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|A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 6:24pm On Aug 10, 2009|
I have been running away from this question for the past one year since Nairalanders have been bugging me to state the process and requirements for registering an NGO. The basic reason is that its is very difficult to do and quite time consuming for the lawyer doing it and the clients really don’t appreciate the efforts and stress involved in registering one but recently i met a Nice Nairalander who encouraged me to not feel aggrieved by the acts of some but to continue assisting people so as to make Nigeria a more better place and much much closer to the desired information being craved by all.
So as usual in my usual simplistic and humour filled manner of explaining these things, i will attempt to explain the process of registering an NGO in Nigeria:
QUESTION: Lawyer what is a Non Government Organization (N.G.O) ?
ANSWER: Non-governmental organisations (NGOs) are organisations that are not part of government and do not exist to make a profit from the work of the organisation for the owners or members of the organisation. They exist to serve some public purpose rather than just serving the personal interests of the owners or members of the organisation.
They exist for the benefit of the general public or specific sections of the public. If members receive payment or benefits, it is only in the form of a reasonable salary and benefits in return for the work that is done as an employee of the organisation. Any profit that is produced is used by the organisation to make a greater impact in terms of their public purpose.
Wide group of organisations, from large charitable NGOs like Red Cross, Better Life for Rural Women etc down to small community organisations like sports, clubs or civics e.g. Lagos Country Club, Yoruba Tennis Club, Chess Players Association of Nigeria, Abakaliki Progressive Union Foundation etc
The definition of Non-governmental organisations (NGOs) covers all organisations that do not exist to make profits for owners or members. It does not cover private companies or even co-operatives or income generating projects that exist solely to produce benefits for members.
Most Non-governmental organisations (NGOs) have to rely on grants and donations from fundraising because Non-governmental organisations (NGOs) usually serve sections of the community that could not afford to pay the full cost of the service. NPOs do not usually choose their target groups according to who can pay for the service, but according to who needs the service most.
QUESTION: Okay, I understand what a NGO is and its aims and objectives but what are NGOs known as in Nigeria?
ANSWER: Under the Law more especially the Company Law in Nigeria, they are known as INCORPORATED TRUSTEES. These means that the Non-governmental organisation (NGO) formed is under the protection and guidance of a set of people called TRUSTEES and the Non-governmental organisation (NGO) assets and funds are placed squarely under the TRUST, confidence, reliance and dependence of the Trustees to carry out the aims and objectives of the Non-governmental organisation (NGO).
TRUSTEES are different from DIRECTORS OR SHAREHOLDERS in a company because unlike share holders in a company who will do anything to make sure their company derives a profit, Trustees are not entitled to make a profit from the Non-governmental organisation (NGOs) but rather to promote the welfare, aims and objectives of the Non-governmental organisation (NGO) freely.
QUESTION: Lawyer are you sure that these trustees are not entitled to make profit because somebody i spoke to said my Church next door named “I GO HAMMER INTERNATIONAL CHURCH” is registered as an Incorporated Trustee and they are making Mad Millions judging from the cars that park outside my house every Sunday. Are Churches also Incorporated Trustees and who can register Incorporated Trustees?
ANSWER: Very Funny Question! Yes ALL Churches and Mosques are Incorporated Trustees and the Pastors, Priests, Imams etc are the Trustees or part of the Trustees of the Churches or Mosques near you and they only survive due to the grants, tithes, benefits, welfare and donations pouring in every time. But it is a different thing all together when your talking about how the donations are being disbursed either to the welfare of the people or into private pockets to enrich the trustees themselves.
So that depends on the members of the Non-governmental organisation (NGO) to provide checks and balances on their Trustees.
I know so many people register Incorporated Trustees in Nigeria to open one Church or the other to make millions ;Dand some genuinely register these Churches to Help people and promote God’s words, so it depends to be honest which Incorporated Trustee Church is helping people and which one is using the donations and tithes to enrich their pastors. Thats not my own call here to judge people!
