The Memorandum of Association of Investment Company is a mandatory constitutional document required for incorporating an investment company in Nigeria. This document must be filed with the Corporate Affairs Commission (CAC) as part of the company registration process under the Companies and Allied Matters Act (CAMA) 2020. It defines the company's relationship with the outside world, stating its objects, powers, and limitations, particularly in relation to investment activities. The document is crucial for obtaining necessary licenses from the Securities and Exchange Commission (SEC) and other regulatory bodies. It serves as the foundation for the company's legal existence and operations in Nigeria's investment sector, defining the scope of permitted investment activities and establishing the framework for shareholder relationships.
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1. Name Clause: States the registered name of the investment company
2. Registered Office Clause: Specifies that the registered office of the company will be situated in Nigeria
3. Objects Clause: Details the primary and ancillary business objectives of the investment company, including types of investments, financial services, and permitted activities
4. Limitation of Liability Clause: States that the liability of members is limited by shares
5. Share Capital Clause: Declares the authorized share capital, types of shares, and nominal value of shares
6. Subscriber's Declaration: Contains the names, addresses, and signatures of subscribers, along with the number of shares they agree to take
1. Additional Business Activities: Used when the company plans to engage in additional permitted financial services beyond core investment activities
2. Foreign Investment Provisions: Include when the company expects foreign shareholders or investments, detailing compliance with NIPC requirements
3. Specialized Share Classes: Added when the company wishes to create multiple share classes with different rights and restrictions
4. Islamic Finance Compliance: Include when the investment company plans to offer Sharia-compliant investment products
5. Digital Assets Provisions: Added when the company intends to deal with cryptocurrency or digital assets investments
1. Share Capital Structure: Detailed breakdown of share classes, rights, and nominal values
2. Initial Subscribers: List of initial subscribers with their full details and shareholding information
3. Regulated Activities: Comprehensive list of investment and financial activities the company is authorized to undertake
4. Directors' Details: Information about initial directors and their qualifications
5. Compliance Framework: Overview of regulatory compliance requirements and internal control mechanisms
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