STEPS TO FOLLOW IN REGISTERING YOUR NON-PROFIT

There are a plethora of seemingly complicated steps to take in order to get your nonprofit group registered. A non profit or Charitable foundation may be registered as a Company Limited by Guarantee or as an Incorporated Trustee. However, due to uneasy requirements of registering a company limited by guarantee in Nigeria, it is always preferable for any NGO or non profit foundation to be registered as an Incorporated Trustee under Part C of the Nigerian Companies and Allied Matters Act 2020.

In this article, we’ll be talking about these steps in very precise terms in order to simplify the process as it indeed is not so difficult.

These steps can be summarised as the following:

  • Go to the drawing Board: Plan. Plan. Plan. You should go to your drawing board with your founding team. Write out your mission statement, vision and over all objectives. Also write down the activities your organisation will engage in or undertake; the core beliefs of the organisation, etc. You would always need to refer to this every step of the way. This is so that you are eventually running with your original vision all through your registration process.
  1. Name Availability Search and Reservation. This is a very important step and it can be done by you as well. But your lawyer can advise in more suitable names and names you CANNOT use. Your lawyer will conduct a search at the Corporate Affairs Commission (CAC) registry to check if the organisation’s name you have chosen is available for reservation. Only a name that is not identical to an existing registered organization in Nigeria can be reserved for you. Where your name is available, same will be approved for registration. Name availability check and reservation can be effected within 48 hours by a CAC accredited solicitor.

The publication which is required to be in minimum size of 8cm x 2 or 3”x2 must also contain:

  • The name of the association;

Be on a plain sheet;

Show the list of member present at the meeting and the voting pattern and;

Be signed by the Chairman and secretary/another trustee of the Association.

  • Formal letter of authority issued by the members of the Association to its representative or agent who would be responsible for undertaking the registration process.

Aims/objectives of the Association.

The appointment, powers, duties, tenure of office and replacement of the trustees.

The use and custody of the common seal.

Matters relating to meetings- types of meetings and rules of proceedings.

The number of members of the governing body, their powers and the procedure for their appointment and removal.

Where subscriptions and other contributions are to be collected, the procedure for disbursement of the funds of the Association, the keeping of accounts and the auditing of such accounts.

Procedure for amendment of the constitution which must be:

i. At a general meeting of the Association;

ii. By at least a simple majority votes of members present & voting, and Subject to the Approval of the CAC.

Rules regarding the use/management of the income and property of the Association.

Trustees declaration form which is required to be Signed by each trustee and Sworn in court or before a notary public.

  • Submission and Filing. This is where the registration proper begins. Your lawyer will file all the relevant documents with the Corporate Affairs Commission for the incorporation of the organisation.

To open a nonprofit bank account, you will need the Certificate of Incorporation issued by the Corporate Affairs Commission.

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