Also the kinds of people that can register Incorporated Trustees include the following:
a. Person Bound together by religion, custom, kinship or nationality
b. Association established for religious, educational, literary, scientific, social development, sporting or charitable purpose
c. Clubs, Cultural Associations, Foundations and Schools
Examples of Popular NGOs include:
Nigeria Youth AIDS Program
Nigeria Youth Working Group on Environment & Development
Nigerian Association of University Women
Nigerian Environment Study/Action Team
Nigerian Institute of Public Relations Lagos state chapter
Nigerian Integrated Rural Accelerated Development Organisation (NIRADO)
Nigerian Labour Congress (NLC)
Nigerian Medical Association (NMA)
Nigerian Youth Action Rangers
Nigerian Youth Environmental Network
Obi/Akpor Patriotic League
Odua Peoples Congress
Oil watch Africa
Olabisi Onabanjo University
OMEP World Organisation for Early Childhood Education
Operation Happy Home
Organisation (ACHDO)-Formerly Mother and Child
Organization for the Advancement of African Women (ORGAAW)
Organization for the Dev of Sports & Youth
Orthodox Welfare Association
QUESTION: Okay i think i am beginning to Understand what a Non-governmental organisation (NGO) or Incorporated Trustee is, but what are the advantages of Forming a Non-governmental organisation (NGO) or Incorporated Trustee legally or Illegally?
ANSWER: LWKMD (Laugh wan Kill me die)
Simple, do you mean apart from having Access to FREE Millions of NAIRA or DOLLARS pouring in through donations, aids, tithes, contributions, benefit, assistance, offerings, hand-outs etc that is 100% TAX FREE and almost Unaccounted for by the Members!!! LOL?
Do you mean apart from having access to all these Monies and you can be so unscrupulous to line up your pockets and introduce you to a better life aka the Nigerian Dream? LOL
Anyway apart from the above crooked and dodgy reasons Nigerians register NGOS, the advantage legally include:
a. It is a body Corporate i.e It has a right to sue and be sued
b. It has a Legal Personality i.e No one Man can claim it to be its own no matter the amount of Money a person donated. i.e despite the Billions invested by Bill Gates in the Bill gates Foundation, it doesn’t belong to him but he can be a major influencial Trustee amongst the board of Trustees
c. Perpetual Succession: It continues for life and even after the death of the major donors or board of Trustees, it continues with new Trustees taking over i.e if the Principal Pastor of Church dies, the Church continues and a new successor and new board of Trustees take over.
d. Power to Hold Land: This is a Major factor in being a Non-governmental organisation (NGO) or Incorporated Trustee. The CAC is very particular about Non-governmental organisation (NGO) or Incorporated Trustees Having the capacity to own lands or buy lands for its operations immediately unless it won’t be registered
e . Capacity to own a Common Seal:
QUESTION: Okay i am ready to Register A Non-governmental organisation (NGO) or Incorporated Trustee! What are the requirements to register one then in Nigeria?
ANSWER: Okay, at this junction, get your pens and paper and cram it down: Before you contact your lawyer, get all these things down first:
a. Select 2 names of the Association i.e Incorporated Trustee of I GO CHOP MONEY DIE FOUNDATION or Incorporated Trustees of Nairaland INITIATIVE! The CAC will choose one that is registerable or deny both of them in all its entirety. So choose Carefully.
It is very Important to select a Name that is unique and it must end with either the words Foundation, Trust, Organization, Association, Network, Initiative etc (Bottom line it must confirm with the practice that is common with Non-governmental organisation (NGOs)
b. Choose the aims and objectives of the proposed Incorporated Trustee normally minimum 3 i.e Sample :
AIMS AND OBJECTIVES:
c. Address of The Association
d. Names of the Trustees (They must be 2 or More)
e. 2 passport photographs for each of the Trustees
f. The personal residential addresses of each of the Trustees
g. Occupation of each of the Trustees
h. Tenure of each of the Trustees, the removal and filling of the vacancy of the Trustee
k. Common Seal (The seal must be made in Metal that can be inprinted on and must be physically inspected at the CAC
L. List the Executive Members of the association i.e –President, secretary, Financial secretary, auditors etc
QUESTION: Okay Lawyer, Now that i have gotten the Pre-Registration Requirements, what do i do next?
ANSWER: The next thing includes the Registration Process Proper which includes the following:
1. Procuring, Conducting Name Search and Reserving your chosen NGO name (Normally takes 2 weeks or less)
2. Filling the Application forms after it has been purchased (Trust me, there are so many forms to fill and sign by all the trustees)
3. Advertisment of the name of the NGO and objects of the NGO in 2 National Dailies and One local Newspaper circulating in an Area of the chosen Registered Office where the Association is based
e.g Guardian Papers and Punch Newpapers (National Newspapers)
Ikeja Report or Abuja Chronicle (Local Newspaper)
clearing stating the name of the Association and Trustees and calling for Objections from the Public to the registration of the Association
d. Submission of the duly completed Typed Application form which should be accompanied by the following:
1. Availabity of name Search Report
2. A formal letter of Application to the CAC director General stating the reasons why you want to form the NGO and should be signed by either the Chairman, Secretary or the Applicatants Solicitor i.e yours truely
3. Copies and Proof of the Original Newspaper Publications
4. 2 Copies of the Applicants CONSTITUTION (This is the real wahala drafting a constitution). The Constitution must provide for the following:
5. Minutes of the Meeting where the Trustees were appointed having the list of Members Present and Absent and showing the voting pattern, signed by the Chairman and Secretary of the Board.
