COMPANY LAW — Incorporated Trustees — Registration Requirements under Part C of CAMA — Non-applicability of Name Availability Procedure
Principle Statement
There is nowhere under Part C that the plaintiff was required to submit for availability of name. For registration under Part C, an applicant for the registration of an Incorporated Trustee, must comply with Section 674; and the applicant for such registration must be authorized by the 'association' he seeks to represent; and must submit all the documents listed in section 674.
Ratio Decidendi (Source)
Per Mukhtar, JSC (adopting the trial court's ruling per Ukeje, C.J.), in Amasike v. Registrar General, CAC & Anor (2010) NLC-2042005(SC) at p. 36; Paras B–C.
"There is nowhere under Part C that the plaintiff was required to submit for availability of name. For registration under Part C, an applicant for the registration of an Incorporated Trustee, must comply with Section 674; and the applicant for such registration must be authorized by the 'association' he seeks to represent; and must submit all the documents listed in section 674."
Explanation / Scope
This principle establishes that registration of incorporated trustees under Part C of CAMA does not require name availability procedures. Compliance with Section 674 is required, including authorization by the association and submission of listed documents. The principle applies in registration of incorporated trustees. It ensures that the correct procedure is followed. The principle reflects the distinct requirements for Part C registration. It prevents confusion with company registration. The court must require compliance with Section 674. The principle provides guidance on registration requirements for incorporated trustees.
