Non-Governmental Organizations (NGOs) play a crucial role in addressing social, economic, and environmental issues in Nigeria. However, to operate legally and effectively, NGOs must navigate a defined legal framework. This article explores the step-by-step process of registering an NGO in Nigeria, ensuring compliance with relevant laws.
1. Choose a Unique Name for Your NGO
The first step is selecting a unique and meaningful name for your NGO. The name should align with the mission and vision of the organization while avoiding duplication or similarity with existing entities.
Legal Requirement: Under Section 852 of the Companies and Allied Matters Act (CAMA) 2020, the Corporate Affairs Commission (CAC) reserves the right to reject names that are offensive, misleading, or already in use.
2. Draft the Objectives and Constitution
Your NGO’s objectives must be clearly stated, as they define its purpose and scope of activities. A constitution is also required to outline the governance structure, membership rules, and operational guidelines.
Key Contents of the Constitution:
- Name, address, and objectives of the organization.
- Membership categories, rights, and obligations.
- Governance structure, including the roles and responsibilities of trustees.
- Procedures for meetings, elections, and dispute resolution.
3. Appoint Trustees
Trustees are responsible for the management and oversight of the NGO. They act as the legal representatives of the organization and are accountable for its compliance with Nigerian laws.
Requirements for Trustees:
- Trustees must be at least 18 years old, of sound mind, and not convicted of any criminal offense involving fraud or dishonesty.
4. Conduct a Name Availability Search
Before proceeding further, confirm the availability of your chosen NGO name by conducting a search on the CAC portal. If the name is available, it will be reserved for a specific period.
5. Obtain Consent for Trustees
The next step involves obtaining the written consent of the appointed trustees. This consent must accompany other documents submitted to the CAC.
Required Documents:
- Photocopies of valid identification (e.g., National ID, Driver’s License, International Passport).
- Passport-sized photographs of each trustee.
6. File Incorporation Documents with the CAC
Prepare and submit the required documents for incorporation to the CAC. These include:
- The duly completed CAC Form (Form CAC/IT 1).
- A formal application letter.
- The NGO’s constitution.
- The trustees’ consent forms and identification documents.
The CAC will review the application to ensure compliance with CAMA 2020 and other legal provisions.
7. Publish Notices in National Newspapers
To ensure transparency, a notice of the NGO’s intent to register must be published in at least two national newspapers. This gives the public an opportunity to raise objections, if any, regarding the registration.
8. Pay the Applicable Fees
Registration involves payment of fees to the CAC. These fees vary depending on the scope and structure of the NGO.
Pro Tip: Ensure all payments are made directly to the CAC to avoid fraudulent intermediaries.
9. Receive Certificate of Incorporation
Upon approval of the application, the CAC will issue a Certificate of Incorporation. This certificate legally establishes your NGO and allows it to operate in Nigeria.
10. Open a Corporate Bank Account
With the Certificate of Incorporation, the NGO can open a corporate bank account. A corporate account is essential for receiving funds and ensuring transparent financial transactions.
Legal Framework Governing NGOs in Nigeria
NGOs in Nigeria are primarily governed by:
- Companies and Allied Matters Act (CAMA) 2020: Regulates the registration and operations of incorporated trustees.
- Financial Reporting Council (FRC): Ensures NGOs maintain proper financial records.
- Special Control Unit Against Money Laundering (SCUML): Monitors NGOs for compliance with anti-money laundering regulations.
Conclusion
Registering an NGO in Nigeria is a detailed process that requires adherence to specific legal requirements. By following these steps and ensuring compliance with relevant laws, your NGO can operate effectively and contribute to societal development. If you encounter challenges during registration, consider consulting a legal expert for guidance.
Stay informed. Stay compliant.