₦airaland Forum

New business owners often have a lot of questions about the difference between a registered business name and an incorporated company limited by shares and which of these best suit their business needs. In light of this fact, some of the differences between a business name and a company limited by liability will be briefly discussed below.

A company limited by shares is required to have a director(s) and shareholder(s) while a business name is only required to have a sole proprietor or partners (proprietors).
A Company limited by shares is a separate legal entity that is distinct from its shareholders and directors. It can sue and be sued, own properties and other assets in its corporate name. A business name on the other hand has no distinct legal personality from the owner and can sue or be sued only in the name of the owner(s) of such a business.
A company limited by shares is a taxable legal person and pays its taxes to the Federal Inland Revenue Service(FIRS) in its corporate name under the Companies Income Tax Act. A business name does not pay taxes to the FIRS, rather, it is the proprietor of such a business that is required to pay taxes under the Personal Income Tax Act to the State Board of Internal Revenue.
A company limited by shares acquires a legal personality upon incorporation. The liabilities of the shareholders of the company are limited by the number of shares that have been allotted to such shareholders that have not been paid for in the event of winding up(shutting down of company). What this means is that if the company has debts or liabilities, the debtor cannot go after the personal assets of the shareholders of the company as they are only liable to pay for the number of shares that have been allotted to them that have not been paid for. However, if a registered business name goes bankrupt or runs into debt, the debtors can sue and recover their money from the personal assets of the owner of such a business.
A company limited by shares obtains a certificate of incorporation and other documents such as Memorandum and Articles of Association (MEMART) upon registration with the Corporate Affairs Commission(CAC). This is important as most organizations and government agencies require these documents to award contracts or to do business with a company. A business name on the other hand obtains a certificate of registration of business name and application for registration of business, it is limited in capacity to bid for big contracts from government agencies or other companies.
A company limited by shares can have a maximum of 50(fifty) shareholders while a business name can have a maximum of 20 partners except for law and accounting firms.
A company limited by shares is required to file returns at the CAC and hold annual general meetings while a business name is not required to hold general meetings before reaching its decisions.
A company limited by shares can obtain a loan in the name of the company and can also raise funds by issuing its shares to private investors. A business name does not have shares and is mostly funded from the personal funds of the owner.
A company limited by shares is appropriate for medium scale to large scale businesses while a business name is appropriate for small scale to medium scale businesses.
A limited company may choose to go public and be converted to a public limited company (PLC), whereas a business name can only be converted to a limited liability company.
A business name is automatically dissolved upon the death of its founder(s) unless there are other surviving partners to carry on the business, but a limited liability company cannot be dissolved upon the death of the shareholder, the other director of the company will continue to carry on the business upon the demise of any shareholder or director. And where the company has a single director/shareholder that died, the family of such person can apply for a Letter of Administration or Probate to take over the shares of the company and appoint a new director. A limited liability company will not be dissolved until it has been officially wound up with the CAC in accordance with the law.
Finally, all of the above are distinctions between the business name and the company limited by shares. However, it is important to know that there is also a similarity between the two forms of business entities. In line with the Companies and Allied Matters Act 2020, the law governing business formation in Nigeria, either the company or business name can be set up by just a single person.


Source: Resolution law

ivolt:
Allen Onyema was indicted for money laundering.
Nigeria refused to give him up because he is a valuable citizen.
Kyari adds positively to the country by destroying criminal gangs.
Kyari is going nowhere until he is no longer useful.

He was indicted ...can’t recall if a warrant of arrest was issued though!! But our super cop has a super warrant of arrest issued against him.

Kingcalls:
Hmmm.....very foolish thing for that woman to do...if he fell off her bonnet, thats when she will start to regret....those encouraging her will b the ones telling her " u better pass am, u for just give am the 500 prevent this kyn wahala" ... police go just open office for ur head... ur week or month will b ruined, na dat time u go know say the tout get family ... I just don't know y most women are just unnecessary stubborn... if e happen now, na cry she go start to cry..... run far from the devil

The only sensible comment here.. if that guy fell off her bonnet and died ...police would feed off her and her family for months ...her Ego would be deflated forever over 500 naira she could have pleaded she didn’t have or paid if she had.. rather than the usual playing the victim trash....

Intellectual expository on the practice of law albeit succinct. Many are called few are chosen.

Romanoff:
What about the option of co parenting?

Co-parenting is a laudable option. It must afford based on sex, age and circumstances near equal access and custody for either parent.

As a rule of thumb, unless there are concerns to the contrary, both parents have Joint physical custody of the children, whilst mothers have Primary Physical Custody till the children come of age.

Romanoff:
If he doesn't want his kids being raised by another man, he should have wifed their mother. Are you saying single mums cannot marry because their baby's father cannot take another man raising their kids?

That decision should have been taken by using protection or marriage.

Outside that, a co parenting agreement should be made.

This argument is very flawed ....are you saying because of the natural desire for either party to exercise their parental rights over their kids.. they should have married regardless if they were not compatible? What if such marriage was a nesting ground for domestic violence?

This is a very parochial and sentiments informed argument. Marriage isn’t a solution to exercise any parental rights and no one should be blackmailed to live with an intolerable co-parent because of kids.

BuyAndSellStuff:
Disgrace indeed!
What did you say when you were looting Shoprite and other superstores here in Naija during EndSARS? Or when Americans looted during the George Floyd saga?

Abeggi

I have noticed your thread throttling trying to compare the insanity in SA to the looting in Nigeria. I seldom comment on senseless comments but to educate you...the Nigerian protest was triggered by a call for police reform which was hijacked by hoodlums... and in Nigeria they looted consumables... however in SA you are willing to lay your life for ... there is herd insanity as they are looting useless such as coffins, dildos etc... the reason for this ignominy is simply the arrest and prosecution of an alleged criminal... do you understand now?

TMKsouth:
Let me know once they've found 10 cops looting. You gonna mentioning just 2 and it makes national news in Nigger-geria? Real masturbation right there. Focus on SARS where you have to look real hard to find innocent cops.

Also let me know when u spot middle-class blacks looting, instead of being on the constant lookout for whites (as per typical Nigerian mental illness of white worship).

Keep quite for once ..and admit the herd insanity in that shithole called SA...law enforcement agent here take bribes et al. But your cops are looting like petty hoodlums damn!!!!

Calers:
Pdp have done more than what apc is doing them.

Does it validate the actions of APC?

aremso:
The Independent National Electoral Commission has declared the Osun governorship election inconclusive.

INEC’s Returning Officer, Joseph Afuwape, who announced the results on Sunday afternoon, said the PDP candidate, Ademola Adeleke, polled 254,699 while Isiaka Oyetola of the All Progressives Congress had 254,345 votes.

Iyiola Omisore of the Social Democratic Party polled 128,049 votes to place a distant third.

However, Afuwape said that since the difference between the two leading parties was just 353 votes but the number of cancelled votes was 3,5498, no winner had emerged.

“Unfortunately, as the Returning Officer, it is not possible to declare any party as the winner,” he said.

Details soon…

OSUN ELECTIONS AND THE LAW.

I will get straight to the point.

Have you seen the Press Statement issued by INEC?

INEC did not declare elections inconclusive in Osun State because of invalid and/or cancelled votes. Read this again. In short, let me repeat it: INEC did not declare elections inconclusive in Osun State because of invalid and/or cancelled votes.

Therefore, any legal analysis you read that draws it's premise from the fact that INEC declared elections inconclusive because of invalid or cancelled votes is misleading and non sequitur.

I'm writing this because a lot of persons have asked me what the true legal position is on the issue. If you are interested in the true legal position, I will do my best to lay it out here very briefly. But if you are interested in the partisan and sentimental positions, I'm sorry I can't help you with that.

I have looked at the statement issued by INEC and the reasons for declaring the election inconclusive contained therein and I have also looked at the Electoral Act and the Constitution.

According to the Constitution a candidate must score the highest votes at the election to be declared winner. And that same Constitution states categorically that another law, the Electoral Act, must be followed when it comes to elections and the electoral processes.

The Electoral Act defined instances where final election result will not be declared until there is another election or supplementary election.

According to Section 26 of the Electoral Act an election can be postponed or shifted for security reasons and other emergencies. Section 53 also allows INEC to postpone elections if there is over voting in a polling unit.

In both scenarios captured by the Act, the number of registered voters must be such that it can change the outcome of an election. This is the position of the law.

Now, the pertinent question is that, is the reason (s) given by INEC for declaring the election inclusive in tandem with sections 26 and 53 of the Electoral Act? Let's see these reasons:

1. In Osogho LGA, voting did not take place in 1 polling unit due to security reasons; 884 voters where affected. Note that the number of these votes can change the outcome of the elections since PDP is leading with just 353 votes.

Also in Orulu LGA, elections did not hold in 3 units due to disruptions; 947 voters were prevented from voting. Section 26 of the Electoral Act, right there.

