INTRO

In Nigeria, Incorporated Trustees are registered under Part C of the Companies and Allied Matters Act (CAMA), 2020. This provides a legal framework for religious, educational, literary, scientific, social, cultural, sporting, and charitable organizations to incorporate and operate as an NGO; a Non-Governmental Organization.

So, if your interest is in founding a society, club, association, church, mosque, forum, union, etc with the aim of enhancing others’ lives, then having an Incorporated Trustee is the way to go. 

WHY AN INCORPORATED TRUSTEE?

Incorporated Trustees play a crucial role in managing and protecting the interests of nonprofit and charitable organizations. By providing a legal structure that ensures continuity, limited liability, and regulatory oversight, incorporated trustees help organizations effectively pursue their missions while safeguarding assets and resources.

BENEFITS OF AN IT INCORPORATION

An IT can operate without a CAC incorporation. However, it has a better chance to maximally achieve its goals by legalizing its operation, as there are a host of benefits which are pretty much the same as any registered entity. The benefits are that as a corporate body that has a legal personality, it:

• Can own assets in its name
• Can sue and be sued
• Has perpetual succession; that is, it can outlive its founders
• and can have access to funds from individuals or institutions. 

Now let’s get into the main matter.

So a new IT registration comes with 3 CAC documents and a  supporting document. They are:

1.) THE CERTIFICATE 

2.) THE STATUS REPORT

3.) THE CONSTITUTION

The supporting document which will be FOURTH one is 2 NEWSPAPER PUBLICATIONS.

1.) THE I. T. CERTIFICATE

Now let’s do an x-ray of the I. T. certificate. Shall we?

The outlook of this certificate is quite different from the other incorporation certificates. 

As usual, on this document there is:

• A unique registration number in the mid-right of the document 
• The names of the appointed Trustees of the organization as certified by the RG
• The IT name as approved, 
• And the approval date of the registration.

The issuance is by the authority of the CAC Registrar General, as empowered by the Companies and Allied Matters Act - that is, CAMA of 2020. 

2.) THE I. T. STATUS REPORT DOCUMENT

The Status Report is the certified extract document that contains the information of the organization and its status, which will be ‘Active’ for a new incorporation. 

So it include details like:

i. The organization’s principal activity, that is, the objectives it intends to promote, and

ii. The Chairman, Secretary’s and other Trustee members’ details.

The RG's name and signature together with the QR code runs all through this document. 

Due Date of Accounts

About the due date of accounts on this document. By law, an Incorporated Trustee is expected to file its Annual Returns between 30th June and 31st December of every year, except the year it was registered. This means an I.T enjoys a one-year free period. So, due dates of accounts is a hint on the organization’s post incorporation obligation. 

It is worthy of note that Annual Returns filing is different from tax payment. So while an I.T enjoys tax exemptions with the FIRs, it is mandatory that it files its Annual Returns with the Corporate Affairs Commission.

3.) THE I. T. CONSTITUTION

The CONSTITUTION is the document that contains rules and regulations listed as ARTICLES, which are the bye-laws that govern the incorporation. It has a PREAMBLE that states that it is a non-profit and non-political organization, which the members attest to. 

On this document, the aims and objectives of the organization are listed fully. Some of the Articles include:

• Election and qualification of Trustees
• Meeting type and quorum
• Source of income 
• Disbursement and application of funds
• Amendment of Constitution
• A special clause that states that the income and property of the organization shall be applied solely towards the promotion of its aims and objectives, and that no profits or salaries shall be paid to any member except a reasonable payment for service rendered to, or out of pocket expenses on behalf of, the organization.
• 
  

At the end of the Constitution are the names, signatures and phone numbers of the Chairman and Secretary in acknowledgement of the contents of the document.

Again, the RG's name and signature with the QR code can be found all through this document.

2 NEWSPAPER PUBLICATIONS - SUPPORTING DOCUMENTS

The last document for an I. T. is 2 newspaper publications. They are supporting documents attached to an I. T. application to obtain an approval by the CAC, and it is a requirement by law. Both publications are meant to have been in circulation for a 28-day period prior to the time of upload on the Registration Portal. Basically, the publications are cut-outs of the exact page that contain details of the incorporation of the trust, clearly calling for objections to the approval of the proposed I. T. application. 

So it’s used as reference material together with the CAC documents when incorporating an I. T. and after. 

CONCLUSION

So, these are the 4 documents you get when you register a new Incorporated Trustees. That is, THE CERTIFICATE, THE STATUS REPORT, THE CONSTITUTION as issued by the CAC, AND 2 NEWSPAPER PUBLICATIONS as supporting documents. The Applicant is obligated to get the newspapers himself or through his Agent as the case may be.

Whenever you’re in doubt, always ask an Accredited Agent what the proper position is, or simply do an internet search. There are abundant resources to answer your questions.