The Minutes must be on the letter headed Paper of the Association
6.Minutes of the meeting where the SPECIAL CLAUSE rules was adopted into the constitution of the Association, signed by the Secretary and Chairman showing the list of Members in attendance.
7. All Trustees Must attach 2 Passport sized Photographs and one of the passport must be attached to a declaration Form sworn to at the High court by each trustee. This form replaces the State Government Security Clearance)
8. Attach the copy of the court registry payment for the Trustee Declaration form
9. Trustees should sign against their names on the application forms, state their permanent residential addresses and state their occupations
10. Pay all the filing fees at once
QUESTION: Finally how much does it cost to Register an N.G.O?
ANSWER: It Basically costs above N150,000 and above to register an NGO with all the fees included. Personally, if i am drafting the Constitution, i always add something extra to that fee because of the time and stress involved. It takes days, sometimes weeks to get a perfect constitution without query and it is the most cumbersome thing involved minus drafting the Minutes of the Association.
So the price is not static. It depends on the lawyer and because the CAC knows registering an NGO is the fastest way to create Millionaires in Nigeria either legally or illegally, they have to increase their filing fees to chop their own now because you wont remember them and the lawyer tomorrow when your NGO hammers!
Ok i am tired of typing, I hope i have been able to answer most of your pressing NGO/INCORPORATED TRUSTEE registration questions in a very simple and understandable manner, To be continued someday! Buzz me if you have any Questions, coments or queries on 07036681104 or Mail me at email@example.com for more info!
For a link to answers in registering a company in Nigeria, click below :
Frequently Asked Questions: A-Z Of Company Registration In Nigeria
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by infocaster: 3:38pm On Aug 12, 2009|
Lawyer thanks so much for the post. I am looking at having an empowerment NGO in few years from now.
You have just armed me with the right information.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by anukulapo: 12:56pm On Aug 27, 2009|
please,i would like you to comment on registering an N.G.O. without and office address.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by scap(m): 3:06pm On Sep 01, 2009|
i love what you have done. The info is totally correct. Infact i took your advice and i've just registered my very own ngo.
ANTI-COUNTERFEITING AND PIRACY INITIATIVE (ACAPI)
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by iammodel(m): 7:02pm On Sep 10, 2009|
thanks so much lawyer. am looking forward to starting my NGO in the nearest future.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by OmoOnile1: 9:59am On Sep 11, 2009|
Thanks for this treatise. It is very concise and educative.
Can you shed more light on the "SPECIAL CLAUSE". What does it entail?
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by Nezan(m): 2:12pm On Sep 14, 2009|
I think starting out a HIV awareness NGO is easier here.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by calabaman(m): 7:51am On Feb 18, 2010|
As am about 2 be employed by an ngo, This thread has armed me with what i need 2 know about the organisation and mo, Weldone Mr Lawyer
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 4:05pm On Oct 12, 2010|
Quite a while i have come to this thread, but registering an NGO is getting tougher by the day at the CAC with so many requirements and all coupled with their bureaucracy. Realistic pricing is now N150,000 to avoid stress and heckles. Just needed to update the price check so that it wont be misleading again and we pray it stays within that range for a long time.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by showreals(m): 1:11pm On Jan 31, 2011|
lawyer:kindly update me with the current price range
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by Thethy(m): 11:15pm On Feb 06, 2011|
Thank you lawyer.We have just completed the registration of our NGO http://ismailabdulazeez.proboards.com/index.cgi We got the information from your write up.
Thanks a lot.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by mynaija(m): 6:03pm On Mar 30, 2011|
Thanks very much for this helpfull information,
I want to register an my organization is it possible i do it my self is i want to, or i must go through a lawyer?
I need answer please
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by omogidi234(m): 9:02pm On Mar 30, 2011|
Sure u can do it yourself. All you need to do is to follow the well laid out procedure by the OP. However, you must note that it saves you some level of headache if you allow those who have been in that line of business to assist you. If you are in Lagos you may secure access to the CAC zonal offices but the Abuja office/hq are making frantic efforts to ensure that non-accredited members of the public do not have access to the registartion area.