2. In Ife North LGA, INEC stated that there was over voting in 1 polling unit; 353 voters were affected. This is the exact vote difference between the two top contenders; enough to swing the pendulum of the elections. Section 53 of the Electoral Act right there.

3. In Ife South LGA, INEC stated that there was malfunction of SCR in 2 polling units and 1314 voters were affected. This number is indeed capable to swing the outcome of the elections.

However, this reason is alien to the Electoral Act. Malfunctioning of SCR is not captured under sections 26 and 53 of the Act. Elections cannot be declared inconclusive because card readers failed to function. There is nothing in the law that says elections can't go on without card readers.

In any case, as you have seen, the reasons given by INEC (apart from one) are legally sufficient to declare an election inconclusive. Whether they gave these reasons sincerely or otherwise is not within the purview of this write up. I don't want to mix law with speculation.

So the next time you see a long analysis about how INEC declared the Osun elections inconclusive because of invalid or cancelled votes, just know that someone is trying to mislead you. All those beautiful legal analysis comes to nothing if it is trying to prove that INEC is wrong for declaring elections inconclusive because of CANCELLED VOTES.

May God save Nigeria and Nigerians.

(FBI) is a Legal Practitioner and writes from Abuj

Johnnyessence:
I'm fully back, I'm back for victory ahead. the inec are only extending our victory days. God almighty will triumph over our enemies . Imole de okunkun parada ni ipinle osun.

Osun state INEC and the Law.
Oshiomole-ACN v Osunbor -PDP
The court Appeal of Nigeria in the case of Oshiomole Adam V.OSunbor ,held that invalid votes will not count in determining the winner of the elections. Because the decision to cancel the votes usually happens before the final collation of the final result.
Invalid votes are in all sense invalid and goes to no issue.
In that case Osunbor of PDP had invalid votes counted in his favour as part of the final result. Oshiomole argued that invalid votes will not count in determining the winner of the elections and remain invalid.
The court deducted the invalid votes and declared Oshiomole winner.
I am not sure that the decision has been set aside.
Rather than do a rerun PDP should seek judicial interpretation and seek for a consequential order.

cronsberg:
Because believe it or not, numerically there are more women than men to the extend that if all men were to marry a woman each, there will still remain basically millions of women unable to find husband cuz all the men are taken. Plus the facts that men are likely to end up in prison, more men die than women, plus all the gay men etc. Polygamy offers a solution, but we are made to think its backwards and uncivilized. So here we are, with majority of new borns being females. Makes it look like as if we are really heading towards the prophecy that a dozen women will be chasing after one man because of male scarcity. Funny enough, with all that, women are still foaming hard to get and playing games, which interestingly also contributes to more women being single because men simply are refusing to chase after the hard to get women unlike before.

In addition the lack of moral values, disregard of culture and loose upbringing are cardinal reasons for an upsurge in single women. Gone are the days when women were ashamed to have body counts before marriages. The truth be told most women seek now lust after carnal pleasures than men in this our generation. They rather explore their sexual fantasies indiscriminately making flimsy excuses of domestic violence etc to exit unions am a lawyer and I have handled divorces.....e.g a woman would say in court that poor sex is a reason she seeks a divorce...No marriage is perfect... Lazy and undisciplined minds find cheap excuses to remain sinfully single or promiscuously married

There are a number of company structures which are recognized by the Companies and Allied Matters Act Cap C20, Laws of the Federation of Nigeria 2004 (CAMA) - which is the principal legislation that regulates the affairs of Nigerian companies). These include a private company limited by shares; a private company limited by guarantee; and a public company limited by shares. A foreign investor that wishes to set up in Nigeria would have to incorporate a company using one of these structures.
Notwithstanding that a foreign investor may regard its proposed Nigerian operations as a branch or subsidiary, the Nigerian operations would have to be undertaken by a separate legal entity, registered under the CAMA. This is because section 54 of the CAMA provides that in order to do business in Nigeria, a foreign investor must incorporate a separate entity in Nigeria, and until a foreign company is so incorporated it “shall not have a place of business or an address for service of documents or processes in Nigeria for any purposes other than the receipt of notices and other documents as matters preliminary to incorporation under the CAMA.
Notwithstanding this general rule, Section 56 of CAMA empowers the Federal Executive Council (which is constituted by the President, Vice President and all ministers, and represents the executive arm of the Nigerian government) to grant exemptions from the mandatory incorporation requirement with respect to foreign companies which are:
• engaged by or with the approval of the Federal Government to execute specific projects
• undertaking approved loan projects on behalf of donor countries or international organisations
• foreign government-owned companies engaged wholly in export promotion activities, or
• engineering consultants or technical experts working on specialist projects under contract with any government of the federation or one of its departments or under approved contracts with any other persons.
However, even if a foreign investor could qualify for an exemption from incorporation on any of the above stated grounds, it might not always be advisable to seek such exemption since:

• Firstly, such exemptions are very rarely granted and, if granted, are only granted in respect of one project and for a fixed period of time (usually three years). The exemptions are hardly ever renewed.

• Secondly, the Federal Executive Council may revoke the exemption at any time if the Council is of the opinion that the company has contravened any provision of the law or has failed to fulfil any condition contained in the exemption order. This means that if a foreign investor sought and obtained an exemption, it might well be vulnerable to the exercise of executive discretion at some future date.
For the above reasons, we usually advise our foreign investor clients who are seeking to explore other business opportunities in Nigeria, or who are engaging in activities that will be carried out over an extended period in Nigeria, to incorporate a local company unless there are specific reasons why this would not be appropriate.
Of the various company structures available, there are clear advantages under local law to a foreign investor [doing business in Nigeria through a private company limited by shares. These include:
• this type of entity has perpetual succession and may incur liabilities of its own
• as a private company, the shareholders – including a foreign investor - are able to appoint, directly or indirectly, the directors and other persons who will manage the company
• any liability that a foreign investor may incur as a shareholder is limited to the amount unpaid in respect of any shares held by a foreign investor [NV] in the capital of the company, and
• should a foreign investor wish to divest itself of its interest, it will find that it is relatively easy to transfer shares in a private company.
Incorporating a limited liability company
The procedure and requirements for incorporating a private and a public limited liability company are essentially the same. These requirements include the following:

• The company must have a minimum of 2 shareholders (who may be individuals or corporate entities). With limited exceptions, companies in Nigeria may be 100% foreign owned. For example, in order for an oil and gas company to enjoy competitive advantage in the award of contracts in the oil and gas industry, at least 51% of the shares of that company must be owned by Nigerians. The initial subscribers must, between them, subscribe for at least 25% of the authorised share capital of the company;
• The company must have a minimum of 2 directors (who may also be the shareholders of the company, and may each be foreign nationals)
• The company must have a registered office
• The proposed company name must be approved by the Corporate Affairs Commission (“CAC”) – Nigeria’s Companies’ Registry
• An indication of the nature of the business to be carried on by the company must be contained in the Memorandum and Articles of Association of the company, and
• A private limited liability company has a minimum authorised share capital of =N=10,000.00; a public limited liability company has a minimum authorised share capital of =N=500,000.00. This distinction is, however, irrelevant in the case of companies with foreign equity participation because such companies are required to have a minimum share capital of =N=10,000,000.00 (ten million Naira) regardless of whether the company is private or public.
The statutory fees payable to incorporate a company in Nigeria would be dependent on the authorised share capital of the company. For instance, where the authorised share capital of the company is =N=10 million the statutory fees payable would be =N=168,500.00 (approx. $1,085.41 at the CBN’s current exchange rate of =N=155.24 to =N=1.00).


Foreign investment approvals
Where a company has foreign shareholders, the company will require certain foreign investment approvals. These are:
Business Registration: All companies with foreign participation in their capital structure are required to register with the Nigerian Investments Promotion Commission after they are incorporated, and obtain a Certificate of Registration of Company with Foreign Participation. This is a fairly straightforward process and registration can be achieved within 3 days. An official fee of =N=15,000.00 is payable to the NIPC for the issuance of this certificate.
Business Permit: Companies with foreign shareholders are also required to obtain a certificate called a “business permit” from the Federal Ministry of the Interior (“FMI”) before they are permitted to carry on business in Nigeria. In order to obtain the business permit, the company will need to, amongst other things, provide evidence that it has invested in the Nigerian company either through cash and/or equipment. This evidence will usually be in the form of a Certificate of Capital Importation which is discussed below.
Certificate of Capital Importation: Nigeria’s foreign exchange regulations require that foreign investors must, if they wish to have access to the official foreign exchange markets for the purpose of remitting their dividends, interest or capital, obtain what is called a Certificate of Capital Importation (“CCI”) as evidence that their investment has been brought into Nigeria.

