Corporate Affairs Commission right to deny or approve a name: Matters arising

Introduction

Corporate affairs Commission is the government body that is saddled with the responsibility of establishing and maintaining companies’ registry and offices in all the states of the Federation suitably and adequately equipped to discharge its functions under the Act or any law in respect of which it is charged with the responsibility.
One of the  procedures that must be followed before a business name or a company can be registered is reservation of name.
The person that wants to register will reserve the name. However the corporate affairs commission can refuse to reserve a name or register a company based on certain

Reasons for Refusal of Registration by Corporate Affairs Commission

CAC can refuse to register a company or an association if

• is identical with that by which a company or limited liability partnership in existence is already registered, or so nearly resembles that name as to be calculated to deceive, except where the company or limited liability partnership in existence is in the course of being dissolved and signifies its consent in such manner as the Commission requires;

• contains the words “Chamber of Commerce” unless it is a company limited by guarantee;

• in the opinion of the Commission, is capable of misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy;

• in the opinion of the Commission, would violate or conflict with any existing trademark or business name registered in Nigeria or body corporate formed under this Act unless the consent of the owner of the trademark, business name or trustees of the body corporate has been obtained;

• contains any word which, in the opinion of the Commission is likely to mislead the public as to the nationality, race or religion of the persons by whom the business is wholly or mainly owned or controlled;

• is, in the opinion of the Commission, deceptive or objectionable in that it contains a reference or suggests association with any practice, institution, personage, foreign state or government, international organisation or international brand or is otherwise unsuitable; or

• is capable of undermining public peace and national security.
Any registration falls into any of the following will not be registered by CAC

Conclusion
The corporate affairs commission is empowered  by the law to refuse registration of a company  This was what happened in the recent news that was on the social media where CAC refused to register ” wicked association ”
It should however be noted that, CAC can be sued if they refuse to register a company without a valid reason in law. Company registration is done by accredited agents of CAC.

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