Legal and judicial security of economic activities is a prerequisite for investment and business development, form a stable legal framework, transparent and adapts to the modern business world. Togo has a legal framework with the single acts of the Organization for the Harmonization of Business Law in Africa (OHADA). But the legal certainty provided by the modernization and unification of law is not enough. Must still ensure the safety of their judicial application that can be secured through well-functioning courts in corporate law, handling procedures adapted to the speed solutions, the protection of creditor rights and corporate recovery into trouble..

OHADA provides for the establishment and operation in the Member States of the Trade Registry and Credit (RCCM) which shall contain the documents concerning the creation of societies and their modifications so that those on collateral (credit furniture). In Togo, this function is provided by the Registry of the Commercial Court. Disputes over the right cases are brought before the commercial divisions of courts of first instance and appeal. But an essential feature of business law is not applied in Togo: the enforcement and interpretation of uniform standards by the Common Court of Justice and Arbitration (CCJA), the Supreme Court of Cassation single OHADA. This provision should ensure greater impartiality by judges who are removed from their national embassies and have a fee that is more immune to corruption. It also helps to create a precedent for all member countries including trial courts and appeals will follow. Unfortunately, Togo does not comply with this important provision of the OHADA law. His Supreme Court did not declare incompetent when cases are appealed by the defendant before it, but does not the sentence, which would be contrary to the Treaty of OHADA. This results in a deadlock situation detrimental to the smooth functioning of justice in commercial matters in Togo.

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