CCIs are issued by Authorised Dealers (i.e. banks licensed by the Central Bank of Nigeria to deal in foreign exchange) through which the funds are remitted into Nigeria and state, on their face, the purpose for which the moneys were brought in and the amount of the investment.
Once obtained, a CCI permits the foreign investor to access the official foreign exchange market to purchase foreign exchange to remit its dividends, or to repatriate its capital in the event of the partial or complete sale of its investment. A CCI can be obtained within 24 – 48 hours after the investor has brought its foreign investment capital into Nigeria through an Authorised Dealer.
Employment of foreign employees in Nigeria


Expatriate Quota Approvals: Where a company intends to employ expatriates, it must apply for expatriate quota positions for the relevant number of expatriate personnel it intends to employ. This approval is granted by the Federal Ministry of the Interior and it is the authorisation that sets out the maximum number of expatriates that a Nigerian company may employ. There is no restriction on the number of quota positions that may be applied for; however, the number of quota positions that will be granted is at the discretion of the Minister of the Interior. The applicant company is, amongst other things, required to have an authorised share capital of at least =N=10,000,000.00 (ten million Naira).
Expatriate quotas are usually granted for a period of 2 years and may be renewed up to 5 times or for a period not exceeding 10 years in exceptional circumstances. The Federal Government of Nigeria has a policy of encouraging the employment and training of Nigerians and, therefore, the renewal of a quota position is normally dependent on showing that at least 2 (two) Nigerian employees have been appointed to understudy the expatriate.
Residents Permits and Visas: After the grant of the expatriate quota positions, the expatriates will each be required to apply for residence permits, in order for them to reside and work in Nigeria. Expatriates can be accompanied by their families and dependant applications will be submitted on their behalf.



Tax Registrations
All local companies are required to be registered with the relevant tax authorities for tax purposes. After incorporation, the company makes an application to the relevant tax office requesting the issuance of a Tax Identification Number (TIN), a Tax Clearance Certificate (TCC) and VAT registration.
The taxes payable by local companies include:
• Companies Income Tax levied at the rate of 30% on the profits of all Nigerian companies (excluding certain tax-exempt companies and companies engaged in the exploration for or production of petroleum)
• Education Tax at the rate of 2% of corporate profits as assessed under the Companies Income Tax Act (“CITA”)
• Stamp Duties imposed at different rates on most legal documents
• Value Added Tax at a flat rate of 5% on the supply of a wide range of goods and services
• Capital Gains Tax (CGT) levied at the rate of 10% on any gains from the disposal of assets. This tax is not payable where the money is used to acquire replacement assets within a twelve month period before or after the disposal ( note that in Nigeria, there is no CGT on the disposal of shares)
• Withholding Tax ranging from 5% (for construction and agency arrangements) to 10% (for dividend, interest and rent).
A company that employs staff is also required to:
• make a monthly deduction of 2.5% of each employee’s basic salary payable to the National Housing Fund
• make monthly contributions to a mandatory pension scheme (contributions are made by the employer and the employee), if it has 5 or more employees
• register with the Nigeria Social Insurance Trust Fund and contribute a minimum of 1% of its total monthly payroll into the employees’ compensation fund, and
• make a contribution of 1% of payroll costs to the Industrial Training Fund if it has 25 or more employees.
Tax Incentives
There are several investment incentives available to investors in Nigeria which are aimed at reducing their tax liabilities.
• The Pioneer Status scheme established by the Industrial Development (Income Tax Relief) Act grants companies, operating in certain industries, that have a minimum expenditure of =N=50,000.00 (in the case of companies controlled by Nigeria indigenes) or =N=150,000.00 (in the case of any other company) a non-renewable tax holiday exempting the company from the obligation to pay corporate income and education tax, and the obligation to withhold tax on dividends for 5 years.
• Manufacturers and purchasers of local plant and machinery are entitled to an Investment Credit of 25% (for plant) and 15% (for machinery) – convertible to an Investment Allowance (“IA”).
• A company that is replacing plant and machinery is permitted to take a Capital Allowance of 95% of the qualifying expenditure in the first year with 5% retention as the book value until disposal. In addition, the CITA permits the company to claim an IA of 15% of the qualifying expenditure made in respect of the replaced assets.
• An industry engaged in research and development is allowed to deduct up to 120% of costs incurred and up to 140% of the cost if local materials are used.
• Capital Gains Tax is not charged in respect of gains from the sale of shares and stocks.
• The interest payable in respect of a loan granted to a Nigerian company by a foreign company may be exempt from tax, depending on the tenor of the loan and the moratorium granted. Applicable tax exemptions for loans are as follows:
Repayment Period including moratorium Grace Period Tax Exemption
More than 7 years Not less than 2 years 100%
5-7 years Not less than 18 months 70%
2-4 years Not less than 12 months 40%
Less than 2 years Nil Nil



Additional incentives are also granted in respect of investments in certain sectors such as the oil and gas, power, and agricultural sectors.
For example, where a company operating in the oil and gas sector utilises Nigeria’s natural gas resources, the incentives that are available include a tax holiday for an initial period of 3 years, which is renewable for an additional 2 years..
In the power sector, all areas of investment are considered to be pioneer and would, therefore, qualify for the grant of pioneer status.
In relation to agriculture, any company carrying out agricultural activities is entitled to an exemption from the provisions of section 28A of CITA which imposes a minimum tax on all companies regardless of whether or not they make a profit.
Other key matters to consider


In Nigeria, there are certain sectors which require special licenses to carry on business in those sectors. These include the telecommunications, banking, capital markets, insurance and the oil and gas sectors.
Agreements that provide for the transfer of foreign technology to Nigerian companies are required to be registered with the National Office for Technology Acquisition and Promotion (“NOTAP”) within 60 days of the execution of the agreement.

Conclusion
It is possible that the applicable laws relevant to the incorporation of companies may be revised or changed. We would, therefore, recommend that detailed legal advice should be sought and obtained in order to ensure that the information set out herein is up-to-date and/or applicable to your circumstances.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document

The quest to leave Nigeria for greener pastures has evidently become the goal of most people, especially the youths who want a better life for themselves.

There are many countries that offer migration pathways, but Canada remains most desired and the reasons aren’t farfetched.

In an increasingly nationalistic world, Canada remains a safe and inviting destination for migrants and refugees.

The prairie province of Alberta, Canada offers a plethora of provincial immigration routes for intending migrants with desirable me skills to
migrate and improve their lives.


Rural Alberta needs labour to fill in available job opportunities, and migrant labour is in high demand.

Here is a link to the rural renewal programme https://www.alberta.ca/aaip-rural-renewal-stream


Participating Communities in Rural Renewal Stream program are categorized and listed below;


🔹 Northern Alberta
1. Peace River
2. High Level
3. High Prairie
4. Manning
5. Fairview
6. Valleyview
7. Grimshaw
8. La Crete
9. Rainbow Lake
10. Fox Creek


🔹 Central Alberta
1. Stettler
2. Rocky Mountain House
3. Ponoka
4. Innisfail
5. Lacombe (technically a city, but rural-feel)
6. Rimbey
7. Killam
8. Wainwright
9. Sundre
10. Three Hills


🔹 Southern Alberta
1. Cardston
2. Raymond
3. Claresholm
4. Fort Macleod
5. Nanton
6. Vulcan
7. Pincher Creek
8. Milk River
9. Bow Island
10. Taber

🔹 Eastern Alberta (Prairie/Border Areas)
1. Hanna
2. Oyen
3. Provost
4. Coronation
5. Hardisty
6. Forestburg
7. Czar
8. Amisk
9. Youngstown
10. Special Areas (Municipal Districts 2, 3, and 4)

⸻

🔹 Western Alberta (Foothills/Mountain Fringe)
1. Hinton
2. Edson
3. Jasper (rural but touristy)
4. Canmore (more developed but technically small-town)
5. Bragg Creek
6. Black Diamond (now part of Diamond Valley)
7. Turner Valley (also now part of Diamond Valley)
8. Caroline
9. Nordegg (very small, historic area)


Interested persons can build their résumé’s using resources on here https://ztresumebuilder.com/


Applicants can search for jobs via https://m.eluta.ca/

You don’t need any agent to fleece you off your hard earned money. Diligently search and apply for jobs. Once a job has been secured, your prospective employer will sponsor and you can move permanently to Canada under the Alberta Advantage Immigration Program.


All the best.

By the Provisions of section 54, of the Nigerian Labour Act, Chapter 198 LFN, 2004,

Employment Rights of women


"
54. (1) In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-



(a) shall have the right to leave her work if she produces a medical certificate given by a registered medical practitioner stating that her confinement will probably take place within six weeks;



(b) shall not be permitted to work during the six weeks following her confinement;



(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent; and



(d) shall in any case, if she is nursing her child, be allowed half an hour twice a day during her working hours for that purpose.



(2) Subsection (1) (c) of this section shall have effect notwithstanding any law relating to the fixing and payment of a minimum wage.



