New Companies Act to Protect, Allow Businesses Thrive—Presidency

By Adedapo Adesanya

The presidency has assured that businesses will better be protected and allowed to thrive with the signing into law the new Companies and Allied Matters Bill 2020 recently by President Muhammadu Buhari.

According to the Special Adviser to the President on Media and Publicity, Mr Femi Adesina, the new act will also help to strengthen the country’s plans towards the ease of doing business.

“The President’s action on this important piece of legislation, therefore, repealed and replaced the extant Companies and Allied Matters Act, 1990, introducing after 30 years, several corporate legal innovations geared toward enhancing the ease of doing business in the country.

“Such innovations include: Filing fee reductions and other reforms to make it easier and cheaper for small and medium-sized enterprises to register and reform their businesses in Nigeria;

“Allowing corporate promoters of companies to establish private companies with a single member or shareholder, and creating limited liability partnerships and limited partnerships to give investors and business people alternative forms of carrying out their business in an efficient and flexible way;

“Innovating processes and procedures to ease the operations of companies, such as introducing Statements of Compliance; replacing ‘authorised share capital’ with minimum share capital to reduce costs of incorporating companies; and providing for electronic filing, electronic share transfers, e-meetings as well as remote general meetings for private companies in response to the disruptions to close contact physical meetings due to the COVID-19 pandemic;

“Requiring the disclosure of persons with significant control of companies in a register of beneficial owners to enhance corporate accountability and transparency; and

“Enhancing the minority shareholder protection and engagement; introducing enhanced business rescue reforms for insolvent companies; and permitting the merger of Incorporated Trustees for associations that share similar aims and objectives,” Mr Adesina said in a statement.

The new CAMA has been touted as Nigeria’s most significant business legislation in three decades and it introduces new provisions that promote ease of doing business and reduces regulatory hurdles. It has been met with applauds and commendations by the Nigerian business community.