Happy birthday to you dear Fateemah 🥰
Thank you for being our little muse since your first birthday 🎂.
May Almighty uplift you, guard and protect you from evil eye 🙏🏾 and may Allah makes you the coolest of your parent eyes 🤲🏾
We verify who you are. But do we verify whether you are legally fit to be a director?
This was something I found myself thinking about recently while looking at the provisions of CAMA on the appointment of directors.
Under Section 283 of CAMA, certain persons are disqualified from being appointed as directors of a company. This includes minors, persons of unsound mind, persons disqualified under the law or the company’s Articles, amongst others.
And then I started wondering, a company wants to appoint a new director. The company files the necessary documents with CAC and provides the director’s particulars and means of identification.
CAC can verify the person’s identity and, to an extent, their age.
But how does CAC determine some of the other statutory disqualifications? For instance, how does it know that the proposed director is not subject to a disqualification under the law? Or that there is no other circumstance that legally prevents that person from occupying the office?
Does CAC independently verify these things before accepting the filing, or does the responsibility primarily rest on the company and the individual making the declaration?
It raises an interesting distinction for me: There is a difference between verifying the identity of a director and verifying the director’s legal eligibility to hold office.
Of course, corporate filings are made based on information and declarations supplied by the parties, and there are consequences where false information is provided.
But as corporate lawyers, these are the kinds of questions we should be asking.
When we see a company��s directors on a CAC search, are we simply asking “Who are the directors?
Or should we also be asking: What makes each of these persons legally eligible to be a director?
And this is where I’d love to hear from other practitioners: In your experience, how does CAC verify these other statutory disqualifications when a new director is being appointed? Is there a verification mechanism I am missing, or does the system largely rely on declarations by the company and the proposed director?
In my nearly two years of experience working as a Corporate & Commercial Lawyer, one thing I have come to appreciate is that the real work is not just in drafting an agreement, but in understanding what could go wrong and ensuring the agreement adequately addresses it.
An agreement may look perfect on the surface, but have you taken the time to examine the clauses, understand the obligations and identify the risks involved?
When reviewing agreements, I pay attention to the details that could make a difference when things don’t go as planned.
For me, agreement review goes beyond correcting grammar or making clauses sound more sophisticated. It involves asking the right questions:
1. Are the rights and obligations of the parties clearly defined?
2. Are the payment terms and timelines unambiguous?
3. What happens if either party defaults?
4. Are the termination and dispute resolution clauses adequate?
5. Are there risks my client may not have considered?
6. Does the agreement actually reflect the commercial intention of the parties?
Because the truth is, an agreement is not truly good simply because it reads well. It must also work for the transaction it is meant to govern.
As lawyers, we must learn to look beyond the words on the page and understand the transaction, the parties’ intentions and the potential consequences of the terms they agree to.
Sometimes, the clause you almost overlooked is the one that matters the most.
And that is why reviewing an agreement deserves just as much attention as drafting one.
CONTENTMENT is not settling. It is the ability to enjoy what you have, where you are, while you're trusting GOD for whatever is lacking. To experience contentment:
* Realise that you're already blessed. Regardless of what you "don't have" you have enough right now to be grateful. Gratitude attracts Increase.
* Know that GOD is with you. Even if you're not faithful to Him, He's faithful to you. Do your best to give GOD your best but don't forget His promise to "be with you always".
* Say where you're going. Your words are powerful. Life is waiting for instructions from your lips. So, speak your desire. You will have what you say (and work towards).
* Maximise where you are till GOD opens doors. You can't curse where you are and expect it to be blessed. I don't care where you call 'home', GOD is there and if He's there anything is possible.
BE CONTENT!
“I’m tired of telling single people to stop having sex and married people to have sex.” 😭
How did we even get here? 😂
One group is doing what they shouldn’t, another group is struggling to do what they should.
Relationships really need wisdom.