(3) No employer shall be liable, in his capacity as an employer, to pay any medical expenses incurred by a woman during or on account of her pregnancy or confinement.



(4) Where a woman-



(a) is absent from her work in pursuance of subsection (1) (a) or (b) of this section; or



(b) remains absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work, then, until her absence has exceeded such a period (if any) as may be prescribed, no employer shall give her notice of dismissal during her absence or notice of dismissal expiring during her absence.



(5) In subsection (1) (d) of this section, "child" includes both a legitimate and an illegitimate child. "


Under the Nigerian Labour Law passed in 2004, a woman working in the country’s civil service has the right to maternity leave of three months, as long as she provides a medical certificate stating she should not or cannot work.

The medical certificate allows her to stay off work for 12 weeks – six weeks before the birth of her baby and six weeks after.

According to a report on Wednesday by The Punch newspaper, the Minister of Labour and Employment, Chris Ngige, announced the extension to the leave Tuesday while addressing the plenary session at the ongoing 107th International Labour Conference in Geneva, Switzerland.


“Nigeria recently increased the period for maternity leave from 12 to 16 weeks to allow enough recuperation time for both baby and mother in terms of breastfeeding,” Mr Ngige was quoted to have said at the conference themed: A future with decent work.

He noted that disciplinary proceedings against any female member of staff during period of her maternity leave shall be put in abeyance till the expiration of the leave.

“Employers of labour are also barred from removal of women from work due to their marital status.

“Illegal labour migration, contract staffing and labour casualisation which affects most women are being reformed through policies and regulations at national, bilateral and multilateral levels.”


The minister also advised women to seek legal action against discrimination and abuses at workplace.


“Women who fall victims to these abuses are encouraged to oppose such through legal actions as well as report to labour inspectors,’’ he said.

He stressed the for appropriate legislation, policies and practices to deal with gender gaps which inhibit greater participation of women in the labour force.

Female employees are entitled to maternity leave with full pay. However, the Nigerian Labour Act does not recognise paternity leave and makes no such provisions.


A bill for an Act to make provisions for optional paternity leave to married male employees in private and public service failed to scale through second reading in the Nigerian House of Representatives last month.

However, in some states within the federation the question of paternity leave has been considered and state workers such as the Lagos State civil servants are entitled to 10 days’ paternity leave within the first two months of the birth of a baby.

nigeriapenmedia:
https://www.nigeriapen.com.ng/wp-content/uploads/2018/08/f0277c33-3cfc-4dfb-9bc2-150f2e122519.jpg



Read More At>>> Nigeriapen.com.ng

Source: https://www.nigeriapen.com.ng/why-can-i-sue-my-employer-is-often-the-wrong-question-id8688778-html/

Lalasticlala

The passage above depicts a scenario unlikely to happen within our jurisdiction. Should such occur it would very unlikely for a lawyer to prove elements of racial or ethnic discrimination etc in making a case for his client's.. I would rather think of scenarios that commonly erupt locally between employers and employees in Nigeria...not America..

...

....

The quest to leave Nigeria for greener pastures has evidently become the goal of most people, especially the youths who want a better life for themselves.

There are many countries that offer migration pathways, but Canada remains most desired and the reasons aren’t farfetched.

In an increasingly nationalistic world, Canada remains a safe and inviting destination for migrants and refugees.

The prairie province of Alberta, Canada offers a plethora of provincial immigration routes for intending migrants with desirable me skills to
migrate and improve their lives.


Rural Alberta needs labour to fill in available job opportunities, and migrant labour is in high demand.

Here is a link to the rural renewal programme https://www.alberta.ca/aaip-rural-renewal-stream


Participating Communities in Rural Renewal Stream program are categorized and listed below;


🔹 Northern Alberta
1. Peace River
2. High Level
3. High Prairie
4. Manning
5. Fairview
6. Valleyview
7. Grimshaw
8. La Crete
9. Rainbow Lake
10. Fox Creek


🔹 Central Alberta
1. Stettler
2. Rocky Mountain House
3. Ponoka
4. Innisfail
5. Lacombe (technically a city, but rural-feel)
6. Rimbey
7. Killam
8. Wainwright
9. Sundre
10. Three Hills


🔹 Southern Alberta
1. Cardston
2. Raymond
3. Claresholm
4. Fort Macleod
5. Nanton
6. Vulcan
7. Pincher Creek
8. Milk River
9. Bow Island
10. Taber

🔹 Eastern Alberta (Prairie/Border Areas)
1. Hanna
2. Oyen
3. Provost
4. Coronation
5. Hardisty
6. Forestburg
7. Czar
8. Amisk
9. Youngstown
10. Special Areas (Municipal Districts 2, 3, and 4)

⸻

🔹 Western Alberta (Foothills/Mountain Fringe)
1. Hinton
2. Edson
3. Jasper (rural but touristy)
4. Canmore (more developed but technically small-town)
5. Bragg Creek
6. Black Diamond (now part of Diamond Valley)
7. Turner Valley (also now part of Diamond Valley)
8. Caroline
9. Nordegg (very small, historic area)


Interested persons can build their résumé’s using resources on here https://ztresumebuilder.com/


Applicants can search for jobs via https://m.eluta.ca/

You don’t need any agent to fleece you off your hard earned money. Diligently search and apply for jobs. Once a job has been secured, your prospective employer will sponsor and you can move permanently to Canada under the Alberta Advantage Immigration Program.


All the best.

The overwhelming desire to partner and represent global brands in domestic markets drives many to seek franchise agreements. As exciting as the prospects of becoming franchise holder's may seem, there are intricate details one pay close attention whilst considering these golden opportunities. Innumerable as these factors are, I have covered some issues for your digest.

Until now, there was no franchise-specific law in Nigeria, and as a method of marketing and distribution, franchising has been operating under Nigeria's sales law, which derives its operating terms and conditions from British common law.  In 2016, a new Franchise Bill was submitted to the National Assembly, which has passed second reading before the Senate, and it is hoped this would soon be passed into a law governing the franchise sector.  In the meantime, NOTAP (National Office for Technology Acquisition and Promotion, which belongs to the Nigerian Ministry of Science and Technology) remains the sector regulator, but it is reported that their role would be streamlined by the proposed law.
 
NOTAP participates in trade events including international buyer programs such as the annual International Franchise Expo delegation organized by CS Nigeria.  It has a mandate to commercialize institutional research and development with industry.  Additional information or clarification about NOTAP. 


What is a franchise agreement?
Sounds like an obvious question, in its broadest sense the "F" word describes any third party relationship in which one business is licensing its key intellectual property, such as the trademark, copyright in materials, any proprietary software and its know-how to enable another business to replicates how it operates and sells its products and services. Typically this is characterised as a "business format" franchise, but the relationship can have varying degrees of control and different monikers, such as "JV partners", "franchise partners", "licensees".

The franchise agreement will also cover the franchisor's provision of initial and ongoing support and training, and also some centralised services. There will be a long list of the franchisee's obligations to follow the system and comply with guidelines. The franchise agreement will also set out the key financial obligations and what happens when the relationship comes to an end.

The franchise agreement sits alongside the operations manual and the business plan – all three documents together form the foundation of a franchisee's business, so it is essential that both parties fully understand the terms of the franchise agreement, otherwise they will not have a strong foundation on which to build a successful business relationship.

Why are franchise agreements so one-sided?
Franchise agreements differ from many other forms of commercial contract in their one-sided nature. But there is a good reason for this: by joining a franchise network and growing a business using the franchisor's brand, know how, products and support, a franchisee is entering into a legal relationship which is very different from bi-lateral commercial agreements. The franchisor has to be able to monitor, audit and effectively police its network of franchisees in order to ensure uniformity of brand experience and brand standards. Equally, the franchisor is placing its core business asset, its IP, in the hands of a third party, so there has to be a firm commitment to adhere to standards and develop the business in accordance with certain standard.

The upshot is that the franchise agreement must therefore be biased in favour of franchisor, otherwise the network is built on a house of cards. The litmus test for any compromise on a franchisor's standard terms is; "what would happen if this compromise was given to all franchisees"? If the answer is that it would lead to an erosion of the franchisor's ability to protect its IP, change and update its system/consumer offer and police and enforce brand standards, then the compromise must be rejected – crucially, this unilateral approach will benefit compliant franchisees, as it means that quality standards will be high, it shows that the franchisor cares and that bad performing franchisees should not be able to undermine the network.

