How can i get my foreign company to operate in Nigeria without registering it?
To operate a foreign company in Nigeria without registering, you need to apply to the President for exemption from registration. Note that a foreign company qualifies for an exemption if the foreign company belongs to one of the following categories;
(a) foreign companies (other than engineering consultants and technical experts engaged on any individual specialist project under contract with any of the governments in the Federation or any of their agencies or with any other body or person, where such contract has been approved by the Federal Government) invited to Nigeria by or with the approval of the Federal Government to execute any specified individual project;
(b) foreign companies which are in Nigeria for the execution of specific individual loan projects on behalf of a donor country or international organization;
(c) foreign government‐owned companies engaged solely in export promotion activities; and
(d) engineering consultants and technical experts engaged on any individual specialist project under contract with any of the governments in the Federation or any of their agencies or with any other body or person, where such contract has been approved by the Federal Government.
The application for exemption will be in writing addressed to the Secretary to the
Government of the Federation, stating;
(a) the name and place of business of the foreign company outside Nigeria;
(b) the name and place of business or the proposed name and place of business of the foreign company in Nigeria;
(c) the name and address of each director, partner or other principal officer of the foreign company;
(d) a certified copy of the charter, statutes, or memorandum and articles of association of the company, or other instrument constituting or defining the constitution of the company and if the instrument is not written in the english language, a certified translation thereof;
(e) the names and addresses of some one or more persons resident in Nigeria authorized to accept on behalf of the foreign company services of process and any notices required to be served on the company;
(f) the business or proposed business in Nigeria of the foreign company and the duration of such business;
(g) particulars of any project previously carried out by the company as an exempted foreign company; and
(h) such other particulars as may be required by the Secretary to the Federal Government.
Where the President upon the receipt of an application for exemption is of the opinion that the circumstances are such as to render it expedient that such an exemption should be granted, the President may, subject to such conditions as he may prescribe, exempt the foreign company from registration.
The exemption will specify the period or, as the case may be, the project or series of projects, for which it is granted and shall lapse at the end of such period or upon the completion of such project or series of projects.
The President may at any time revoke any exemption granted to any company if it is of the opinion that the company has contravened any provision of this Act or has failed to fulfill any condition contained in the exemption order or for any other good or sufficient reason.
The President shall cause to be published in the Gazette the name of any company to which an exemption has been granted and the period or, as the case may be, the project or series of projects for which the exemption is granted, or whose exemption has been revoked and the effective date of such revocation.
Reference S. 56 CAMA
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