All the best.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 1:36am On Aug 24, 2011|
Quite a while i have been on this thread but i will try to keep it updated and gve you more news and tricks to register an N.G.O
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by omogidi234(m): 11:34am On Aug 24, 2011|
welcome back from leave
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lahwahleh: 12:04pm On Jan 10, 2012|
Thanks for the post.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 12:30am On Jan 24, 2013|
(A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria) PART 2
The last time i wrote about Registering an NGO was about 3 Years ago and i have been inundated with loads of phone calls and emails asking me to explain the costs and how its done. Now i will advise Newbies to this posts to start from the top to understand what it takes to register an NGO but am going to show you a step by step way how you register an NGO and give you samples to see how it looks for you to understand more.
(The above samples and examples are just a parody to make it easier to understand through the use of fun and humor to pass this information across effortless)
1. The first step is for you to select 2 or 3 Names of the NGO You intend it to be called and your lawyer buys a Form called an INCORPORATED TRUSTEE AVAILABILITY FORM and fills in the 2 names you have chosen for the proposed NGO and after a week or so, depending on how fast the Corporate Affairs Commission (CAC)Decides to answer you, they will search through their Data base of Chosen NGO Names and pick one they believe is not conflicting with another name and when a name is Selected it Usually comes in this form below.
It must contain the Name of the Chosen Foundation, the Serial number, the date the name has been reserved till it expired ( This means you have till that day to register it unless the name will be free and another person will be able to choose it and use it instead of you) and finally it must contain the Aims and Objective of the NGO at the comments section to know exactly what your registering.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 12:53am On Jan 24, 2013|
After the name has been chosen ( In this case lets use a fictitious NGO Name called Nairaland Foundation), the next thing is to to purchase the set of INCORPORATED TRUSTEE APPLICATION FORM and fill it properly. It is extremely important it is filled in properly as the CAC Brooks no mistake, cancellation or negligence in filling it. Once there is an error what so ever, they will reject your application and you will be forced to purchase a new form or start all over again. This is the reason professionals handle it like lawyers because they are more experienced in these matters. A sample INCORPORATED TRUSTEE APPLICATION FORM that has been partially filled by me to give you a rough example is posted below for you to have a feel of what it looks like.
The first 2 pages of the form contains all the reason an Incorporated Trustee or NGO should be formed including the Types of NGOS that can be formed, Number of the Trustees, the reasons and procedure for removing a trustee, ownership of land and reasons the NGO must have a common Seal.( See the Samples below how the form was filled to include all these facts).
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 1:17am On Jan 24, 2013|
After that Form has been filled, an important form that must be filled that will either make or mar the registration process is the Section where the AIMS AND OBJECTIVES OF THE INCORPORATED TRUSTEES must be spelt out. The CAC is very strict with the Aims and Objectives and will not register any NGO that has a silly aim that does not conform with the objectives of the Organization. For example an NGO that intends to assist people living with HIV Should not have one of its objectives as an Organization to provide its members with unlimited beer or encourage promiscuity! It should be associated with providing a better life for its members and the society at large.
Below is the Form for the AIMS AND OBJECTIVES OF THE INCORPORATED TRUSTEES SECTION
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 1:46am On Jan 24, 2013|
After the OBJECTIVES OF THE INCORPORATED TRUSTEES Section has been properly filled, the Next Form to fill is the Section where all the names and personal information of the Trustees must be stated including 2 Passport photographs each (White background) of all the Trustees.
Also there is a part whereby the NGO Must undertake that it will acquire land in future within the next 2 years of its registration to pursue the aims and objectives of the NGO. If the NGO Disagrees to acquire land, the NGO will not be registered. So its a compulsory section to fill. ( Now technically you don't have to acquire land immediately within the next 2 years in reality but there must be some form of intention in future to purchase land so that you can build your club house or operate from there in future)
And for those that haven't seen the real pictures of Mukina and Suraj, they have been kind enough to send their passport photographs as stated below ( just joking ooo . . . Mukina no ban me ooo) lol
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 2:12am On Jan 24, 2013|
After that Section has been completed, the next Form to fill is the part of the seal. Every NGO MUST HAVE A SEAL and the CAC must sight that Seal physically to know it exists. It's the Symbol of the NGO AND MUST BE PROTECTED AND GUARDED AT ALL COSTS. The Seal must be in a Metal Form not those yeye Stamps that you need purple Inks. You must provide this Seal to Your lawyer before he presents all the Documents to the CAC for verification but if you don't have the capacity to do so, the Lawyer will add it to your bill.
