Can a child be a director of a company?

Can a child be a director of a company?

July 23, 2019

Clients interested in the incorporation of limited liability companies often ask this question, below are definitions of the terms “Child” and “Director” and the position of the law for better clarifications and to enable us understand the position of CAMA as it regards this topic.

Who is a child?

A child is a person who is below the legal age of maturity. A child is also known as a minor. The legal age of maturity as it relates to being a company director is 18years.

Who is a Director?

A director is a very important part of a company. A director is said to be an alter ego of the company and a governor in charge of the affairs of a company. This important role cannot most likely be handled by a child or minor.

According to CAMA, every company must have at least 2 directors and CAMA further sets down disqualification for the position of a director:

  1. Persons under the age of 18 years old,
  2. Persons who are insolvent or bankrupt, persons who are fraudulent,
  3. Persons of unsound mind,
  4. Also, any person that is 70 years old and above can only be appointed or re-appointed as a Director of a public company in Nigeria if he/she informs the shareholders of the company, at an Annual General Meeting of the company of the fact that he or she is now 70 years old or more than 70 years old.

Note that a child can only be a director if there are two or more other adult directors.

For further inquiries;

www.618bees.com

info.618bees.com

012803791

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer.

This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

 

Lucklyn Audu

Team 618 bees

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    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

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    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

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  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

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