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Companies and Allied Matters Act 2020 · Part B · Chapter 6

Section 106Capacity to be a member

(1)
As from the commencement of this Act, an individual is not capable of becoming a member of a company if he is—
(a)
of unsound mind and has been so found by a court in Nigeria or elsewhere ; or
(b)
an undischarged bankrupt.
(2)
A person under the age of 18 years shall not be counted for the purpose of determining the legal minimum number of members of a company.
(3)
A corporate body in liquidation is not capable of becoming a member of a company.
(4)
Where, at the commencement of this Act, any person falling within the provisions of subsection (1) is a member of a company by reason of being a shareholder of the company, his share vests in his committee or trustee, as the case may be.
(5)
Where, after the commencement of this Act, any shareholder purports to transfer any share or shares to a person falling within the provisions of subsection (1), the purported transfer shall not vest the title in the shares in that person, but the title remains in the purported transferor or his personal representative who holds the shares in trust for that person during the period of his incapacity.
Cite as: Companies and Allied Matters Act 2020, section 106

What this section means

From the guide: Members of a company and the register of members under CAMA 2020

  • An individual of unsound mind found so by a court in Nigeria or elsewhere, or an undischarged bankrupt (section 106(1)).
  • The transferor or his personal representative holds the shares in trust during the incapacity (section 106(5)).
  • A corporate body in liquidation (section 106(3)).
  • A person under 18 is not counted towards the legal minimum number of members (section 106(2)).

Read the whole subject

Source: Companies and Allied Matters Act 2020 (Act No. 3 of 2020), Official Gazette No. 124, Lagos, 10 August 2020. General information, not legal advice.