If you own or are a member of a Non-Governmental Organisation (NGO) or an Association in Nigeria, such organization or association is classified by the Companies and Allied Matters Act 2020 as an “Incorporated Trustee”. Incorporated Trustees are defined by our laws as a non-business and non-profit making organizations. It is an association of persons bound together by customs, religion, kinship, nationality, education, science, and any other form of ideal/principles which they share in common.
Currently, the minimum number of members an Incorporated Trustee is required to have as provided by the Companies and Allied Matters Act, 2020 are two (2) persons. However, there is no limit to the maximum number of members a non-profit can have.
It is possible to change or remove a member of the board of trustees of an NGO or association due to reasons such as;
1. The death of the member
2. Expiration of the tenure of office within the organization
3. Resignation, etc.
In this article, we will consider the procedure and requirements for change or removal of Trustee in Nigeria.
PROCEDURE FOR REMOVING A TRUSTEE/ MEMBER OF AN NGO OR ASSOCIATION IN NIGERIA
Since we have established the fact that an NGO or association falls under the class of an Incorporated Trustee, and that the latter is regarded as a corporate person whose activities are governed by laws, a member of an NGO or association cannot be removed by other members abruptly. There are procedures to follow.
The procedures include;
1. A general meeting must be held in which the issue of removing a member(s) of the organization must be raised, discussed, and adopted by members during the meeting.
2. A notice of change of trustee(s) or member(s) must be published in at least two (2) National dailies for a period of 28 days. This is to enable interested members of the public to raise objections to the proposed change where the need arises.
3. In the absence of an objection to point 2 above, an application will be made to the Corporate Affairs Commission for a change of trustee(s) or members. The necessary forms will be completed and relevant statutory fees paid during this process.
REQUIREMENTS FOR REMOVING A TRUSTEE/MEMBER OF AN NGO OR ASSOCIATION IN NIGERIA
So, you’ve learned the requirements for removing a member of your NGO or Association and you’ll like us to assist you with the process. But you want to know what you need to provide to enable us to commence work on this.
Not to worry. All we’ll need from you in other to proceed are the personal details of trustee(s) or member(s) to be removed and we’ll take care of the rest. That’s easy, right?
Although it is possible to have trustee(s) or members of your non-profit removed, there are legal procedures to follow to avoid situations where your attempt at removing a member is challenged and becomes frustrating.
This is where our team of legal experts comes in. We save you the stress of meeting up with all requirements while you wait for the job to get done. Need help with removing a trustee(s) or member(s) of your NGO or association? Reach out to us here and we’ll be delighted to assist you.