Law

LSP033: Infant and Formation of a Company

A company is one of the business organizations recognized in Nigeria. A company, when incorporated, becomes a legal person separate from those who incorporated it.

Section 18(1) of the Companies and Allied Matters Act (CAMA) provides for the minimum numbers of two people needed before the incorporation of a company. However, if the company to be incorporated is a private company, then one person can form such a company. See Section 18(2).

The general rule is that an infant cannot join in the formation of a company unless the two other subscribers are not disqualified. In context, a mother and her 15 years old child cannot form a company in Nigeria because one of the parties is below the statutory age. However, if there is a presence of a third qualified party, such a child can join in the formation.

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