The section of the Form that provides for the Seal, provides for a very large space in the middle of the form where the impression of the seal must be stated and placed. It must be visible and legible enough for the CAC to accept.
Samples of the form and the Seal are stated below and how to place the seal correctly on the Form:
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 2:43am On Jan 24, 2013|
There are a host of other forms to fill but the most important ones are the ones i have shown you. Leave the rest for the lawyer to sort out. Also there is a very important part of registering an NGO That always causes confusion and that part is the SPECIAL CLAUSE. The SPECIAL CLAUSE States that the NGO and its Trustees Have agreed to acquire property and the way and manner Income received by the NGO will be documented and has been properly agreed and accepted by all the trustees via a vote.
This must be done via a special meeting where all the trustees must be present to vote on the adoption of the special clause and the copy of that meeting must be presented to the CAC for verification coupled with an application letter that the NGO Intends to be registered. A sample copy of the Meeting of where the Special Clause was adopted for the fictitious Nairaland Foundation is stated below including their voting patterns
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 2:54am On Jan 24, 2013|
After the Minutes of the Special clause has been drafted then the main issue is drafting THE CONSTITUTION of the NGO. This part requires so much skill by the Lawyer to get it right because every NGO has its own peculiar needs and input for the Constitution for it to be relevant for that particular NGO. This is where lawyers earn their fees and charge. (I get alot of people calling me to draft constitutions for N20,000 or N30,000 alone and i just ignore. Rather i tell them to go and copy and paste other people's constitution. After making 2 or 3 trips to the CAC For queries, they will finally come back to meet me and pay me the right sum for the Constitution drafting). Make no mistake about it; Drafting a constitution is a specialized subject taught at the Law School and no matter how good you are as a lawyer, once you can't draft a constitution peculiar to the situation at hand, your as useless as a Vulcanizer that didn't finish his freedom . So please understand where all these fees arise from when a lawyer charges you to register the NGO.
A sample Constitution for the fictitious Nairaland Foundation is below:
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by lawyer(m): 3:14am On Jan 24, 2013|
After the constitution has been drafted, the forms filled, the Names set, all other documents, applications etc have been done by the lawyer, the next thing he must do before he presents it to the CAC Is to publish the aims and objectives of the NGO in at least 2 Newspapers for objection. 1 Local and the Other National. This is where the money also fluctuates because these Media houses change their prices arbitrarily, so the Lawyer has to charge according to the fees of the Media houses at that given moment.
The NEWSPAPER PUBLICATION OBJECTION is a 30 days Objection notice to the formation of the NGO and once that flies through, the Lawyer can now take the documents for verification and after verification with all the receipts and fees, the CAC will take another 2 weeks or so to finalize everything before a certificate is Issued.
One note of warning, please avoid using touts or unregistered people to register your NGO. You will suffer for it in future. If you think its expensive using a professional, wait till you hire an amateur. Standard Price today By most Legal Practitioners is N150,000
I hope this thread from the top to bottom has finally solved all the mystery of registering an NGO and i wish you the best in your endeavours all of you who have either registered an NGO or are about to register one. God will reward you abundantly because your NGO is to help people progress in Life and becoming each other's brother's keepers. As for the ones who want to register an NGO as a Church to Hammer and cruise Private Jet to the detriment of your fellow man . . . hmmm . . God is watching you on 3D oooooo! I CANT SHOUT . . . LOL
All pictures, names and samples are for educational and illustrational purposes only and are not a representation of the owners intentions
Below is a sample copy of a News paper Publication
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by gbadexy(m): 10:12am On Jan 24, 2013|
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by JideTheBlogger(m): 11:08am On Jan 24, 2013|
On point. Bookmarked.
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by Keziehenry(m): 11:26am On Jan 24, 2013|
Well nice one but d charge depends on lawyers anyway.i did my industrial attachment wit CAC and has come to know the exact cost of registering ltd coys,business names n incorporated trustees which NGO n church are part of.infact d certificate of incorporation of d church i registered for someone came out yestaday n d over all cost was not up to 100,000. If u nid more info on get me on firstname.lastname@example.org
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by Frosti(m): 11:50am On Jan 24, 2013|
But isn't this info quite lenghty?
|Re: A-Z Of Registering A Non Governmental Organization (NGO) In Nigeria by Frosti(m): 11:54am On Jan 24, 2013|
You can also get more finance tips here.
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