الإطار القانوني لتصفية البنوك في موريتانيا

Abstract EN

The legal framework for bank liquidation, in the Mauritanian Banking Act N 2018/036 raises many legal and constitutional issues.

In addition to this special law and general rules for liquidation contained in the Law of Obligations and Contracts and the Commercial Code, some regulatory texts Issued by the Banking Supervision and Supervision Authority could be found, in the same field.

The foregoing poses a serious constitutional problem, as the Article 57 of the Mauritanian Constitution suggests that the banks should be an area of law, which raises the constitutionality of the regulatory texts issued by the Central Bank of Mauritania.

In addition to the above, if the central bank acquires supervisory authority over all primary banks.

The latter are technically not affiliated to it in the legal sense, as they are considered to be a legal person subject to the law themselves.

The problem this could pose is the fact that Central Bank of Mauritania could be a party to a dispute against a primary bank, which could make it’s applicable texts void as to the nature of the dispute brought before the court.