Daily Law Tips (Tip 818) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2021/07/Justice-Ejembi-Eko-1.jpg")
![image](/2021/07/LawPavilion0.jpg")
Introduction:
![image](/2021/07/escrow-service1.jpg")
There are several reasons to set up a social venture in the
world. From fighting illiteracy, hunger, terrorism and pandemics to
promoting rights, cultures, religions and fantasies. The most
populous black nation (Nigeria) is home to many national, regional
and international Non-Governmental and Not-For-Profit Organizations
(charities, societies, associations, NGOs, NPOs, clubs, schools,
professional bodies, religious bodies, community initiatives,
cultural groups and any other group). The choice of Nigeria is not
only because of its tax-exemptions and increasing ease of doing
business. Well, as you will discover in this work, registering
Non-Governmental and Not-For-Profit Organizations in Nigeria is
easy, fast, predictable and open to Nigerians and foreigners.
This work reveals a short practical guide on the requirements
for the formation and registration of Non-Governmental and
Not-For-Profit Organizations in Nigeria. It goes beyond the
provisions of the federal law (Companies and Allied Matters Act,
2020), by further exposing some requirements that are omitted in
the law but often demanded by the concerned federal agency
(Corporate Affairs Commission).
Corporate Affairs Commission (CAC) and the Registration
of Non-Governmental and Not-For-Profit
Organizations:
Corporate Affairs Commission (CAC) is a federal agency, in
charge of the formation and registration of corporate beings,
whether for profit and not for profit. Hence, across Nigeria, the
Corporate Affairs Commission (CAC) manages the registration of
businesses, registered partnership, companies, Non-Governmental
Organizations and Not-For-Profit Organizations. It also houses
records of all registered formations.
In the Corporate Affairs Commission (CAC), the registration of
Non-Governmental and Not-For-Profit Organizations covers entities
like; charities, societies, associations, NGOs, NPOs, clubs,
schools, religious bodies, community initiatives, cultural groups
and any other group. Such entities must be for religious,
educational, literary, scientific, social, development, cultural,
sporting or charitable purposes. However, it does not cover
political parties, trade unions, secret cults and lawless
movements.
The formation and registration of Non-Governmental and
Not-For-Profit Organizations, makes such formed entities to become
corporate persons/beings. As corporate beings, the entities are
different from their owners and members. The entities can own and
sell movable and immovable property (including lands and bank
accounts), own a common seal and perpetual succession, take actions
and positions in life, sue and be sued in its name, among other
things. The formation and registration of entities at the Corporate
Affairs Commission (CAC) is lawful and recognized across the
world. Click to download a free copy of the Companies and
Allied Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[1]>
Information and Documents for the Registration
of Non-Governmental and Not-For-Profit
Organizations:
Expectedly, the Corporate Affairs Commission (CAC) require
certain information and documents from persons seeking to form and
register an entity, including; Non-Governmental and Not-For-Profit
Organizations. The information must be provided timely and only
guanine information should be supplied to avoid criminal
prosecution and imprisonment for one year or fine. Click to
download a free copy of the Companies and Allied Matters Act, 2020
<https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[2]>
Here are the information and documents that the federal agency
(Corporate Affairs Commission) will request for the registration of
Non-Governmental and Not-For-Profit Organizations.
- The unique name for the organization sought to be registered.
(Nigerian government through the Corporate Affairs Commission may
refuse to approve a name, where a similar name exists or the name
is deceitful, misleading or unlawful). - The proposed clear and lawful arms and objectives of the
organization. This is the well-articulated specific vision, mission
and role of the organization. This may be amended by CAC to align
with the laws of Nigeria. - List of Trustees (a person of any Nationality that will be
serving on the Board of Trustees of the organization being
registered). Such persons must not be infants, bankrupt and
convicts, rather must be persons of sound mind. There is need for
the Board of Trustees to have a Chairman (President) and the
Secretary, since they will sign some documents during the
registration processes. - Particulars of Trustees (the members of the Board of Trustee)
must be provided. This will include; Name, Home Address,
Occupation, Date of birth, Email address, Telephone, Passport
photograph, scanned signature and a copy of any government issued
means of identification). - Oath Declarations by Trustees before a Notary Public or
Commissioner of Oath. - The proposed Constitution of the Organization. This must be
prepared to suit the Nigerian standard using the precedents
provided by the Corporate Affairs Commission (CAC). Hence,
organizations are not allowed to submit their unique
(often-detailed) proposed constitutions, rather the short
constitution form of about 4 pages, provided CAC are to be used.
