WHAT TO DO WHEN SERVED WITH A REVENUE/SPECIAL COURT SUMMONS.

In most states in Nigeria, the revenue court is responsible for hearing tax matters as it concerns the State or Local Government. Before a revenue court summons is served on a business owner/premises, it’s presumed that such business owner has failed to pay a stipulated levy required by law despite service of demand notice on such business owner/premises.This means that the case in question is now within the powers of the revenue court, and only the court at this point determines the next course of action between the revenue agency/authorities and the business owner who has been summoned before the...

THE RED FLAG ENTREPRENEURS SHOULD LOOK OUT FOR IN THEIR BUSINESS DEALINGS.

THE RED FLAG ENTREPRENEURS SHOULD LOOK OUT FOR IN THEIR BUSINESS DEALINGS.

Below is a conversation between Mr Charles and his prospective business partner, Mr Patrick: Mr Charles: Following our previous discussion regarding the business partnership we’ll be going into, my lawyer has prepared a contract. I’ll need your signature on this document. (Hands over a document to Mr Patrick) Mr Patrick: Charles my man! Na wah for you o! But we have already agreed over drinks as gentlemen few days ago, there’s no need for all these formalities. Mr Charles: But my lawyer advised we have a written agreement to that effect, and i agree with her. Mr Patrick: O Please,...

FUNDRAISING OPTIONS FOR START – UPS IN NIGERIA

FUNDRAISING OPTIONS FOR START – UPS IN NIGERIA

  When it comes to starting and or running a business, fundraising is undeniably a primary concern for start-ups. It’s important to know that before you do anything concerning raising of funds, you  need to have a clear understanding of how you plan to operate your business and a good  business plan will surely increase your chances of securing funds and set you up for success. Here we will be discussing on the various options available to start-ups. We would also consider the advantages and disadvantages of these options. There are basically two ways through which start-ups could fund their...

FIVE LESSONS AFRICAN STARTUPS SHOULD LEARN FROM PAYSTACK’S AQUISITION

FIVE LESSONS AFRICAN STARTUPS SHOULD LEARN FROM PAYSTACK’S AQUISITION

On the 15th day of October 2020, amidst the ongoing #ENDSARS protest in Nigeria, the world received news that one of Nigeria’s most frequently used online payments and processing service provider, Paystack had recently been acquired by a San Francisco based software and financial services company, Stripe. This news has since brought a breath of fresh air to the Nigerian start-up community for several reasons, one of which is primarily the fact that despite the lack of adequate infrastructure needed for Nigerian businesses, it’s possible for entrepreneurs to attain their dreams despite the odds. However, amidst the good will messages,...

HOW THE NEW COMPANIES AND ALLIED MATTERS ACT 2020 AFFECTS REGISTERED ASSOCIATIONS IN NIGERIA

HOW THE NEW COMPANIES AND ALLIED MATTERS ACT 2020 AFFECTS REGISTERED ASSOCIATIONS IN NIGERIA

Where a community of persons, bound together by a common objective such as; customs, religion, kinship, sporting, scientific, religion, education, e.t.c unite to form a corporate body so as to promote their objectives such as those mentioned above, they are registered as incorporated trustees with powers to acquire property, sue and be sued. Some of the essential features of organisations registered as incorporated trustees include; registered trustees obtain legal personality and not its members, the name of such organisation must start with the words “Incorporated Trustees of …” and such organisations are not established to do business or distribute profits....

HOW DOES A LAWYER HELP WITH MY TAX ISSUES?

HOW DOES A LAWYER HELP WITH MY TAX ISSUES?

  There appears to be a mistaken notion (especially among small business owners) that when it comes to the subject of taxes, an accountant or tax accountants is the only professional to resort to for solutions. No doubt, tax accountants have a significant role to play as it concerns tax preparation on the one hand, but the relevance of a tax lawyer to any business cannot be undermined. However, knowing which of these professionals is right for you and your business, is largely dependent on several factors such as; the stage of your case with the revenue service (if any)...

CAN A CIVIL SERVANT BE A DIRECTOR OF A COMPANY IN NIGERIA?

CAN A CIVIL SERVANT BE A DIRECTOR OF A COMPANY IN NIGERIA?

With the current state of the economy in Nigeria, many persons (including civil/public servants) currently see the need to create an additional means of income for themselves, and in some cases, there is an urgent need to set up structures for such businesses while maintaining their employment as either employees of private organisations or civil servants. Our concern today however is as regards civil servants. Can they take up positions as directors of a private company in the course of employment? Please note, a civil servant and a Public Servant are the same. Part 2 of the Fifth Schedule of...

MEASURES NIGERIAN PROPERTY OWNERS SHOULD PUT IN PLACE TO SECURE THEIR REAL ESTATE INVESTMENTS

MEASURES NIGERIAN PROPERTY OWNERS SHOULD PUT IN PLACE TO SECURE THEIR REAL ESTATE INVESTMENTS

INTRODUCTION Acquiring landed properties in Nigeria (as well as all over the world) is generally expensive, but with the right security measures put in place, it could become a worthwhile investment. However, over the years, I’ve come across property owners who develop their properties for commercial purposes by putting out such properties on lease or tenancy with little or no turnover on their investments. This could largely be as a result of numerous factors such as; Inability of property owners to manage such properties individually alongside their personal engagements, Not staying updated on re-curing legislative changes as regards property ownership/management,...

CHANGES TO LOOK OUT FOR IN THE NEW COMPANIES AND ALLIED MATTERS ACT (CAMA)2020

CHANGES TO LOOK OUT FOR IN THE NEW COMPANIES AND ALLIED MATTERS ACT (CAMA)2020

Introduction Companies and Allied Matters Act (CAMA) is one of the most important piece of legislation that impacts the Nigerian business and micro, small, and medium scale enterprise. The companies and allied matters Act 1990 was promulgated to repeal the companies Act 1968. The new CAMA 2020 is made up of 870 section compared to the 1990 CAMA of 613 sections and its sections are divided into parts, part A-G. The new CAMA is Nigeria’s most significant business legislation in three decades and it introduces new provisions that promote ease of doing business and reduces regulatory hurdle as that of...

AN EFFECTIVE MEANS OF RESOLVING BUSINESS DISPUTES MSMEs IN NIGERIA AREN’T CONSIDERING.

AN EFFECTIVE MEANS OF RESOLVING BUSINESS DISPUTES MSMEs IN NIGERIA AREN’T CONSIDERING.

Mr Akpan is CEO of KAY’S LOGISTICS, a small but fast rising logistics company in Lagos, Nigeria. Through hardwork and consistency, KAY’s LOGISTICS has grown to be a household name for families and entrepreneurs. KAY’S LOGISTICS has a number of high profile clientele across various parts of Nigeria. On 23rd November 2019, Mr Elvis of CDE FARMS, a regular and high profile client to Mr Akpan placed an instruction for twenty tonnes of recently ordered fresh fruits and vegetables to be delivered to the fomer’s client in Calabar, Cross River State. Mr Elvis was assured by Mr Akpan that the...