Section 852 CAMA 2020

Section 852 Companies and Allied Matters Act is about Prohibited and restricted names. It is under Chapter 1 (Establishment of administrative proceedings committee) of the Act.

(1) No company, limited liability partnership, limited partnership,business name or incorporated trustee shall be registered under this Act by a name or trade mark which—

(a) is identical with that by which a company or limited liability partnership in existence is already registered, or so nearly resembles that name as to be calculated to deceive, except where the company or limited liability partnership in existence is in the course of being dissolved and signifies its consent in such manner as the Commission requires ;

(b) contains the words “Chamber of Commerce” unless it is a company limited by guarantee ;

(c) in the opinion of the Commission, is capable of misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy ;

(d) in the opinion of the Commission, would violate or conflict with any existing trademark or business name registered in Nigeria or body corporate formed under this Act unless the consent of the owner of the trade mark,business name or trustees of the body corporate has been obtained ;

(e) contains any word which, in the opinion of the Commission, is likely to mislead the public as to the nationality, race or religion of the persons by whom the business is wholly or mainly owned or controlled ;

(f ) is, in the opinion of the Commission, deceptive or objectionable in that it contains a reference or suggests association with any practice,institution, personage, foreign state or government, international organisation or international brand or is otherwise unsuitable ; or

(2) Except with the consent of the Commission, no company, limited liability partnership, limited partnership, business name or incorporated trustees shall be registered by a name which—

(a) includes the word “Federal”, “National”, “Regional”, “State” ;

(b) “Government”, or any other word which, in the opinion of the Commission suggests or is calculated to suggest that it enjoys the patronage of the Government of the Federation, the Government of a State in Nigeria,any Ministry or Department of Government, or contains the word“Municipal” or “Chartered” or in the opinion of the Commission, suggestsor is calculated to suggest, connection with any municipality or other local authority ;

(c) contains the word “Cooperative” or its equivalent in any other language or any abbreviation; or of the words “Building Society” ; or

(d) contains the word “Group” or “Holding”.

(3) No individual or firm shall be registered under PART D or E of this Act if the age of the individual or any individual who is a partner is stated inthe statement furnished under section 796 of this Act to be less than 18 years,unless the statement shows at least two other individuals aged above 18 years.

(4) No company, business name or incorporated trustee shall be registered where there is irrefutable evidence to the effect that the company, business name or incorporated trustee has previously been involved in fraudulent trade malpractices, either in local or international trade.