Note that the often-detailed Constitution of organization not
accepted by CAC, may be later used by the organization as Bye-Laws
or Operational Manuals and Guidelines but subject to the overriding
powers of the Constitution approved by the CAC. - The common seal (often an iron seal bearing the name and logo
of the organization). - Newspaper publications of proposed Name, Objectives and
Trustees in 2 Newspapers - Physical Address within Nigeria as address of the organization.
This does not stop the organization from having offices and
addresses outside of Nigeria. - Application letter, Completed Application Form, Minutes of
Meeting and Proof of payment of Statutory fees. - Click to download a free copy of the Companies and Allied
Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[3]>
Conclusion:
Nigeria a liberal state, allows Nigerians and foreigners to
form, register, manage and run entities in Nigeria. Hence, a
foreigner can register and own an entity in Nigeria without a
Nigerian. This is one of the few countries that offer such
privileges in Africa. To ensure this position does not change
overnight, there are several federal laws that have enshrined this
position. Click to download a free copy of the Companies and Allied
Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[4]>
Formation and registration of entities, whether national,
regional or international Non-Governmental and Not-For-Profit
Organizations (charities, societies, associations, NGOs, NPOs,
clubs, schools, professional bodies, religious bodies, community
initiatives, cultural groups and any other group) is a sure and
predictable path in Nigeria. The services of legal practitioners
are needed for the formation and registration of entities in CAC to
ensure and guaranty timely and smooth process. Wont you rather
register and invest in Nigeria, today?
My authorities, are:
- Sections 1, 2, 3, 4, 5, 6, 318 and 319 and the Fourth Schedule
to the Constitution of the Federal Republic of Nigeria, 1999. - Sections 1, 4, 8, 823 to 839, 868, 870 of the Companies and
Allied Matters Act, 2020. Click to download a free copy of the
Companies and Allied Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[5]> - Onyekachi Umah, “Is Government Taking Over Unclaimed Dividend
and Shares?” (LearnNigerianLaws.com, 25 March 2021) <https://learnnigerianlaws.com/is-government-taking-over-unclaimed-dividend-and-shares/[6]> accessed 4 August
2021. - Onyekachi Umah, “Does the New Finance Act Exempt Companies from
CAC Annual Returns?” (LearnNigerianLaws.com, 17 March 2021)
<https://learnnigerianlaws.com/does-the-new-finance-act-exempt-companies-from-cac-annual-returns/[7]> accessed 4 August
2021 - Onyekachi Umah, “Why Lawyers Are No Longer Needed In The
Formation Of Companies” (LearnNigerianLaws.com[8], 9 November 2020)
<https://learnnigerianlaws.com/why-lawyers-are-no-longer-needed-in-the-formation-of-companies/[9]>accessed 4 August
2021 - Onyekachi Umah, “CAC Can Now Takeover Churches, Mosques,
Associations and NGOs” (LearnNigerianLaws.com[10], 18 August 2020)
<https://learnnigerianlaws.com/takeover-of-not-for-profits-by-cac/[11]>accessed 4 August
2021 - Onyekachi Umah, “Company Secretaries Are Not Needed In Small
Companies” (LearnNigerianLaws.com[12], 13 August 2020)
<https://learnnigerianlaws.com/company-secretaries-are-not-needed-in-small-companies/[13] > accessed 4
August 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN[14] or Telegram group, via
the below link: https://t.me/LearnNigerianLaws[15]
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws[16],
Instagram:@LearnNigerianLaws[17],
Twitter: @LearnNigeriaLaw[18],
YouTube: Learn Nigerian
Laws[19],
WhatsApp Groups via (https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN[20]),
Telegram Group: (https://t.me/LearnNigerianLaws[21]),
Facebook group: (https://www.facebook.com/groups/129824937650907/?ref=share[22])
or visit our website: (www.LearnNigerianLaws.com[23] )
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com[24] {A Free Law
Awareness Program of Sabi Law Foundation, supported by the law firm
of Bezaleel Chambers International (BCI).} Sabi Law Foundation is a
Not-For-Profit and Non-Governmental Legal Awareness Organization
based in Nigeria. For sponsorship and partnership, contact:
sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or +234 903
913 1200.
