What ADR Is Not: Addressing Common ADR Misconceptions
Campfires Law Firm | 9th May, 2024
Despite its potential benefits, ADR encounters lukewarm reception and limited uptake in Nigeria. This tepid response stems largely from misconceptions surrounding its efficacy and applicability. This article highlights these misconceptions and endeavors to dispel them, with the aim of creating a path toward embracing ADR more wholeheartedly.
Sanofi v. Sanofi: A Case for Trademark Superiority
Campfires Law Firm | 30th April, 2024
On the 13th of August, 2023, the Federal High Court in Abuja, presided over by Justice James Omotosho, ruled on a case concerning the unauthorised use of the “Sanofi” trademark by three Nigerian companies registered with the Corporate Affairs Commission (referred to as “CAC” or “the Commission”). Justice Omotosho ordered the cancellation of the registration and use of the “Sanofi” trademark by these Nigerian companies, namely Sanofi Integrated Services Ltd, Sanofi Nigeria Enterprises Limited, and Sanofi Nigeria Enterprise, deeming their use unlawful.
Step-by-Step Guide to Registering a Group of Companies in Nigeria
Campfires Law Firm | 23rd February, 2024
A ‘Group of Companies’ [or simply ‘Group
Company’], as the term ay suggest, constitutes multiple business entities under a single umbrella. However, because the term alone may be misleading, it is important to clarify that mere ownership of multiple companies does not automatically qualify them as a ‘Group’. The CAMA regulates the use of the term ‘Group’ in company names. It is, in fact, unlawful and illegal to incorporate ‘Group’ into a company name without prior consent from the Registrar General of the Corporate Affairs Commission [CAC – “the Commission”] and without registration as such.
Understanding the Minimum Share Capital Requirement for Company Registration and Business Operations in Nigeria
Campfires Law Firm | 16th February, 2024
Aspiring entrepreneurs and existing businesses alike must understand the intricacies of share capital requirements to ensure compliance with regulatory standards and facilitate smooth business operations. This article sheds light on the significance of minimum share capital in the Nigerian business landscape, providing clarity and guidance for individuals and companies venturing into entrepreneurship or expanding their business horizons. It further outlines share capital threshold applicable to certain companies in particular industries.
Essential Components of Tenancy Agreements in Nigeria
Campfires Law Firm | 24th October, 2023
Real estate stands as one of the oldest and most
lucrative industries, where property ownership and rental are integral aspects
of investment. Despite its long-term nature, this form of investment often
becomes a source of disputes, varying opinions, and legal conflicts, primarily
arising from the absence or improper execution of a tenancy agreement. On other
occasions, the agreement itself may be inadequate and fraught with legal
complexities.
Registration of Trademarks in Nigeria
Campfires Law Firm | 1st September, 2023
The law governing trademark registration in Nigeria are the Trade Marks Act, 2004, the Trademarks Regulations, 2004, and the Business Facilitation (Miscellaneous Provisions) Act, 2022. A trademark is only efficient when protected, and the protection begins with its registration at the Trademark Registry. To register a trademark in Nigeria, therefore, the following are required…
Overview of the Register of Persons with Significant Control
Campfires Law Firm | 29th August, 2023
The Nigerian government, through the Corporate Affairs Commission, introduced the Open Central Register of Persons with Significant Control [the “PSC Register”], also known as Beneficial Ownership Register, on the 25th of May, 2023. The PSC Register is a public register that reflects the true ownership and control of companies and Limited Liability Partnerships [LLPs] in Nigeria and is accessible electronically on the company registration portal of the Commission.
When a Corporate Entity Recovers its Debt: An Additional Requirement
Campfires Law Firm | 21st August, 2023
In an article published three months ago, we explored debt recovery and the important considerations a creditor must keep in mind when attempting to recover a debt in Nigeria. It is not surprising that all these considerations revolve around taking legal action, as the Court has become the final option for debt recovery in the country. If the creditor is a company or a corporate entity, there is an additional requirement that the company’s top officials should consider fulfilling.
Shareholders' Agreement: Why it is Important
Campfires Law Firm | 21st August, 2023
Just forming a company isn’t sufficient, especially when the founders expect a promising future. Just being incorporated doesn’t completely safeguard the owners’ (“shareholders”) rights. Even the company’s incorporation documents, like the Articles of Association, can lead to different shareholder expectations and need clarification on how shareholders relate to each other and to the company. This is where a Shareholders’ Agreement becomes important.
The New Trademark Regime: Impact and How Far it Goes
Campfires Law Firm | 8th August, 2023
The Nigerian commercial ecosystem has often been criticised for its lack of ease for businesses, despite the existence of business-friendly policies and recent corporate/commercial laws. However, the Business Facilitation (Miscellaneous Provisions) Act, 2022, which came into effect on February 8, 2023, aims to address this issue and improve on existing business laws in Nigeria, including trademark law…
Filing Annual Returns in Nigeria: All You Need to Know
Campfires Law Firm | 8th August, 2023
An annual return represents the total earnings of an organisation over a year, considering all expenses incurred. It reflects the return on investments, objects, or activities during a specific financial year. The primary purpose for assessing and preparing annual returns is to assess and evaluate the organisation’s performance over a 12-month period.
Distinctiveness as the Criterion for Trademark Registration in Nigeria
Campfires Law Firm | 6th May, 2023
Nothing is more important in business than developing a distinct identity and generating revenue from the selling of goods or services [“products”]. This is why the importance of trademarks for cannot be overstated. For starters, trademark refers to a number of distinct identifiers, including trade names, product names, individual names, domain names, words, signatures, phrases, logos, symbols, colours…
Recovery of Debt in Nigeria: What Legal Considerations Should Be Kept in Mind?
Campfires Law Firm | 6th May, 2023
Debt recovery has become commonplace in both social and business contexts. Whether due to an unpaid loan, a breached obligation to pay for services or goods, or failure to deliver on a contract, anyone – regardless of social or economic standing – can become a debtor. Debt can refer to a principal sum, interest or installment [or both principal sum and interest]…
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