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Company LawStarting & Operating a Business

Types of Business Entities – Partnership

For a partnership*, its strength also happens to be its weakness. “Sharing” is a double edged sword that is able to make or wreck a partnership.  As each partner is seen before the law to be an agent of the partnership and the other partners, there is a weightier implication of shared responsibility and you […]...
Company LawStarting & Operating a Business

Types of Business Entities – The Business Name

Other than the obvious personal liability issues, which leave the founder(s) of a business name exposed, an important consideration in choosing a Business Name is whether the entrepreneur intends taking OPM (other people’s money) into their business. Particularly if these other people are institutions. No institution worth its salt would put money in an entity […]...
Company LawCorporate GovernanceFamily LawStarting & Operating a BusinessWills and Estates

Can a Director of a private company be appointed by a Will?

Mr Arrowhead, a very prominent Nigerian suffered a stroke and was flown abroad where he received medical attention for several months. Unfortunately, he died abroad and his body was flown back to the country for burial which was celebrated in grand style. Although Mr Arrowhead left a will, there was serious contention among family members […]...
Company LawCorporate GovernanceStarting & Operating a Business

How to appoint a director

Who is a director? The Companies and Allied Matters Act (CAMA) defines directors as “persons duly appointed by the company to direct and manage the business of the company”. It further describes directors to “include any person occupying the position of director by whatever name he may be called and includes any person in accordance […]...
ContractsStarting & Operating a Business
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Before you sign that document

Generally, all oral contracts for sale of land are prohibited and where such contract exists, it will not be enforceable. The reason for this is because of the provisions of the Statute of Fraud 1677 which requires that there must be some memorandum or notes in writing in respect of contract for sale of land, […]...
ContractsInvestments & FinancingStarting & Operating a Business
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What you should know before signing a contract

  A contract is defined by L.B Curzon’s “A Dictionary of Law” to be a legally binding agreement. In other words, it is an agreement between 2 or more parties which the law/court will honour. For instance, a building contract, an employment contract or a loan agreement and so on. For a contract to be […]...
ContractsEmploymentStarting & Operating a Business

Do you have a Contract of Employment?

There are a lot of people reading this post, answering “No” to the above question. Next is thinking asking why you don’t have one in the first place and wondering if you are even entitled to one?   Personally, I have met workers who informed me that though they were engaged in various forms of […]...
ContractsStarting & Operating a BusinessTaxation

Why you should pay your tax

Tax evasion is a big deal in many countries, the United States and the United Kingdom are one of such countries and examples are made out of tax offenders in a bid to discourage others from following in those footsteps.   Taxes are used to improve infrastructures and state facilities in a bid to provide […]...
Landlord-tenant

Evicting tenants through self-help

A client once complained to me about a belligerent tenant who despite owing arrears of rent had refused to vacate the premises. My Client wanted to let the premises to someone else who was ready to pay and asked how he could get the tenant out in two months. This is rather an unfortunate situation […]...
Company LawCorporate GovernanceStarting & Operating a Business
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Documents needed to start a business -Shareholders Agreement

Whilst your MEMART would contain general provisions with regard to the object of the company and its corporate governance structure, a Shareholders Agreement goes further to govern the relationship among the shareholders, and between the shareholders and the company itself. A standard shareholders agreement would have clauses relating to the disposal or transfer of shares […]...
Company LawInformation TechnologyStarting & Operating a Business
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Documents needed to start a business -Terms of Service

You know that long epistle you typically skip reading and just check the “I Accept” box? You also should have one, especially if you run a business where you collect information from people, which around these parts is often the case as there is almost always an e-commerce or registration angle to most internet/tech startups. […]...
ContractsEmploymentStarting & Operating a Business
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Documents needed to start a business -Employment Agreement or Offer Contracts

As the name implies, this is the letter with which the startup employs employees, or the offer contract with which it engages other “workers” who may not necessarily be employees, e.g. consultants, interns, contract staff etc. These letters must be carefully worded to ensure that the statutory rights and benefits applicable to each class of […]...