We all have different reasons to want to establish our own association, be it a church, mosque, N.G.O, orphanage, or any other non profit or charitable organisation; whatever may be the reason, the aim of this write up is to simplify the procedure in the Companies and Allied Matters Act 2004.
The CAC used to allow customers to transact directly with it for the purposes of registering a church, mosque, organisation or association for religious, educational, literary, scientific, social development, cultural, sporting, or charitable purpose. However, recent trends suggest that you may need to engage a professional hand to assist you because the CAC has moved from desk application to online application and you need to be an accredited dealer to access necessary details for your registration.
The recent change from desk application to online application was necessitated by the Federal Government's Executive Order on Promotion of Efficiency and Transparency in the Business Environment which was signed on the 18th May, 2017, by which the CAC is mandated to fully automate registration process through its website. The implication is that manual registration is no longer allowed.
The waiting period: After submitting the online availability form, there is usually a waiting period within which the CAC scrutinizes and check its data base to know whether one of the names you applied for is available.
The waiting period may take about 24 working hours.
Let’s assume your application was successful, the name will in essence be reserved for your exclusive use for a period of 60 days. This is where the task begins and you can do a number of things next depending on your preference, but I will suggest that you follow the order below:
· Size of publication: Usually 3 inches of the 2 column of the newspaper (3 by 2).
· Essence of publication: The aim of the publication is to give notice to the public that an organisation is about to be registered with C.A.C; the name of the organisation, the names of the intended trustees, and the aims and objectives of the organisation are also listed out.
The publication gives the public the chance to raise an objection to the intended registration, the objection may be on the basis of the character of any of the trustees, the name of the organisation, or that the aim(s) of the organisation is/ are contrary to public policy etc. Such objection must be sent to the C.A.C. within 28 days of the advert, supported with cogent reasons why the objection must be upheld.
It may be very tasking to exhaust all you need to know about drawing up a befitting constitution for your organisation, particularly if you want to make your constitution comprehensive and tailor-made (more reason why many prefer to give the whole job to their lawyer to handle for them), my suggestion will be that you seek the assistance of a Legal Practitioner, because drafting a constitution is a cumbersome exercise, which is within the confines of the training of a competent legal practitioner.
b. Minutes of the meeting where at the special clause was adopted: The association must adopt the special clause provision in the Companies and Allied Matters Act. The special clause relates to the income and property of the applicant body and its application solely for the promotion of the objects of the body to be registered.
Once you have all this in place, you are good to go with the final stage of your application which is payment of filing fee coupled with application letter on the letter head paper of the proposed body stating that you have met all necessary requirements for registration, and asking to be so registered.
The above guide will see you through the rigours of getting your body registered.