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Companies and Allied Matters Act 2020 · Part B · Chapter 1

Section 43 Powers of companies and prohibition of donations for political purpose

(1)
Except to the extent that the company’s memorandum or any enactment otherwise provides, every company shall, for the furtherance of its business or objects, have all the powers of a natural person of full capacity.
(2)
A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a political party or political association, or for any political purpose, and if any company, in breach of this subsection makes any donation or gift of its property to a political party or political association, or for any political purpose, the officers in default and any member who voted for the breach shall be jointly and severally liable to refund to the company the sum or value of the donation or gift and in addition, every such officer or member commits an offence and is liable to a fine equal to the amount or value of the donation or gift.
Cite as: Companies and Allied Matters Act 2020, section 43

What this section means

From the guide: Company powers, political donations and ultra vires acts under CAMA 2020

  • A company has all the powers of a natural person of full capacity unless its memorandum or an enactment says otherwise (section 43(1)), but it may not donate to a political party or for a political purpose (section 43(2)).
  • Under section 43(1), a company has, for the furtherance of its business or objects, all the powers of a natural person of full capacity, except to the extent its memorandum or an enactment provides otherwise.
  • Section 43(2) says a company has no power, directly or indirectly, to give any of its property or funds to a political party or political association, or for any political 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.