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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Frequently Asked

  • Why must I file Annual Returns?

    It is a mandatory statutory requirement under the Companies and Allied Matters Act to file Annual Returns yearly. 
  • 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
  • Is there a penalty for late renewal of registration of products with NAFDAC?

    Yes, there is a late renewal fee, which is dependent on the category of the product.
  • What is personal data?

    This is any information that can be used to identify an identifiable human person such passport photograph.
  • What is the importance of registering a patent?

    The main reason to register a patent is to ensure that the inventor is able to exclusively commercially exploit an invention. The rights to a patent are vested in the “Statutory Inventor” i.e. the first person to file and register the patent.
  • Do I have to physically drop off my product sample at NAFDAC office?

    No, you can choose to have it sent to NAFDAC office
  • Can a minor be a company director?

    No, a minor cannot be a director. A minor under Nigerian Law is anyone who is below 18 years of age.
  • What do I need for a trademark search in Nigeria?

    To do a trademark search you will need the name or/and logo (device) of the trademark to be searched and the Class of the trademark that accurately describes it.
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