of theirintervention to enable them to provi<strong>de</strong> effective support to micro and smallenterprises in all areas of management (government).Improving the working conditions of examiners, auditors and charteredaccountants in or<strong>de</strong>r to guarantee the in<strong>de</strong>pen<strong>de</strong>nce and objectivity ofjudgments and the efficient conduct of their missions (government and theO.EC.C.A-Bénin).242

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