Requirements for Registration of Incorporated Trustees (NGOs, Associations, Foundations, Clubs)

Unlike business name and company registrations, registration of Incorporated Trustees (IT) is in a class of its own. This is because Incorporated Trustees are non-profit organisations (NGOs) and often end with Associations, Clubs etc. Since the coming into place of the CAC’s Company’s Registration Portal (CRP), the procedure for registration has become really simplified and less time-wasting. ITs are often registered for religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose. 

1 - Proposed Names

As in business name and company registration, you must provide proposed names. But unlike the former, Incorporated Trustees now allows for 4 proposed names. This is because the cost of reserving a name for IT registration is ten times more than that for reserving a business name or company. Application for Reservation of name for registration of an IT is called an application for consent to register the association with the CAC. And unlike Business name and Company, you must provide all the details for the registration at the point of name reservation application. The new CRP procedure has done away with the need for a formal application letter to the Registrar General of CAC.

2 - Aims & Objects 

The aims and objectives of the IT must be included in the application for name search. The aims must be couched in such a way that they reflect the r non-profit nature of the Association. The aims and objects of the association must be for the advancement of any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose. An IT is not expected to do business, so any object that is framed to look like a business will not be accepted.

3 - Registered Address, Phone Number and Email 

The IT must have an address in Nigeria. They are considered to be domiciliary. You must also supply the IT’s phone number and email.

4 - Particulars of the Trustees

This requirement is at the heart of the registration. The trustees are the reason why this type of registrations is called Incorporated Trustees. Under IT registrations, you incorporate the individuals known as the trustees, not the association itself. That is why after registration, the legal title of the Association is called “The Incorporated Trustees of .... (name of the association)”. A minimum of two trustees is required for IT registration. The particulars required for the registration of the trustees are:

1. Full names, as it appears on their valid ID cards
2. Service Address – this is usually the registered business address
3. Residential Address 
4. Personal Email – this could also double as the business email
5. Phone number – if you have more than one, you can use one for the business address, and the other as your personal phone number
6. Occupation 
7. Date of Birth
8. Valid ID card (PVC, National ID, Int’l Passport, NIN, Driver’s Licence)
9. Passport photographs

5 - Particulars of the Chairman and Secretary

You are expected to provide the particulars of the chairman and secretary of the association. The particulars are the same as that for the trustees. If any of the trustees doubles as either the chairman or secretary, you will be expected to indicate so. 

6 - List of Members of the Association

Two persons cannot promote an IT. You need more than two persons. Just two names will not suffice for the registration of an IT. If there are two trustees, then you would need at least one more member to make it up to 3 members. If there are 3 trustees, then you would need at least one other member to make it up to 4 members, and so on. This is very important for the Extracts of Minutes. If the same number of trustees makes up the list of members of the Association, it will not be registered. 

7 - Extract of the Minutes 

This must be prepared on the Association’s letterhead and must show the list of members present at the meeting. Furthermore, it must state that the trustees and executives were appointed at the meeting and the voting pattern for the appointment. It must also state the adoption of the special clause rules. Then, it must be signed by the chairman and secretary of the association. See an example here.

 

8 – Publications

This is very compulsory, and it sets IT registration apart from other types of registrations. After consent and name approval, you must publish the intention to register the association in two daily newspapers. The publication must contain the name of the association, full names of the trustees, aims of the association. The publication lengthens the period of IT registrations as it calls on the public to register any objection to the registration of the association within 28 days. You can see a format for the publication here.

9 - Incorporated trustees declaration form

This is a statutory form that will be signed by the trustees and sworn by the trustees before a commissioner for oaths or notary public. It is the final piece of the registration. See what it looks like here. 

10 - Registration Fees 

Last, but not the least, you must pay for the registration. Often times, this is the first thing that everyone seeking to register a business considers. This is trite, because it will help you to be fully prepared for the registration. Note that the more the number of shares that you are registering, the more the filing fees. 

Articles on this site are meant for general knowledge only, not as professional advice. If you need personal advice on matters contained herein, you are advised to contact a professional.

We are a firm of legal practitioners and CAC certified agents. We help business owners, entrepreneurs and associations register their businesses, companies and associations with ease. If you need our help with any of the matters contained in the article, feel free to send us a mail at niyiama@yahoo.com or reach us on WhatsApp @ +234-08126194751.