Daily Law Tips (Tip 818) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
There are several reasons to set up a social venture in the
world. From fighting illiteracy, hunger, terrorism and pandemics to
promoting rights, cultures, religions and fantasies. The most
populous black nation (Nigeria) is home to many national, regional
and international Non-Governmental and Not-For-Profit Organizations
(charities, societies, associations, NGOs, NPOs, clubs, schools,
professional bodies, religious bodies, community initiatives,
cultural groups and any other group). The choice of Nigeria is not
only because of its tax-exemptions and increasing ease of doing
business. Well, as you will discover in this work, registering
Non-Governmental and Not-For-Profit Organizations in Nigeria is
easy, fast, predictable and open to Nigerians and foreigners.
This work reveals a short practical guide on the requirements
for the formation and registration of Non-Governmental and
Not-For-Profit Organizations in Nigeria. It goes beyond the
provisions of the federal law (Companies and Allied Matters Act,
2020), by further exposing some requirements that are omitted in
the law but often demanded by the concerned federal agency
(Corporate Affairs Commission).
Corporate Affairs Commission (CAC) and the Registration
of Non-Governmental and Not-For-Profit
Organizations:
Corporate Affairs Commission (CAC) is a federal agency, in
charge of the formation and registration of corporate beings,
whether for profit and not for profit. Hence, across Nigeria, the
Corporate Affairs Commission (CAC) manages the registration of
businesses, registered partnership, companies, Non-Governmental
Organizations and Not-For-Profit Organizations. It also houses
records of all registered formations.
In the Corporate Affairs Commission (CAC), the registration of
Non-Governmental and Not-For-Profit Organizations covers entities
like; charities, societies, associations, NGOs, NPOs, clubs,
schools, religious bodies, community initiatives, cultural groups
and any other group. Such entities must be for religious,
educational, literary, scientific, social, development, cultural,
sporting or charitable purposes. However, it does not cover
political parties, trade unions, secret cults and lawless
movements.
The formation and registration of Non-Governmental and
Not-For-Profit Organizations, makes such formed entities to become
corporate persons/beings. As corporate beings, the entities are
different from their owners and members. The entities can own and
sell movable and immovable property (including lands and bank
accounts), own a common seal and perpetual succession, take actions
and positions in life, sue and be sued in its name, among other
things. The formation and registration of entities at the Corporate
Affairs Commission (CAC) is lawful and recognized across the
world. Click to download a free copy of the Companies and
Allied Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[1]>
Information and Documents for the Registration
of Non-Governmental and Not-For-Profit
Organizations:
Expectedly, the Corporate Affairs Commission (CAC) require
certain information and documents from persons seeking to form and
register an entity, including; Non-Governmental and Not-For-Profit
Organizations. The information must be provided timely and only
guanine information should be supplied to avoid criminal
prosecution and imprisonment for one year or fine. Click to
download a free copy of the Companies and Allied Matters Act, 2020
<https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[2]>
Here are the information and documents that the federal agency
(Corporate Affairs Commission) will request for the registration of
Non-Governmental and Not-For-Profit Organizations.
- The unique name for the organization sought to be registered.
(Nigerian government through the Corporate Affairs Commission may
refuse to approve a name, where a similar name exists or the name
is deceitful, misleading or unlawful). - The proposed clear and lawful arms and objectives of the
organization. This is the well-articulated specific vision, mission
and role of the organization. This may be amended by CAC to align
with the laws of Nigeria. - List of Trustees (a person of any Nationality that will be
serving on the Board of Trustees of the organization being
registered). Such persons must not be infants, bankrupt and
convicts, rather must be persons of sound mind. There is need for
the Board of Trustees to have a Chairman (President) and the
Secretary, since they will sign some documents during the
registration processes. - Particulars of Trustees (the members of the Board of Trustee)
must be provided. This will include; Name, Home Address,
Occupation, Date of birth, Email address, Telephone, Passport
photograph, scanned signature and a copy of any government issued
means of identification). - Oath Declarations by Trustees before a Notary Public or
Commissioner of Oath. - The proposed Constitution of the Organization. This must be
prepared to suit the Nigerian standard using the precedents
provided by the Corporate Affairs Commission (CAC). Hence,
organizations are not allowed to submit their unique
(often-detailed) proposed constitutions, rather the short
constitution form of about 4 pages, provided CAC are to be used.
