Home » Nigeria CAMA 2020 » Section 115 Companies and Allied Matters Act 2020

Section 115 Companies and Allied Matters Act 2020

Section 115 CAMA 2020

Section 115 Companies and Allied Matters Act is about Power of Court to rectify register. It is under Chapter 6 (Membership of the Company) of PART B (Incorporation of Companies and Incidental Matters) of the Act.

Power of Court to rectify register

(1) If—
(a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company, or

(b) default is made or unnecessary delay takes place in entry on the register the fact of any person having ceased to be a member, the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.

(2) The Court may refuse the application, or order rectification of the register and payment by the company of any damage sustained by the party aggrieved.

(3) On an application under this section, the Court may decide any question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members and alleged members on one hand and the company on the other hand, and generally may decide any question necessary or expedient be decided for rectification of the register.

(4) Where the court makes an order for rectification of the register, the company shall, within 14 days of the court order, file a copy of the order and a notice of the particulars of the rectification with the Commission.

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