Convergence Attorneys

Convergence Attorneys Convergence Attorneys is a law firm dedicated to providing quality legal services to Nigerian and in

Ligation and transactional law firm attending to the needs of businesses and startups

20/09/2024
We have assisted several foreign companies establish in Nigeria with our range of market entry Services, our firm has be...
20/09/2024

We have assisted several foreign companies establish in Nigeria with our range of market entry Services, our firm has become conversant with their peculiar needs. In order to ease undue pressure on the resources of parent company when establishing in Nigeria, we designed our walk-in-package for foreign companies and their expatriate staff.
Our walk-in-package include:
* Company registration
* Obtain Business permit, Ex-patriate quota positions, work permits, residential permits.
* filling of expatriate quota returns,
* VAT, TAX and other necessary statutory registrations (ensure compliance with tax laws).
* Registration with chambers of commerce and other relevant institutions
* Aid in processing legal and financial documents necessary for repatriation of funds to home country
* Interface with government agencies on behalf of company
For more enquiries on our range of services send an e-mail to [email protected] or call 08033215402
www.convergenceattorneys.com

20/09/2024

Engaging discussions took place today as the in Nigeria's Ambassador-Designate, Gautier Mignot, and his team received the new European Bank for Reconstruction and Development (EBRD) Managing Director for Sub-Saharan Africa, Dr. Heike Harmgart, on her first mission to ahead of the launch of the Bank’s operations in the country.

16/09/2024
16/09/2024
16/09/2024
HOW TO PROPERLY ENTER INTO CONTRACT WITH A BUSINESS NAME❗Away from election matters. Let me teach on everyday legal issu...
16/09/2024

HOW TO PROPERLY ENTER INTO CONTRACT WITH A BUSINESS NAME❗

Away from election matters. Let me teach on everyday legal issues in business

A lot of times small business owners prefer to register their business at the early stage as a Business Name for various reasons majorly because it is cheaper

Nothing wrong with doing business as a Business Name but I would like to point out one major fact that a lot of non lawyers do not know

Although your business name maybe registered with Corporate Affairs Commission, under the law it is not regarded as a juristic person

What I mean by not a juristic person is that it cannot be sued in it's registered business or brand name.

A business name does not have an independent legal person unlike a limited liability company.

Let me use myself as an example. My legal name is Chinenye Ibeneme. I happen to run a fashion outfit that goes by the brand name Aura quartz clothing which I registered as a Business Name with CAC.

So let's say that a school has approached me to make and supply school uniforms for it's students. For record purposes, they would also want me to sign a contract for that effect before money is paid and production starts.

So let me give 2 examples of how the introduction section of the contracts may be written

Example 1

This Agreement is made this 2nd day of March 2023 between

Hollancinades International School hereafter known as

the buyer..................

And

Aura quartz clothing hereafter referred to as the
(Supplier) -------------------

❌❌❌❌❌❌❌❌❌❌❌🚫

This first example is totally wrong

Example 2

This Agreement is made this 2nd day of March 2023

between

Hollancinades International School hereafter known as the
( buyer) -----------------

And

Chinenye Ibeneme (Trading under the name and style of Aura
Quartz clothing) hereafter referred to as the (Supplier)--------

❗⭕✔️✅✅✅✅✅✅✅📌📌📌📌📌

Example 2 is a better introduction and description of the parties. Like I earlier stated a business name is not a juristic person capable of suing and being sued under the law

If a dispute arises and the buyer decides to go to court and sues Aura quartz clothing, the suit may be thrown out if I raise a preliminary objection on the ground that the fashion outfit is not capable of being sued

So the way to go about it if you find yourself in such a situation is to do the following

1. Ask for a copy of the incorporation documents of the business you are about signing a contract with

2. If the business was registered as a Business Name. Find out the name of the sole proprietor ( it is usually written on the incorporation documents on Form CAC/BN/1. On the column for particulars of partners

3. Write the name of the business owner then you can add in bracket it's known brand name that it is trading under

With this you would have fulfilled the legal requirements and protected yourself Incase of incasity like we say in local Nigerian street lingo
Above all, always cross check with your lawyer before you sign your signature on any contract



EU in Nigeria
16/09/2024

EU in Nigeria

Mistake 2: Choosing a Company Name with Trademark and Domain Name issues Ade and Funke have finally agreed MangoExpress ...
02/09/2024

Mistake 2: Choosing a Company Name with Trademark and Domain Name issues

Ade and Funke have finally agreed MangoExpress as the name for their startup which basically connects eateries, Juice/smoothie bar and other bulk buyers to rural Mango sellers in Benue state. It seems a nice concept because of the large amount of Mangoes left to rot in Benue markets due to failure of logistics to reach bulk buyers in Cities such as Lagos and Abuja.

They problem is that after they incorporated the business with CAC, printed fliers and opened social media pages they discovered that the domain name was already being used by another company

Before going ahead to incorporate your company name it is important to do some form of basic research to find out if the name is available and free from domain name and trademark issues. This is to avoid trademark violations and wasting effort in building a brand.

Here are some basic steps to take when choosing a name for your company or business:

Run a basic Google search to find out companies that are already using the name or similar names. Also take note the industry they operate in, to enable you determine the how to proceed in order to avoid brand confusion of your goods and services in the market place.

Run a search at the Trade Mark, Patent and Design registry of the Federal Ministry of Commerce and Industry

Conduct a search with any of the domain name registrars to see if the domain name you want is available

Consult an Intellectual property lawyer on intellectual property brand protection strategies for your business

Address

Suite 301, 8 Nairobi Street, Off Aminu Kano Crescent Wuse 11
Abuja

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