Who is a promoter?

Who is a promoter?

March 26, 2019

A promoter is a person who stands in a fiduciary relationship to a company and takes necessary steps such as raising capital, arranging for directors of the company, placing of shares and negotiating preliminary agreements in order to form a company and set it going. A person can be a promoter after a company is incorporated.

A promoter is not entitled to the recovery of any money or sum spent during the formation of the company including registration fees, capital fees or any preliminary expenses except there is a valid agreement that expressly states the remuneration of the promoter and recovery of money spent. In fact in practice, promoters get paid. A promoter may or may not be a director of the company.

FUNCTIONS OF A PROMOTER

  • To explore the possibilities of forming a company
  • To conduct the preliminary negotiations
  • To bring together the shareholders/subscribers of the MEMART and arrange directors
  • To assist or decide the structure, name, location and other important parts of the company
  • To ensure the registration of the company with the corporate affairs commission e.t.c
  • To aid the floating off of the company’s capital

 

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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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  • 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. 

  • Why is mutual assent important in a contract?

    This is one of the key elements of a contract because is shows the meeting of the minds of both parties

  • If I have NAFDAC Registration number, do I still need SON registration number?

    SON Product Registration scheme is mandatory for all SON’s regulated products as mandated by SON Act 56 of 1971, 20 of 1984, 18 of 1990 as amended.

    This is irrespective of the registration done by NAFDAC

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  • 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.

  • How long does a trademark registration in Nigeria Last?

    Trademark is valid for seven years from the date of application but you may renew the application for the trademark for an additional period of 14years.

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