What is a restricted name?

What is a restricted name?

July 23, 2019

A restricted name is a name that requires the consent of the Corporate Affairs Commission before it can be used.

According to Section 30(2) CAMA restricted names include the following;

  • “Federal”, “National”, “Regional”, “State”, “Government”: These names suggest that the entity to be registered enjoys government patronage and as such the entity must seek and obtain the consent of the commission before they proceed to register.
  • “Municipal”: This name suggests connection with a local authority and as such consent must be sought and obtained before such entity is registered.
  • “Co-operative”, “Building society”, “Group” or “holding”: These names suggest connection with already existing entities and such must be proven and the consent of the commission obtained.

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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.

 

 

 

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Frequently Asked

  • When are Annual Returns due for filing?

    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.

  • 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. 

  • What are the terms of a contract?
    • an offer and an acceptance.
    • competent parties
    • Consideration
    • Legal subject matter
    • Mutual agreement/ Assent
    • Conesus ad idem
    • Obligation
  • What are the penalties for not registering my products with the SON?
      1. Seizure of goods by the Inspectorate and Compliance Directorate
      2. Payment of a fine.
      3. Prosecution

     

  • What is personal data?

    This is any information that can be used to identify an identifiable human person such passport photograph.

  • Can industrial design be protected under copy right law?

    Yes, it can be protected under copyright law as a work of Art.

  • What will happen if I buy the wrong category of forms with NAFDAC?

    Nothing, the purchased form will be in your account for future use.

     

  • Who can be directors in my company?

    Any two adults can be directors in a company.

  • Does Trademark registration protect my website domain name?

    Yes, it does.

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