What Can I Do If My Company Is Struck Off CAC’s Register?

  • In our earlier posts, we discussed what annual returns are in Nigeria, procedural guidelines involved in filing annual returns, and implications of not filing annual returns in Nigeria.
  • In this post, we would be looking at what remedy is available to corporates whose names have been struck off CAC’s register for failure to file their annual returns as and when due.
  • Thus, with respect to this subject matter, it is important to ask important questions?
  • Do I have to incorporate another company if my company’s name is struck off? What other options are available to me? Are there conditions attached?
  • The Companies and Allied Matters Act makes detailed provisions in this regard. Importantly, Section 692(2) of CAMA avails a remedy, prescribing the following steps;
  • Application may be made to the Federal High Court at any time but before the expiration of two years from the date of striking off
  • Where the Federal High Court is satisfied that the purpose of the application is simply to restore the register, the Court may order the name of the company to be restored.
  • Essentially, the power of restoration lies with the Federal High Court (FHC), and where the application is granted, the FHC would order the Corporate Affairs Commission to restore the name that was struck off.
  • It is vital to point out that this application must be brought within the required timeframe as prescribed by the relevant laws.
  • Conclusively, if your company’s name has been struck off CAC register, you could explore this possibility. This is important because once a company’s name is struck off the CAC register, it is not permitted to continue with business operations. It is crucial to seek corporate advisory in this regard.

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