Adetutu Deborah Aina-Pelemo
- , Redeemer’s University, Ede, Osun-State, Nigeria
A company is the process by which two or more person with common goals come together to form business and have given such business legal personality via its incorporation. The regulation and formation of companies in Nigeria is regulated by the Corporate Affairs Commission through the Registrar-General. However, since its formation, the issue of privacy and confidentiality has received little or no attention bearing in mind the accessibility to public records of registered companies at the Corporate Affairs Commission. The easy accessibility of companies’ documents by the public has created reasons for the author to undertake the instant study. The article examines the likely causes of this problem and provides possible solution to that effect. The doctrinal research method was adopted by way of exploratory and descriptive methodology as well as the examination of necessary legislations. The instant research finds that business names information is well-protected within the custody of the Corporate Affairs Commission as compared with that of private limited companies that is beseeching for firmer protection.
Keywords: Confidentiality, Companies, Corporate Affairs Commission, Nigeria, Privacy, PostIncorporation
[This article belongs to NOLEGEIN Journal of Corporate & Business Laws(njcbl)]
1. Bélanger, F. and Crossler, R.E. (2011). Privacy in the Digital Age: A Review of Information Privacy Research in Information Systems. Management Information Sytem Quarterly, 35(4), 1017-1041.
2. Pavlou, P.A. (2011). State of the Information Privacy Literature: Where are we now and Where Should we go? Management Information System Quarterly, 35(4), 977-988.
3. Smith, H.J., Dinev, T. and Xu, H. (2011). Information Privacy Research: An Interdisciplinary Review. Management Information System Quarterly, 35(4), 989-1015;
4. Yoo, C.W., Ahn, H.J. and Rao, H.R. (2012). An Exploration of the Impact of Information Privacy Invasion. IS Security and Privacy: Thirty Third International Conference on Information Systems, Orlando.
5. Pelteret, M. and Ophoff, J. (2016). A review of information privacy and its importance to consumers and organizations. Informing Science: The International Journal of an Emerging Transdiscipline, 19, 277-301.
6. Smith, H.J., Dinev, T. and Xu, H. (2011). Information Privacy Research: An Interdisciplinary Review. Management Information System Quarterly, 35(4), 989-1015;
8. Smith, H.J., Dinev, T. and Xu, H. (2011). Information Privacy Research: An Interdisciplinary Review. Management Information System Quarterly, 35(4), 989-1015;
9. Companies and Allied Matters Act, 1990 (CAP C20, LFN 2004); Companies and Allied Matters Act Chapter 59 Laws of the Federal Republic of Nigeria 1990 accessed 5th October, 2020 from http://www.nigeria-law.org/CompaniesAndAlliedMattersActPartI- V.htm#Corporate%20Affairs%20commission
10. Companies and Allied Matter Act 2020 and NO. 17 of the Companies Regulation 2021 (as altered) cap C20 Laws of federation of Nigeria.
11. A Critical Appraisal of the Doctrine of Corporate Personality under the Nigerian Company Law by Akinola Bukola, Lecturer Nigerian Law School, Augustine Nnamani Campus, Enugu accessed 2nd October, 2020 from: https://www.nlii.org/files/NLIIWPS002.pdf
12. This may even lead to the manuovering of the structure, composition or the general character of a registered company without an alarm or been noticed by the commission or by the company as the case may be.
13. Correia, J. and Compeau, D. (2017). Information Privacy Awareness (IPA): A Review of the Use, Definition and Measurement of IPA. Proceedings of the 50th Hawaii International Conference on System Sciences. URI: http://hdl.handle.net/10125/41646 ISBN: 978-0-9981331-0-2 CC-BY-NC-ND
14. Martin, G., Gupta, H., Wingreen, S.C. and Mills, A.M. (2015). An Analysis of Personal Information Privacy Concerns using Q-Methodology. Australasian Conference on Information Systems. Adelaide Australia accessed 30 October, 2020 from: https://arxiv.org/ftp/arxiv/ papers/1606/1606.03547.pdf
15. This Day Newspaper Live (10th of August, 2014). Post-incorporation Obligations: CAC Tightens Noose on Defaulting Firms. https://allafrica.com/stories/201408113147.html
16. Aina-Pelemo, A.D., Mehanathan, M. C. and Kulshrestha, P. (2018). Sexual Harassment at Workplace: Judicial Impact in Nigeria and India. Indian Journal of Law and Human Behaviour, 4(2), 208-221. doi: http://dx.doi.org/10.21088/ijlhb.2454.7107.4218.8;
17. Aina, I.T., and Aina-Pelemo, A.D. (2019). The Use of Contraceptives in Nigeria: Benefits, Challenges and Probable Solutions. Journal of Law, Policy and Globalisation, 86, 88-99. doi:10.7176/JLPG/86-09
18. Revised Companies Regulation 2012 Pursuant to Section 16, 585 and 609 of the Companies Allied Matters Act LFN 2004.
19. Companies and Allied Matters Act Chapter 59 Laws of the Federation of Republic of Nigeria 1990.–Part A–Companies, Part 1–Corporate Affairs Commission. See Section 1, Part 2– Incorporation of companies see section 22 for Private company while section 24 for Public company.
20. Freedom of Information Act 2011 (Laws of the Federation of Nigeria) Section 2(7).
21. Freedom of Information Act 2011 (Laws of the Federation of Nigeria).
22. Modified Customers’ Guide-Corporate Affairs Commission. Online: accessed 2nd November 2020, from: http://new.cac.gov.ng/home/wp-content/uploads/2018/03/MODIFIED-CAC-CUSTO MER-GUIDE.pdf
23. This Day Newspaper Live (10th of August, 2014). Post-incorporation Obligations: CAC Tightens Noose on Defaulting Firms. https://allafrica.com/stories/201408113147.html
24. Section 326, Companies and Allied Matter Act 2020 and NO. 17 of the Companies Regulation 2021 (as altered).
25. Section 327, Companies and Allied Matter Act 2020 and NO. 17 of the Companies Regulation 2021 (as altered)
|Received||January 12, 2021|
|Accepted||January 27, 2022|
|Published||March 10, 2021|