THE LAW RELATING TO FOREIGN COMPANIES IN NIGERIA: AN ANALYSIS OF PART X OF COMPANIES DECREE 1968
THE LAW RELATING TO FOREIGN COMPANIES IN NIGERIA: AN ANALYSIS OF PART X OF COMPANIES DECREE 1968
No Thumbnail Available
Date
1984-06
Authors
IDAKULA, MARKUS B.
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
The thesis attempts to do many things to many
people. First, it attempts to provide for the first
time a comprehensive legal literature on the Nigerian
Company Law relating to foreign companies in Nigeria.
Secondly* it attempts to explain the current
companies legislation -and other related laws relating
to foreign companies in Nigeria and compares the position
in Nigeria with that of other African countries and
England. In some way therefore, the approach has been
comparative in nature.
Lastly, the thesis seeks to show in what ways part
X of the companies decree 1968 and other related legislation
have attempted to check, control, and tackle
the problems posed by the nefarious activities of subsidiaries
of multinationals in Nigeria.
The thesis thus attempts to provide material for
law students, law teachers and legal practitioners on
the subject while at the same time it tries to educate
the business-men and the laymen -about the things to
look out for in ,heir various dealings with "Foreign"
Companies in Nigeria.
The thesis itself has been divided into nine different
chapters, each chapter dealing with a distinct
and separate topic on the subject-matter.
( i i i )
Chapter one which is the introductory chapter, introduces
the problems posed by subsidiaries of foreign
companies in Nigeria and shows how part X of companies
Decree (among other legislation) was promulgated to
alleviate some of these problems.
Chapter two which deals -with the status of
foreign companies in England is aimed at showing, at
the end, whether the Nigerian company law has fashioned
our law relating to foreign companies after Britain
or has departed in approach from the English Law,
The third chapter explains the historical perspectives
of the law under analysis and shows how the
law has envolved from nothingness to a concrete and
strict law.
Chapter four defines what in Nigeria is meant
by the term "foreign company" while chapter five undertakes
the business of explaining the requirement for
some foreign companies to convert and then later incorporate
as Nigerian companies - the two mandatory
things to do if the foreign companies are to continue
to do business in Nigeria, The consequences of non ihcorporation
by the foreign companies are also explained
in the chapter.
(iv)
Chapter six is novel. It explains-the law and
the procedure for instituting legal proceedings against
foreign companies in Nigeria as it relates to the jurisdiction
of courts, service of process and venue.
Chapter seven discusses penalties against defaulting
foreign companies which fail to abide by the obligations
imposed upon them by Part X of the companies decree
1968 while Chapter eight tackles the issue of winding
up of foreign companies in Nigeria.
The last chapter (Chapter nine) summarises the
thesis and deals with proposals for reform. In concluding,
the thesis shows that the Nigerian law relating
to foreign companies was and is not fashioned after
the law in England (as is customary for Nigeria to do)
and that the Nigeria law has evolved a unique approach
in attempting to solve the problems posed by the subsidiaries
of foreign multinationals in the country
Description
A THESIS SUBMITTED TO THE POST GRADUATE SCHOOL,
AHMADU BELLO UNIVERSITY, IN PARTIAL FULFILLMENT OF
THE REQUIREMENTS FOR THE DEGREE OF MASTERS OF LAW:
Department of sPrivate Law
Faculty of; Law
AHMADU BELLO UNIVERSITY, ZARIA
DATE. JUNE 1984
Copy Rights
Keywords
LAW,, RELATING,, FOREIGN,, COMPANIES,, NIGERIA, ANALYSIS,, COMPANIES,, DECREE 1968