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Companies and Allied Matters Act 2020 · Part B · Chapter 11

Section 316Personal liability of directors and officers

Where a company—
(a)
receives money by way of loan for specific purpose ;
(b)
receives money or other property by way of advance payment for the execution of a contract or project ; or
(c)
with intent to defraud, fails to apply the money or other property for the purpose for which it was received, every director or other officer of the company who is in default is personally liable to the party from whom the money or property was received for a refund of the money or property so received and not applied for the purpose for which it was received and nothing in this section affects the liability of the company itself.
Cite as: Companies and Allied Matters Act 2020, section 316

What this section means

From the guide: Director liability and long service contracts under CAMA 2020

  • A director’s liability can be made unlimited only if the memorandum so provides (section 314), and a director in default can be personally liable to refund money a company received for a stated purpose and applied otherwise with intent to defraud (section 316).
  • Section 316 applies where a company receives money by way of a loan for a specific purpose, or receives money or other property as an advance payment for a contract or project, and with intent to defraud does not apply it for that purpose.

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.