Note that the often-detailed Constitution of organization not
accepted by CAC, may be later used by the organization as Bye-Laws
or Operational Manuals and Guidelines but subject to the overriding
powers of the Constitution approved by the CAC. - The common seal (often an iron seal bearing the name and logo
of the organization). - Newspaper publications of proposed Name, Objectives and
Trustees in 2 Newspapers - Physical Address within Nigeria as address of the organization.
This does not stop the organization from having offices and
addresses outside of Nigeria. - Application letter, Completed Application Form, Minutes of
Meeting and Proof of payment of Statutory fees. - Click to download a free copy of the Companies and Allied
Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[3]>
Conclusion:
Nigeria a liberal state, allows Nigerians and foreigners to
form, register, manage and run entities in Nigeria. Hence, a
foreigner can register and own an entity in Nigeria without a
Nigerian. This is one of the few countries that offer such
privileges in Africa. To ensure this position does not change
overnight, there are several federal laws that have enshrined this
position. Click to download a free copy of the Companies and Allied
Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[4]>
Formation and registration of entities, whether national,
regional or international Non-Governmental and Not-For-Profit
Organizations (charities, societies, associations, NGOs, NPOs,
clubs, schools, professional bodies, religious bodies, community
initiatives, cultural groups and any other group) is a sure and
predictable path in Nigeria. The services of legal practitioners
are needed for the formation and registration of entities in CAC to
ensure and guaranty timely and smooth process. Wont you rather
register and invest in Nigeria, today?
My authorities, are:
- Sections 1, 2, 3, 4, 5, 6, 318 and 319 and the Fourth Schedule
to the Constitution of the Federal Republic of Nigeria, 1999. - Sections 1, 4, 8, 823 to 839, 868, 870 of the Companies and
Allied Matters Act, 2020. Click to download a free copy of the
Companies and Allied Matters Act, 2020 <https://learnnigerianlaws.com/new-cama-2020-companies-allied-matters-act/[5]> - Onyekachi Umah, “Is Government Taking Over Unclaimed Dividend
and Shares?” (LearnNigerianLaws.com, 25 March 2021) <https://learnnigerianlaws.com/is-government-taking-over-unclaimed-dividend-and-shares/[6]> accessed 4 August
2021. - Onyekachi Umah, “Does the New Finance Act Exempt Companies from
CAC Annual Returns?” (LearnNigerianLaws.com, 17 March 2021)
<https://learnnigerianlaws.com/does-the-new-finance-act-exempt-companies-from-cac-annual-returns/[7]> accessed 4 August
2021 - Onyekachi Umah, “Why Lawyers Are No Longer Needed In The
Formation Of Companies” (LearnNigerianLaws.com[8], 9 November 2020)
<https://learnnigerianlaws.com/why-lawyers-are-no-longer-needed-in-the-formation-of-companies/[9]>accessed 4 August
2021 - Onyekachi Umah, “CAC Can Now Takeover Churches, Mosques,
Associations and NGOs” (LearnNigerianLaws.com[10], 18 August 2020)
<https://learnnigerianlaws.com/takeover-of-not-for-profits-by-cac/[11]>accessed 4 August
2021 - Onyekachi Umah, “Company Secretaries Are Not Needed In Small
Companies” (LearnNigerianLaws.com[12], 13 August 2020)
<https://learnnigerianlaws.com/company-secretaries-are-not-needed-in-small-companies/[13] > accessed 4
August 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN[14] or Telegram group, via
the below link: https://t.me/LearnNigerianLaws[15]
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws[16],
Instagram:@LearnNigerianLaws[17],
Twitter: @LearnNigeriaLaw[18],
YouTube: Learn Nigerian
Laws[19],
WhatsApp Groups via (https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN[20]),
Telegram Group: (https://t.me/LearnNigerianLaws[21]),
Facebook group: (https://www.facebook.com/groups/129824937650907/?ref=share[22])
or visit our website: (www.LearnNigerianLaws.com[23] )
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com[24] {A Free Law
Awareness Program of Sabi Law Foundation, supported by the law firm
of Bezaleel Chambers International (BCI).} Sabi Law Foundation is a
Not-For-Profit and Non-Governmental Legal Awareness Organization
based in Nigeria. For sponsorship and partnership, contact:
sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or +234 903
913 1200.