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Companies and Allied Matters Act 2020 · Part B · Chapter 2

Section 76 Application for re-registration of a public company as an unlimited company

(1)
An application for re-registration of a public company as an unlimited company shall contain a statement of the company’s proposed name on re- registration.
(2)
The application shall be accompanied by—
(a)
the prescribed form of assent to the company’s being re-registered as an unlimited company, authenticated by or on behalf of all the members of the company ; and
(b)
a copy of the company’s memorandum and articles as proposed to be amended.
(3)
The statement of compliance required to be delivered together with the application is a statement that the requirements of this Part as to re-registration as an unlimited private company have been complied with.
(4)
The statement shall contain a statement by the directors of the company—
(a)
that the persons by whom or on whose behalf the form of assent is authenticated constitute the whole membership of the company ; and
(b)
if any of the members has not authenticated that form himself, that the directors have taken all reasonable steps to satisfy themselves that each person who authenticated it on behalf of a member was lawfully empowered to do so.
(5)
The Commission may accept the statement of compliance as sufficient evidence that the company is entitled to be re-registered as an unlimited company.
Cite as: Companies and Allied Matters Act 2020, section 76

What this section means

From the guide: Re-registering a company under CAMA 2020: private, public, limited and unlimited

Sections 55 to 77 allow five kinds of change of status. Here is each route, with the tests, resolutions and filings.

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.