From a franchisor's perspective, what are the 5 key issues to cover in a franchise agreement?
Clarity over the grant of rights, and what is reserved to the franchisor
If a franchisor is offering a territory based franchise, it should only grant the minimum required territory and impose performance targets, to ensure that the territory is fully exploited and that the franchisee has the capability of utilise it fully. Understanding your target territory and the capability of the franchisee is crucial. Franchisors should resist the temptation to grant blanket exclusivity and if necessary use rights of first refusal. It is easier to increase the territory later than reduce it. Franchisors of certain systems (particularly in the retail and leisure and hospitality sectors) should think increasingly about exclusivity both in terms of geography and "channels".
The ability to evolve the system
Franchise agreements are often long term commercial contracts which are set in stone on the day they are signed. The operational manual is a living and breathing document which will evolve over time as the system changes, and it is therefore vitally important to ensure that the franchise agreement and operational manual work in tandem and strike the right balance between legal and financial certainty for the franchisee and the franchisor's need to innovate and drive changes through the system to ensure that the franchise remains competitive. If the right balance is not achieved, a franchisor may find itself unable to develop the system or forced into developing a two or multi-tiered system in which a consumer's experience of the brand may vary from market to market, or from franchisee to franchisee.
Protecting the know-how
Restrictive covenants ("RCs" are very common in franchise agreements. They seek to protect goodwill and customer relationships by limiting the licensee's right to operate a competing business both during the term and after the termination or expiry of the agreement. RCs will typically comprise of undertakings of non-solicitation, non-dealing, confidentiality and non-competition and have a specific duration and/or geographical reach. RCs can be vital in protecting the integrity of a brand's network.
RCs must comply with applicable competition law and common law principles on restraint of trade. To be enforceable, RCs in franchise agreements must therefore strike a delicate balance between protecting the franchisor's legitimate business interests and at the same time not being overzealous in their scope and duration. Poorly worded RCs could render the entire clause, or possibly the franchise agreement, unenforceable. RCs that fall foul of competition law also risk exposing the parties to the agreement to investigation by the UK or EU competition authorities and fines for infringement of the competition rules. A franchisee that suffers loss as a result of an anti-competitive RC may also have a damages claim against the franchisor.

Managing risk
From a financial perspective, it is important that the franchise agreement clearly sets out all of the relevant fees and payment obligations. A common blind spot is who is responsible for the franchisor's costs in providing initial and ongoing support and assistance and conducting inspections and audits in the franchisee's territory. Equally, where a franchisor supplies goods on credit to the franchisee, or facilitates a direct relationship between each franchisee and its nominated supplier, it is important that the franchisor can monitor the credit risk and take action, as the risk of systemic financial exposure and damage to the brand is significant.
Other areas of increasing importance are those sections in the franchise agreement which relate to online promotional activities, e-commerce and data protection. All 3 are key touch points with customers, so it is important that the franchise agreement sets the framework for how these interactions should operate.

Exit/investment planning for the franchisor
Franchisor's should plan for an exit that is smooth, causes the least disruption to the network and maximises the value. It is important that your franchise agreements facilitate this and do not act as a blocker on any potential investment into or sale of the franchisor. Change of control and assignment provisions must enable a franchisor to dispose of its business without having to seek individual consents from franchisees.
From a franchisee's perspective, what are the 5 key issues to look for in a franchise agreement?
Is the franchisor the owner or licensee of the IP and know-how, and what are they prepared to guarantee about a franchisee's such of such IP and know-how?
One of the key pieces of due diligence on a franchisor is to check what trade mark protection they have in place and whether they own those registrations, or are simply licensed to grant franchises.

In relation know-how, the European Code of Ethics for Franchising ("Code of Ethics" – which is designed to promote ethical franchising in Europe and provides the franchise industry's foundation for voluntary self-regulation - was recently updated and one of the new obligations on franchisors (i.e. franchisors who are members of a national franchise association like the British Franchise Association in the UK) is to guarantee the right to use the know-how transferred and/or made available to the franchisee, which know-how it is the franchisor's responsibility to maintain and develop.

This is an interesting addition to the Code of Ethics, particularly in light of recent case law in key franchise jurisdictions such as Canada, where franchisees have successfully sued their franchisor for failing to protect their businesses from innovative competitors;

Obligation to evolve the System and police the network
For franchisees, franchisors should be duty bound to develop and innovate the system and keep it competitive against other similar systems. Furthermore, the franchisor's desire to have the broad rights to monitor the network and enforce contractual terms should arguably extend into an obligation to police the network and sanction franchisees that do not play by the rules.

Online rights
Franchisees need to understand how they promote their business and even sell their services and products online. Therefore, it should be incumbent on a franchisor to inform prospective and individual franchisees of their internet communication and/or sales policy. It should not be acceptable for some franchisors to hide behind the opaque pretence of "prior written consent" before a franchisee is allowed to participate in online activities.

Good faith and fair dealing
There is clear recognition in the Code of Ethics that the franchisor/franchisee relationship should be underpinned by the principles of good faith & fair dealings. Both are expressly included in the preamble to the Code of Ethics, which emphasises the importance of franchisor-franchisee relations based on fairness, transparency and loyalty, each of which contribute to confidence in the relationship. Franchisees should check dispute resolution clauses to see if they contain an escalation process for resolving complaints, grievances and disputes with through fair and reasonable direct communication and negotiation. If this fails, the agreement should be clear how disputes are finally resolved, for example through the courts, mediation or arbitration. Arbitration can be a very expensive blunt tool for resolving for domestic disputes in the UK (although it has advantages in an international context).

Exit planning
Franchisees should have the right in most cases to sell or transfer their business as a going concern during the term of business. For larger franchisees, it is also important to ensure that they have the ability to transfer shares between existing owners, assign rights as part of a corporate restructuring exercise, or take third party investment, provided that such activities do not materially change the ultimate management of the franchisee or compromise the franchisee's contractual obligations around issues such non-compete restrictions and secured interests.

Diamond Practice LLP

A boutique law firm of seasoned Attorneys versed in IP, Property/ Conveyancing and Corporate/Commercial practice.

MODs please move to the right sections... Thanks

Tahrah:
If she doesn't want to be a single parent,why did she get pregnant when she isn't married?

How many abortion have you done in a bid to remain the good girl to be married

The overwhelming desire to partner and represent global brands in domestic markets drives many to seek franchise agreements. As exciting as the prospects of becoming franchise holder's may seem, there are intricate details one pay close attention whilst considering these golden opportunities. Innumerable as these factors are, I have covered some issues for your digest.

Until now, there was no franchise-specific law in Nigeria, and as a method of marketing and distribution, franchising has been operating under Nigeria's sales law, which derives its operating terms and conditions from British common law.  In 2016, a new Franchise Bill was submitted to the National Assembly, which has passed second reading before the Senate, and it is hoped this would soon be passed into a law governing the franchise sector.  In the meantime, NOTAP (National Office for Technology Acquisition and Promotion, which belongs to the Nigerian Ministry of Science and Technology) remains the sector regulator, but it is reported that their role would be streamlined by the proposed law.
 
NOTAP participates in trade events including international buyer programs such as the annual International Franchise Expo delegation organized by CS Nigeria.  It has a mandate to commercialize institutional research and development with industry.  Additional information or clarification about NOTAP. 


What is a franchise agreement?
Sounds like an obvious question, in its broadest sense the "F" word describes any third party relationship in which one business is licensing its key intellectual property, such as the trademark, copyright in materials, any proprietary software and its know-how to enable another business to replicates how it operates and sells its products and services. Typically this is characterised as a "business format" franchise, but the relationship can have varying degrees of control and different monikers, such as "JV partners", "franchise partners", "licensees".

The franchise agreement will also cover the franchisor's provision of initial and ongoing support and training, and also some centralised services. There will be a long list of the franchisee's obligations to follow the system and comply with guidelines. The franchise agreement will also set out the key financial obligations and what happens when the relationship comes to an end.

The franchise agreement sits alongside the operations manual and the business plan – all three documents together form the foundation of a franchisee's business, so it is essential that both parties fully understand the terms of the franchise agreement, otherwise they will not have a strong foundation on which to build a successful business relationship.

Why are franchise agreements so one-sided?
Franchise agreements differ from many other forms of commercial contract in their one-sided nature. But there is a good reason for this: by joining a franchise network and growing a business using the franchisor's brand, know how, products and support, a franchisee is entering into a legal relationship which is very different from bi-lateral commercial agreements. The franchisor has to be able to monitor, audit and effectively police its network of franchisees in order to ensure uniformity of brand experience and brand standards. Equally, the franchisor is placing its core business asset, its IP, in the hands of a third party, so there has to be a firm commitment to adhere to standards and develop the business in accordance with certain standard.

The upshot is that the franchise agreement must therefore be biased in favour of franchisor, otherwise the network is built on a house of cards. The litmus test for any compromise on a franchisor's standard terms is; "what would happen if this compromise was given to all franchisees"? If the answer is that it would lead to an erosion of the franchisor's ability to protect its IP, change and update its system/consumer offer and police and enforce brand standards, then the compromise must be rejected – crucially, this unilateral approach will benefit compliant franchisees, as it means that quality standards will be high, it shows that the franchisor cares and that bad performing franchisees should not be able to undermine the network.

