Understanding Procedural Rules in Company Proceedings
Procedural rules governing company proceedings can be found in the Companies Proceeding Rules, Companies Winding-Up Rules, and the Federal High Court (Civil Procedure) Rules. These rules dictate the process for applications, such as Originating Summons, Originating Motion, or Petition under CAMA. They also cover specific applications for relief, production of documents, rectification of registers, and the appointment of inspectors. Understanding these rules is crucial for navigating company proceedings effectively.
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COMPANY PROCEEDINGS The procedural rules in company proceedings are to be found in the
COMPANY PROCEEDINGS In the Companies Proceeding Rules, Companies Winding-Up Rules and the Federal High Court (Civil Procedure) Rules. The Companies Proceeding Rules apply to all proceedings taken out or arising from any provision
COMPANY PROCEEDINGS Of any section of Part A of CAMA. Applications under CAMA may be made by Originating Summons, Originating Motion or Petition.
COMPANY PROCEEDINGS By the provisions of Rule 2(1) of the Companies Proceeding Rules, except in the case of the application mentioned in Rules 5 and 6 of these Rules and applications made in proceedings relating to the
COMPANY PROCEEDINGS Winding up of companies, every application under CAMA shall be made by Originating Summons. An application under S. 317 of CAMA that is, production of documents and evidence to inspectors may be made by Ex-
COMPANY PROCEEDINGS Parte Originating Summons. The following are the applications to be made by Originating Motion; Under S. 23(2) for an order that the company be relieved from
COMPANY PROCEEDINGS The consequences of default in complying with conditions constituting the company as a private company. Under SS 46(8), 129(2) and 312 (5) for an order extending the time for delivery to CAC any
COMPANY PROCEEDINGS Document required by these sections to be delivered. Under S. 90(1) for the rectification of the register of members of a company. Under S. 315 for an order
COMPANY PROCEEDINGS Declaring that the affairs of a company ought to be investigated by an inspector appointed by CAC. Under S. 319(3) & (4) declaring obstruction of inspectors to be
COMPANY PROCEEDINGS Treated as contempt of court. Under S. 329 for an order directing that any shares in or debentures of a company shall cease to be subject to restrictions imposed by that
COMPANY PROCEEDINGS Section; and Under S. 524(1) for an order declaring a dissolution of a company which has not been wound up to have been void.
COMPANY PROCEEDINGS The following Applications shall be made by petition; Under S.46(1) & (2) to cancel the alteration of a company s objects; Under S.47(1) to cancel the
COMPANY PROCEEDINGS alteration of a condition contained in a company s memorandum; Under S.53(3) to cancel a special resolution authorizing the re- registration of public company as private company;
COMPANY PROCEEDINGS Under S. 120 to confirm a reduction of the share premium account of a company; Under S. 121(2) to sanction the issue by a company of shares at a discount;
COMPANY PROCEEDINGS Under S. 158 to confirm a reduction of the Capital Redemption Reserve Fund of a company; Under S. 107(1) to confirm a reduction of the share capital of a company;
COMPANY PROCEEDINGS Under S. 142(1) to cancel any variation or abrogation of the rights attached to any class of shares in a company; Under S. 311(1) for relief on the ground that the affairs of a company are being conducted in
COMPANY PROCEEDINGS An illegal or oppressive manner; Under S. 525(6) for an order restoring the name of a company to the register, where the application is made in conjunction with an application for the winding up of the
COMPANY PROCEEDINGS Company; Under S. 558 for relief from liability of an officer of a company or a person employed by a company as auditor.
COMPANY PROCEEDINGS Applications and all other court processes are to be filed in the court Registry in the judicial division in which the company has its registered office or carries on a substantial part of its business.
COMPANY PROCEEDINGS Court processes are served on a company at its registered office or where the company is carrying on a substantial part of its business.
COMPANY PROCEEDINGS The Federal High Court has exclusive jurisdiction in companies proceedings, subject to the appellate powers of the Court of Appeal and Supreme Court.
COMPANY PROCEEDINGS All offences under the Act may be tried by a court of competent jurisdiction in the place where the offences are alleged to have been committed. See S. 554 of CAMA.
