Connect with us

Business

NECA Opposes Stamp Duty Payment on Share Capital

Published

on

private-equity
  • NECA Opposes Stamp Duty Payment on Share Capital

To encourage the establishment of more companies in the country, the Nigeria Employers’ Consultative Association has called on the Federal Government to stop the payment of stamp duty on share capital.

The association suggested that a minimum flat fee should be introduced for the stamp duty payment, while responding to questions on how some proposed bills and amendment to some acts would affect private sector operators.

The employers’ group also called on the government to address the issue of appointment of auditors by Micro, Small and Medium Enterprises as contained in sections 357, 370-375 of the Companies and Allied Matters Act CAP C20, LFN 2004.

The Director-General, NECA, Mr. Olusegun Oshinowo, stated that for the country to improve on its ranking of ease of doing business and attract more investors, the act must align with international best practices that called for the elimination or reduction of payment of stamp duty on minimum share capital.

According to NECA, other clauses, which relate to multiple dictatorship and definition of small companies as provided in CAMA should be reviewed.

It said, “We also advocate that the requirement of a minimum share capital be abolished. Government should reduce significantly, or eliminate completely, the payment of stamp duty on share capital. Alternatively, a minimal flat fee should be introduced for the payment of stamp duty and incorporation/filing fees together regardless of the share capital of the company, in order to encourage the establishment of more companies.

“We believe that the MSMEs should be exempted from the requirement to appoint auditors whilst their annual turnover remains below a pre-determined threshold; exempt the MSMEs from the requirement to file audited financial statements along with their annual returns; and the format of the financial statements for the MSMEs should be simpler than for larger companies.”

The Senate had promised to fast-track the passage of over 40 priority bills recommended by the National Assembly Business Environment Roundtable, which would improve the Nigerian business environment and bring the country out of recession.

Commenting on the planned review of the Companies Income Tax Act, Oshinowo warned that the interpretation of Section 19 of the Act by the Federal Inland Revenue Service to impose an additional tax of 30 per cent corporate tax on dividend paid out of retained earnings after paying a 30 corporate tax to the government would amount to double taxation.

According to him, this will provide an incentive for companies to distribute all profits made in a particular financial year to shareholders even when there is compelling need to reinvest such profits in the business.

He added, “This policy encourages capital flight and incidental increase in the demand for foreign currency for repatriation instead of reinvestment, which is not good for the country. We request that the FIRS should issue a circular or financial order exempting retained earnings of all companies as long as corporate tax had earlier been paid in order to facilitate reinstatement of profits so as to generate more employment in Nigeria.

“Government must walk the talk by ensuring that all its agencies should guarantee that any policy they will be introducing henceforth must facilitate the ease of doing business and commerce, and not create bottlenecks.”

The association, however, approved of the National Development Bank of Nigeria (Establishment) Bill, the National Road Fund (Establishment) Bill, and the Petroleum Industry Bill all of which were aimed at improving the business environment in the country.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

Continue Reading
Comments

Business

Nigeria Advances Plans for Regional Maritime Development Bank

Published

on

NIMASA

Nigeria is making significant strides in bolstering its maritime sector with the advancement of plans for the establishment of a Regional Maritime Development Bank (RMDB).

This initiative, spearheaded by the Federal Government, is poised to inject vitality into the region’s maritime industry and stimulate economic growth across West and Central Africa.

The Director of the Maritime Safety and Security Department in the Ministry of Marine and Blue Economy, Babatunde Bombata, revealed the latest developments during a stakeholders meeting in Lagos organized by the ministry.

He said the RMDB would play a pivotal role in fostering robust maritime infrastructure, facilitating vessel acquisition, and promoting human capacity development, among other strategic objectives.

With an envisaged capital base of $1 billion, RMDB is set to become a pivotal financial institution in the region.

Nigeria, which will host the bank’s headquarters, is slated to have the highest share of 12 percent among the member states of the Maritime Organization of West and Central Africa (MOWCA).

This underscores Nigeria’s commitment to driving maritime excellence and fostering regional cooperation.

The bank’s establishment reflects a collaborative effort between the public and private sectors, with MOWCA states holding a 51 percent shareholding and institutional investors owning the remaining 49 percent.

This hybrid model ensures a balanced governance structure that prioritizes the interests of all stakeholders while fostering transparency and accountability.

In addition to providing vital funding for port infrastructure, vessel acquisition, and human capacity development, the RMDB will serve as a catalyst for indigenous shipowners, enabling them to access financing at favorable terms.

By empowering local stakeholders, the bank aims to stimulate economic activity, create employment opportunities, and enhance the competitiveness of the region’s maritime sector on the global stage.

Continue Reading

Business

Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

Published

on

iata

Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

Continue Reading

Business

Point of Sale Operators to Challenge CAC Directive in Court

Published

on

point of sales

Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

Continue Reading
Advertisement




Advertisement
Advertisement
Advertisement

Trending