From a franchisor's perspective, what are the 5 key issues to cover in a franchise agreement?
Clarity over the grant of rights, and what is reserved to the franchisor
If a franchisor is offering a territory based franchise, it should only grant the minimum required territory and impose performance targets, to ensure that the territory is fully exploited and that the franchisee has the capability of utilise it fully. Understanding your target territory and the capability of the franchisee is crucial. Franchisors should resist the temptation to grant blanket exclusivity and if necessary use rights of first refusal. It is easier to increase the territory later than reduce it. Franchisors of certain systems (particularly in the retail and leisure and hospitality sectors) should think increasingly about exclusivity both in terms of geography and "channels".
The ability to evolve the system
Franchise agreements are often long term commercial contracts which are set in stone on the day they are signed. The operational manual is a living and breathing document which will evolve over time as the system changes, and it is therefore vitally important to ensure that the franchise agreement and operational manual work in tandem and strike the right balance between legal and financial certainty for the franchisee and the franchisor's need to innovate and drive changes through the system to ensure that the franchise remains competitive. If the right balance is not achieved, a franchisor may find itself unable to develop the system or forced into developing a two or multi-tiered system in which a consumer's experience of the brand may vary from market to market, or from franchisee to franchisee.
Protecting the know-how
Restrictive covenants ("RCs" are very common in franchise agreements. They seek to protect goodwill and customer relationships by limiting the licensee's right to operate a competing business both during the term and after the termination or expiry of the agreement. RCs will typically comprise of undertakings of non-solicitation, non-dealing, confidentiality and non-competition and have a specific duration and/or geographical reach. RCs can be vital in protecting the integrity of a brand's network.
RCs must comply with applicable competition law and common law principles on restraint of trade. To be enforceable, RCs in franchise agreements must therefore strike a delicate balance between protecting the franchisor's legitimate business interests and at the same time not being overzealous in their scope and duration. Poorly worded RCs could render the entire clause, or possibly the franchise agreement, unenforceable. RCs that fall foul of competition law also risk exposing the parties to the agreement to investigation by the UK or EU competition authorities and fines for infringement of the competition rules. A franchisee that suffers loss as a result of an anti-competitive RC may also have a damages claim against the franchisor.

Managing risk
From a financial perspective, it is important that the franchise agreement clearly sets out all of the relevant fees and payment obligations. A common blind spot is who is responsible for the franchisor's costs in providing initial and ongoing support and assistance and conducting inspections and audits in the franchisee's territory. Equally, where a franchisor supplies goods on credit to the franchisee, or facilitates a direct relationship between each franchisee and its nominated supplier, it is important that the franchisor can monitor the credit risk and take action, as the risk of systemic financial exposure and damage to the brand is significant.
Other areas of increasing importance are those sections in the franchise agreement which relate to online promotional activities, e-commerce and data protection. All 3 are key touch points with customers, so it is important that the franchise agreement sets the framework for how these interactions should operate.

Exit/investment planning for the franchisor
Franchisor's should plan for an exit that is smooth, causes the least disruption to the network and maximises the value. It is important that your franchise agreements facilitate this and do not act as a blocker on any potential investment into or sale of the franchisor. Change of control and assignment provisions must enable a franchisor to dispose of its business without having to seek individual consents from franchisees.
From a franchisee's perspective, what are the 5 key issues to look for in a franchise agreement?
Is the franchisor the owner or licensee of the IP and know-how, and what are they prepared to guarantee about a franchisee's such of such IP and know-how?
One of the key pieces of due diligence on a franchisor is to check what trade mark protection they have in place and whether they own those registrations, or are simply licensed to grant franchises.

In relation know-how, the European Code of Ethics for Franchising ("Code of Ethics" – which is designed to promote ethical franchising in Europe and provides the franchise industry's foundation for voluntary self-regulation - was recently updated and one of the new obligations on franchisors (i.e. franchisors who are members of a national franchise association like the British Franchise Association in the UK) is to guarantee the right to use the know-how transferred and/or made available to the franchisee, which know-how it is the franchisor's responsibility to maintain and develop.

This is an interesting addition to the Code of Ethics, particularly in light of recent case law in key franchise jurisdictions such as Canada, where franchisees have successfully sued their franchisor for failing to protect their businesses from innovative competitors;

Obligation to evolve the System and police the network
For franchisees, franchisors should be duty bound to develop and innovate the system and keep it competitive against other similar systems. Furthermore, the franchisor's desire to have the broad rights to monitor the network and enforce contractual terms should arguably extend into an obligation to police the network and sanction franchisees that do not play by the rules.

Online rights
Franchisees need to understand how they promote their business and even sell their services and products online. Therefore, it should be incumbent on a franchisor to inform prospective and individual franchisees of their internet communication and/or sales policy. It should not be acceptable for some franchisors to hide behind the opaque pretence of "prior written consent" before a franchisee is allowed to participate in online activities.

Good faith and fair dealing
There is clear recognition in the Code of Ethics that the franchisor/franchisee relationship should be underpinned by the principles of good faith & fair dealings. Both are expressly included in the preamble to the Code of Ethics, which emphasises the importance of franchisor-franchisee relations based on fairness, transparency and loyalty, each of which contribute to confidence in the relationship. Franchisees should check dispute resolution clauses to see if they contain an escalation process for resolving complaints, grievances and disputes with through fair and reasonable direct communication and negotiation. If this fails, the agreement should be clear how disputes are finally resolved, for example through the courts, mediation or arbitration. Arbitration can be a very expensive blunt tool for resolving for domestic disputes in the UK (although it has advantages in an international context).

Exit planning
Franchisees should have the right in most cases to sell or transfer their business as a going concern during the term of business. For larger franchisees, it is also important to ensure that they have the ability to transfer shares between existing owners, assign rights as part of a corporate restructuring exercise, or take third party investment, provided that such activities do not materially change the ultimate management of the franchisee or compromise the franchisee's contractual obligations around issues such non-compete restrictions and secured interests.

Diamond Practice LLP

Available for assistance or further clarification.

The quest to leave Nigeria for greener pastures has evidently become the goal of most people, especially the youths who want a better life for themselves.

There are many countries that offer migration pathways, but Canada remains most desired and the reasons aren’t farfetched.

In an increasingly nationalistic world, Canada remains a safe and inviting destination for migrants and refugees.

The prairie province of Alberta, Canada offers a plethora of provincial immigration routes for intending migrants with desirable me skills to
migrate and improve their lives.


Rural Alberta needs labour to fill in available job opportunities, and migrant labour is in high demand.

Here is a link to the rural renewal programme https://www.alberta.ca/aaip-rural-renewal-stream


Participating Communities in Rural Renewal Stream program are categorized and listed below;


🔹 Northern Alberta
1. Peace River
2. High Level
3. High Prairie
4. Manning
5. Fairview
6. Valleyview
7. Grimshaw
8. La Crete
9. Rainbow Lake
10. Fox Creek


🔹 Central Alberta
1. Stettler
2. Rocky Mountain House
3. Ponoka
4. Innisfail
5. Lacombe (technically a city, but rural-feel)
6. Rimbey
7. Killam
8. Wainwright
9. Sundre
10. Three Hills


🔹 Southern Alberta
1. Cardston
2. Raymond
3. Claresholm
4. Fort Macleod
5. Nanton
6. Vulcan
7. Pincher Creek
8. Milk River
9. Bow Island
10. Taber

🔹 Eastern Alberta (Prairie/Border Areas)
1. Hanna
2. Oyen
3. Provost
4. Coronation
5. Hardisty
6. Forestburg
7. Czar
8. Amisk
9. Youngstown
10. Special Areas (Municipal Districts 2, 3, and 4)

⸻

🔹 Western Alberta (Foothills/Mountain Fringe)
1. Hinton
2. Edson
3. Jasper (rural but touristy)
4. Canmore (more developed but technically small-town)
5. Bragg Creek
6. Black Diamond (now part of Diamond Valley)
7. Turner Valley (also now part of Diamond Valley)
8. Caroline
9. Nordegg (very small, historic area)


Interested persons can build their résumé’s using resources on here https://ztresumebuilder.com/


Applicants can search for jobs via https://m.eluta.ca/

You don’t need any agent to fleece you off your hard earned money. Diligently search and apply for jobs. Once a job has been secured, your prospective employer will sponsor and you can move permanently to Canada under the Alberta Advantage Immigration Program.


All the best.

Umarlulu:
the exploration isn't a problem,licence in Nigeria unless you have strong connection.

