Section 78 CAMA 2020
Section 78 Companies and Allied Matters Act is about Foreign Companies intending to carry on business in Nigeria. It is under Chapter 3 (Foreign Companies) of PART B (Incorporation of Companies and Incidental Matters) of the Act.
Foreign Companies intending to carry on business in Nigeria
(1) Subject to sections 80-83 of this Act, every foreign company which before or after the commencement of this Act was incorporated outside Nigeria, and having the intention of carrying on business in Nigeria, shall take all steps necessary to obtain incorporation as a separate entity in Nigeria for that purpose, but until so incorporated, the foreign company shall not carry on business in Nigeria or exercise any of the powers of a registered company and shall not have a place of business or an address for service of documents or processes in Nigeria for any purpose other than the receipt of notices and other documents, as matters preliminary to incorporation under this Act.
(2) Any act of the company in contravention of subsection (1) is void.
(3) Nothing in this section affects the status of any foreign company—
(a) which before the commencement of this Act was granted exemption from compliance under the provisions of any preceding Companies Acts that had been applicable in Nigeria before the commencement of this Act ; and
(b) exempted under any treaty to which Nigeria is a party.
