Why filing Annual Returns for your Nigerian Business is mandatory

Why filing Annual Returns for your Nigerian Business is mandatory

March 22, 2024

All business entities registered with the Corporate Affairs Commission (CAC) are required to file Annual Returns every year that they remain in operation. This requirement extends to businesses, partnerships, limited liability companies, and incorporated trustees. However, the timeline may vary depending on the nature of the entity.

 

For business names (sole proprietorships and partnerships), the Annual Returns for each preceding year must be filed before June 30th of the following year, except the year in which the business is registered. The same requirement applies to Incorporated Trustees, which are also required to file their Annual Returns for every year except the year of incorporation.

 

For a company, however, the time for filing its Annual Returns is dependent on when the AGM holds for each year. The first AGM of a company must be held not later than 18 months after incorporation, and every AGM afterwards must be held not later than 15 months of the last one.

 

Further, the Annual Returns must be filed within 42 days after the AGM. However, the deadline for filing the returns for a preceding year is June 30th of the following year, after which the Commission may impose a penalty or take any other measures it deems necessary in the circumstances.

 

Where a business entity fails to file its returns before the deadline set out:

 

  1. The Status of the company may be de-activated, under the assumption that it is no longer in operation. The status would only be re-activated after the Annual Returns have been filed up to date;

 

  1. Companies in default of filing returns cannot process other post-incorporation services, such a share transfer, application for CTC, appointment or removal of director, and so forth;

 

  1. The Commission also imposes penalties on the company/business for late filing, and this penalty must be paid at the point of rectifying the filing situation;

 

  1. A company or business name may be struck off the register of companies or business names (as the case may be), if the business is in default of filing returns for 10 consecutive years.

 

The process of filing Annual Returns has been made easier, as the entire process can be completed on the CAC Portal. All that is required is to employ the services of an accredited agent, to carry out the filing on your behalf.

To avoid your company being de-activated or delisted, or paying penalties, it is important to file your Annual Returns before they become due.

 

 

618 Bees can quickly and easily help you file your Annual Returns with the Corporate Affairs Commission (CAC). Log on to our website www.618bees.com or email hello@618bees.com, or give us a call on +2349017190079/08080819653. 618 Bees will complete your application with the CAC.

 

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

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Frequently Asked

  • Why must I file Annual Returns?

    It is a mandatory statutory requirement under the Companies and Allied Matters Act to file Annual Returns yearly. 

  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.

  • What are the product categories available when registering with NAFDAC?

    The product categories include: Food, Cosmetics, Drug, Medical Device, Agro-Chemicals & Pesticide, Veterinary Products, Vaccines & Biologicals, Herbal and Nutraceuticals and Water

  • Can I use the data collected legally for one purpose for another purpose?

    No, you can’t use the data collected for one purpose for a different purpose.

  • What is the basic criteria for registering a Design?

    The design must be new and original. This means that it must be a unique design not similar to an already existing design.

  • Do I have to physically drop off my product sample at NAFDAC office?

    No, you can choose to have it sent to NAFDAC office

  • Why do i need a Shareholders Agreement?

    You need a Shareholders Agreement to protect your investment in a company.  The shareholders Agreement establishes a fair relationship between all shareholders and sets out how the company is run.

  • Why do I need a trademark?

    You need to register your trademark because if you don’t register it, someone else can! It helps identify you as the source and indicates a consistent level of quality of your products and services. Securing a registered trademark protects your brand, and provides you with tools to prevent someone else from using similar signs and riding off the back of your business.

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