Our professional network can secure the right licences and permits ..you need..give us a call

Structures for carrying on business in Nigeria
There are a number of company structures which are recognized by the Companies and Allied Matters Act Cap C20, Laws of the Federation of Nigeria 2004 (CAMA) - which is the principal legislation that regulates the affairs of Nigerian companies). These include a private company limited by shares; a private company limited by guarantee; and a public company limited by shares. A foreign investor that wishes to set up in Nigeria would have to incorporate a company using one of these structures.
Notwithstanding that a foreign investor may regard its proposed Nigerian operations as a branch or subsidiary, the Nigerian operations would have to be undertaken by a separate legal entity, registered under the CAMA. This is because section 54 of the CAMA provides that in order to do business in Nigeria, a foreign investor must incorporate a separate entity in Nigeria, and until a foreign company is so incorporated it “shall not have a place of business or an address for service of documents or processes in Nigeria for any purposes other than the receipt of notices and other documents as matters preliminary to incorporation under the CAMA.
Notwithstanding this general rule, Section 56 of CAMA empowers the Federal Executive Council (which is constituted by the President, Vice President and all ministers, and represents the executive arm of the Nigerian government) to grant exemptions from the mandatory incorporation requirement with respect to foreign companies which are:
• engaged by or with the approval of the Federal Government to execute specific projects
• undertaking approved loan projects on behalf of donor countries or international organisations
• foreign government-owned companies engaged wholly in export promotion activities, or
• engineering consultants or technical experts working on specialist projects under contract with any government of the federation or one of its departments or under approved contracts with any other persons.
However, even if a foreign investor could qualify for an exemption from incorporation on any of the above stated grounds, it might not always be advisable to seek such exemption since:
• Firstly, such exemptions are very rarely granted and, if granted, are only granted in respect of one project and for a fixed period of time (usually three years). The exemptions are hardly ever renewed.
• Secondly, the Federal Executive Council may revoke the exemption at any time if the Council is of the opinion that the company has contravened any provision of the law or has failed to fulfil any condition contained in the exemption order. This means that if a foreign investor sought and obtained an exemption, it might well be vulnerable to the exercise of executive discretion at some future date.
For the above reasons, we usually advise our foreign investor clients who are seeking to explore other business opportunities in Nigeria, or who are engaging in activities that will be carried out over an extended period in Nigeria, to incorporate a local company unless there are specific reasons why this would not be appropriate.
Of the various company structures available, there are clear advantages under local law to a foreign investor [doing business in Nigeria through a private company limited by shares. These include:
• this type of entity has perpetual succession and may incur liabilities of its own
• as a private company, the shareholders – including a foreign investor - are able to appoint, directly or indirectly, the directors and other persons who will manage the company
• any liability that a foreign investor may incur as a shareholder is limited to the amount unpaid in respect of any shares held by a foreign investor [NV] in the capital of the company, and
• should a foreign investor wish to divest itself of its interest, it will find that it is relatively easy to transfer shares in a private company.
Incorporating a limited liability company
The procedure and requirements for incorporating a private and a public limited liability company are essentially the same. These requirements include the following:
• The company must have a minimum of 2 shareholders (who may be individuals or corporate entities). With limited exceptions, companies in Nigeria may be 100% foreign owned. For example, in order for an oil and gas company to enjoy competitive advantage in the award of contracts in the oil and gas industry, at least 51% of the shares of that company must be owned by Nigerians. The initial subscribers must, between them, subscribe for at least 25% of the authorised share capital of the company;
• The company must have a minimum of 2 directors (who may also be the shareholders of the company, and may each be foreign nationals)
• The company must have a registered office
• The proposed company name must be approved by the Corporate Affairs Commission (“CAC”) – Nigeria’s Companies’ Registry
• An indication of the nature of the business to be carried on by the company must be contained in the Memorandum and Articles of Association of the company, and
• A private limited liability company has a minimum authorised share capital of =N=10,000.00; a public limited liability company has a minimum authorised share capital of =N=500,000.00. This distinction is, however, irrelevant in the case of companies with foreign equity participation because such companies are required to have a minimum share capital of =N=10,000,000.00 (ten million Naira) regardless of whether the company is private or public.
The statutory fees payable to incorporate a company in Nigeria would be dependent on the authorised share capital of the company. For instance, where the authorised share capital of the company is =N=10 million the statutory fees payable would be =N=168,500.00 (approx. $1,085.41 at the CBN’s current exchange rate of =N=155.24 to =N=1.00).
Foreign investment approvals
Where a company has foreign shareholders, the company will require certain foreign investment approvals. These are:
Business Registration: All companies with foreign participation in their capital structure are required to register with the Nigerian Investments Promotion Commission after they are incorporated, and obtain a Certificate of Registration of Company with Foreign Participation. This is a fairly straightforward process and registration can be achieved within 3 days. An official fee of =N=15,000.00 is payable to the NIPC for the issuance of this certificate.
Business Permit: Companies with foreign shareholders are also required to obtain a certificate called a “business permit” from the Federal Ministry of the Interior (“FMI”) before they are permitted to carry on business in Nigeria. In order to obtain the business permit, the company will need to, amongst other things, provide evidence that it has invested in the Nigerian company either through cash and/or equipment. This evidence will usually be in the form of a Certificate of Capital Importation which is discussed below.
Certificate of Capital Importation: Nigeria’s foreign exchange regulations require that foreign investors must, if they wish to have access to the official foreign exchange markets for the purpose of remitting their dividends, interest or capital, obtain what is called a Certificate of Capital Importation (“CCI”) as evidence that their investment has been brought into Nigeria.
CCIs are issued by Authorised Dealers (i.e. banks licensed by the Central Bank of Nigeria to deal in foreign exchange) through which the funds are remitted into Nigeria and state, on their face, the purpose for which the moneys were brought in and the amount of the investment.
Once obtained, a CCI permits the foreign investor to access the official foreign exchange market to purchase foreign exchange to remit its dividends, or to repatriate its capital in the event of the partial or complete sale of its investment. A CCI can be obtained within 24 – 48 hours after the investor has brought its foreign investment capital into Nigeria through an Authorised Dealer.
Employment of foreign employees in Nigeria
Expatriate Quota Approvals: Where a company intends to employ expatriates, it must apply for expatriate quota positions for the relevant number of expatriate personnel it intends to employ. This approval is granted by the Federal Ministry of the Interior and it is the authorisation that sets out the maximum number of expatriates that a Nigerian company may employ. There is no restriction on the number of quota positions that may be applied for; however, the number of quota positions that will be granted is at the discretion of the Minister of the Interior. The applicant company is, amongst other things, required to have an authorised share capital of at least =N=10,000,000.00 (ten million Naira).
Expatriate quotas are usually granted for a period of 2 years and may be renewed up to 5 times or for a period not exceeding 10 years in exceptional circumstances. The Federal Government of Nigeria has a policy of encouraging the employment and training of Nigerians and, therefore, the renewal of a quota position is normally dependent on showing that at least 2 (two) Nigerian employees have been appointed to understudy the expatriate.
Residents Permits and Visas: After the grant of the expatriate quota positions, the expatriates will each be required to apply for residence permits, in order for them to reside and work in Nigeria. Expatriates can be accompanied by their families and dependant applications will be submitted on their behalf.
Tax Registrations
All local companies are required to be registered with the relevant tax authorities for tax purposes. After incorporation, the company makes an application to the relevant tax office requesting the issuance of a Tax Identification Number (TIN), a Tax Clearance Certificate (TCC) and VAT registration.
The taxes payable by local companies include:
• Companies Income Tax levied at the rate of 30% on the profits of all Nigerian companies (excluding certain tax-exempt companies and companies engaged in the exploration for or production of petroleum)
• Education Tax at the rate of 2% of corporate profits as assessed under the Companies Income Tax Act (“CITA”)
• Stamp Duties imposed at different rates on most legal documents
• Value Added Tax at a flat rate of 5% on the supply of a wide range of goods and services
• Capital Gains Tax (CGT) levied at the rate of 10% on any gains from the disposal of assets. This tax is not payable where the money is used to acquire replacement assets within a twelve month period before or after the disposal ( note that in Nigeria, there is no CGT on the disposal of shares)
• Withholding Tax ranging from 5% (for construction and agency arrangements) to 10% (for dividend, interest and rent).
A company that employs staff is also required to:
• make a monthly deduction of 2.5% of each employee’s basic salary payable to the National Housing Fund
• make monthly contributions to a mandatory pension scheme (contributions are made by the employer and the employee), if it has 5 or more employees
• register with the Nigeria Social Insurance Trust Fund and contribute a minimum of 1% of its total monthly payroll into the employees’ compensation fund, and
• make a contribution of 1% of payroll costs to the Industrial Training Fund if it has 25 or more employees.
Tax Incentives
There are several investment incentives available to investors in Nigeria which are aimed at reducing their tax liabilities.
• The Pioneer Status scheme established by the Industrial Development (Income Tax Relief) Act grants companies, operating in certain industries, that have a minimum expenditure of =N=50,000.00 (in the case of companies controlled by Nigeria indigenes) or =N=150,000.00 (in the case of any other company) a non-renewable tax holiday exempting the company from the obligation to pay corporate income and education tax, and the obligation to withhold tax on dividends for 5 years.
• Manufacturers and purchasers of local plant and machinery are entitled to an Investment Credit of 25% (for plant) and 15% (for machinery) – convertible to an Investment Allowance (“IA”).
• A company that is replacing plant and machinery is permitted to take a Capital Allowance of 95% of the qualifying expenditure in the first year with 5% retention as the book value until disposal. In addition, the CITA permits the company to claim an IA of 15% of the qualifying expenditure made in respect of the replaced assets.
• An industry engaged in research and development is allowed to deduct up to 120% of costs incurred and up to 140% of the cost if local materials are used.
• Capital Gains Tax is not charged in respect of gains from the sale of shares and stocks.
• The interest payable in respect of a loan granted to a Nigerian company by a foreign company may be exempt from tax, depending on the tenor of the loan and the moratorium granted. Applicable tax exemptions for loans are as follows:
Repayment Period including moratorium Grace Period Tax Exemption
More than 7 years Not less than 2 years 100%
5-7 years Not less than 18 months 70%
2-4 years Not less than 12 months 40%
Less than 2 years Nil Nil
Additional incentives are also granted in respect of investments in certain sectors such as the oil and gas, power, and agricultural sectors.
For example, where a company operating in the oil and gas sector utilises Nigeria’s natural gas resources, the incentives that are available include a tax holiday for an initial period of 3 years, which is renewable for an additional 2 years..
In the power sector, all areas of investment are considered to be pioneer and would, therefore, qualify for the grant of pioneer status.
In relation to agriculture, any company carrying out agricultural activities is entitled to an exemption from the provisions of section 28A of CITA which imposes a minimum tax on all companies regardless of whether or not they make a profit.
Other key matters to consider
In Nigeria, there are certain sectors which require special licenses to carry on business in those sectors. These include the telecommunications, banking, capital markets, insurance and the oil and gas sectors.
Agreements that provide for the transfer of foreign technology to Nigerian companies are required to be registered with the National Office for Technology Acquisition and Promotion (“NOTAP”) within 60 days of the execution of the agreement.
Conclusion
It is possible that the applicable laws relevant to the incorporation of companies may be revised or changed. We would, therefore, recommend that detailed legal advice should be sought and obtained in order to ensure that the information set out herein is up-to-date and/or applicable to your circumstances.
This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document

