Incorporated Trustees Registration

An Incorporated Trustee refers to a group of individuals appointed to manage the affairs of a non-profit organization, foundation, or trust. Once registered, they operate as a single legal entity under Nigerian law.

A Non-profit Organization is a type of entity established for purposes other than making a profit. NPOs operate in areas such as charity, education, religion, social welfare, and environmental conservation.

Registration as an Incorporated Trustee grants legal recognition to your organization, providing benefits such as limited liability protection, access to funding opportunities, and credibility in the eyes of donors and stakeholders.

• Proposed Name (3) of the Trust, Society, Religious or charitable establishments
  Proposed Address.
• Documentation of Trustees – Name, Sex, DoB, Telephone number, Nationality, Address, Occupation, Email, Proof of ID.
• Details of Principal Officers – Chairman, Secretary, Treasurer, etc.
• Aims and Objectives of Organisation.
• Publication of Notices in three national dailies - To notify the public of the intention to register the NGO, the name of the NGO, Trustees, aims and objectives, and calls for objections to its registration within 28 days of publication. 
• Constitution of the Organization - which will contain the rules that will guide the NGO’s internal affairs and operations. It is expected to include the aims and objectives, statement of purpose, governance structure, a list of the members of the Board of Trustees, and so on.
• Extract the minutes of the general meeting appointing trustees and adopting the special clause rules into the constitution.
• Extract of Minutes of Meeting for the adoption of the special clause into the constitution.
• The common seal - The impression of the common seal will be needed on the minutes, the application form, and some other documents.

There are three major steps that appear on the timeline of registration of an NGO.

• The first step is the name search which takes approximately 24 hours or less.
• The second step is newspaper publication. After the newspaper publication, trustees must wait for 28 days before taking any further steps.
• At the expiration of the 28 days, we file all documents, and the application if not queried would be approved within a week or two.
   

The total period to register an NGO in Nigeria is approximately two months.

Anyone can be appointed a trustee in so far as the person is not an infant or a person of unsound mind.

Also, an undischarged bankrupt can neither be a trustee nor can a person who has been convicted of fraud or dishonesty within the last five years before his proposed appointment.

Anyone who is appointed a trustee must give his consent otherwise his appointment would be invalid.

The following classifications shall apply to incorporated trustees;

1) Religious
2) Educational
3) Literary
4) Scientific
5) Social
6) Developmental
7) Cultural
8) Sporting
9) Charitable
10) Others.

The key difference between an incorporated trustee and a company limited by guarantee lies in their legal structure and operational focus.

An incorporated trustee is a legal entity established for non-profit purposes, managed by appointed trustees and governed by a constitution. It primarily engages in charitable, religious, educational, or social activities and relies on donations and grants for financing.

On the other hand, a company limited by guarantee operates similarly to a traditional company but with members acting as guarantors committing to pay a nominal amount in the event of winding up.

While both serve non-profit objectives, the incorporated trustee is specifically designed for trustee governance of non-profit organizations, whereas the company limited by guarantee operates under a more commercial structure with member guarantors.