The MCO shall require the area specified in an application for a lease to be surveyed before granting a lease.
f) A Water Use Permit:
A Water Use Permit confers on its holder, the right to obtain and use water for its exploration and mining operations.
Qualified Applicants
4.2.1 A qualified applicant for a Reconnaissance Permit, an Exploration Lease, a Small Scale Mining Lease and a Quarry Lease shall be-
a. A citizen of Nigeria with legal capacity and who has not been convicted of a criminal offence; or
b. A body corporate duly incorporated under the Companies and Allied Matters Act; or
c. A Mining Co-operative.5
Provided that:
For an Exploration Lease Applicant, such applicant could also be theholder of a Reconnaissance Permit granted in respect of the area subject to the application, who has fulfilled all the conditions attached to the Reconnaissance Permit.6
ii. For a Small Scale Mining Lease -such applicant could be the holder of an Exploration Lease granted in respect of the area subject to the application, who has fulfilled all the conditions attached to the Exploration.7
iii. For a Quarry Lease Applicant, such applicant could also be a person extracting construction materials for the construction of roads, railway lines, dams and other engineering works or structures of public interest.8
4.2.2 For a Mining Lease, a qualified applicant must be a body corporate duly incorporated under the Companies and Allied Matters Act or other legal entity that-
i. Has demonstrated under conditions stated in the regulations that a commercial quantity of mineral resources exists in the area in respect of which the application is made; and
ii. Has fulfilled all the conditions attached to the Exploration License in respect of the area subject to the application.9
4.2.3 A qualified applicant for a Water Use Permit is –
The Holder of an Exploration Lease, Mining Lease or Quarry Lease subsisting at the time the water right granted will be used, or an applicant for a Mining Lease, Small Scale Mining Lease or Quarry Lease for which the water right will be required to be used.10
4.3 The Mining Cadastre Office shall not grant a mineral title under the Act to an applicant if it is shown that within a period of five years before the date of the application a shareholder holding a controlling share of the applicant has been convicted of an offence under the Act. Furthermore, an applicant for mineral title must satisfy the MCO among other things that it has sufficient working capital for the exploration or mining of the area applied for and possesses technical competence to carry on the proposed operation as prescribed in the Regulations under the Act.
5. Mining Incentives
Any company or enterprise engaged in mining operations shall be entitled in determining its total profits, to deduct from its assessable profits a capital allowance of ninety-five per cent of Qualifying Capital Expenditure incurred in the year in which the investment is incurred. All operators in the mining industry shall be granted the following benefits: exemption from payment of customs and import duties in respect of plant, machinery, equipment and accessories imported specifically and exclusively for mining operations subject to their inspection and approval by the Mines Inspectorate Director; expatriate quota and residence permit in respect of the approved expatriate personnel; and personal remittance quota for expatriate personnel, free from any tax imposed by any enactment for the transfer of external currency out of Nigeria.11 A holder of a mineral title may be permitted by the Central Bank of Nigeria to enjoy free transferability of funds and retain in a foreign exchange domiciliary account a portion of his foreign exchange earnings for use in acquiring spare parts and other inputs required for the mining operations which would otherwise not be readily available without the use of such earnings. Any company granted mineral title under the Act shall enjoy a three year tax relief period commencing on the date of operation which may be extended by the Minister for one further period of two years under certain circumstances.
The provisions of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act12 and the Nigerian Investment Promotion Commission Act13 also apply to any investment in foreign currency made in respect of any mineral title granted under the Act. Companies engaged in the exploitation of mineral resources shall establish a tax deductible reserve for environmental protection, mine rehabilitation, reclamation and mine closure costs. However, the appropriateness of the reserve must be certified by an independent qualified person taking into account the determination made under the provisions of the Act.14
6. POSSESSION AND PURCHASE OF MINERALS
With the exception of bona fide specimens of mineralogical, geological or educational interest or the receipt by an employer of minerals from his tributers, unless mineral is won from a mineral title area of which a person is the holder or is permitted to possess or purchase such mineral and also entitled to explore and exploit the minerals, no person other than an officer of the Ministry authorized in that behalf by the Minister and acting in the execution of his duty shall possess any Mineral. In addition, no person shall purchase any mineral unless he holds a license to purchase minerals issued under the Act.
This chapter also provides for the establishment of a Minerals Buying Centre also for the purpose of receiving proceeds recovered under a small scale mining Lease and issue valid sales receipts.
7. ENVIRONMENTAL CONSIDERATIONS AND RIGHTS OF HOST COMMUNITIES
This chapter provides for the winning of materials [such as salt, soda, potash or galena] by host communities in relation to areas covered by mining leases; prohibition of mineral exploration in certain areas; reservation of rights of owner or occupier; payment of surface rents; assessment of various compensations and payment of same; restoration of mines land; reclamation; Community Development Agreements; Environmental obligations to include preparation and submission of environmental impact assessment statements and participation in the environmental protection and rehabilitation program.15
The Minister shall establish an Environmental Protection and Rehabilitation Fund for the purpose of guaranteeing the environmental obligations of Holders of Mineral titles as provided under the Act. The trustees appointed by the Minister shall operate the fund in accordance with the provisions of the Trustees Investment Act or amendments thereof.16
This section prohibits pollution of water course, alterations in water supply and provides that everyone who uses water in connection with mining operation shall ensure that the water in use does not contain injurious substances in quantities likely to prove detrimental to animal or vegetable life. Also, no person shall, in the course of Exploration or mining, carry out operations, in or under any area held to be sacred or permit injury or destruction of any tree or other thing which is the object of veneration.
8. OFFENCES AND PENALTIES
This chapter provides for penalties to offences including [illegal mining, false and misleading statements in applications for mineral title, false or non-declaration of important information, smuggling of minerals, use of false or fraudulent scales, misrepresentation and unlawful interference or obstruction].
Regarding dispute resolution, any dispute arising between the holder of a mineral title and the Government in respect of the interpretation and application of the Act, its regulations and the terms and conditions of mineral titles shall be resolved, in the first instance, on an amicable basis. Where the dispute is in the nature of a bona fide investment dispute, and such dispute is not amicably settled as stated above, it shall be resolved in accordance with the provisions of the Nigerian Investment Promotions Act. Any other dispute not settled within these parameters and any offence under the Act and regulations shall be resolved and tried in the Federal High Court.
9. CONCLUDING REMARKS
The Minerals and Mining Act 2007, provides a useful framework for the exploration and exploitation of minerals in Nigeria. The robust provisions in relation to local community relationships, should also serve as a useful framework for the oil and gas sector, which has over the years witnessed a fraught relationship between the local community and the oil and gas companies.

@A. Adefulu @Diamond Practice +2348098609580