The 2020 CAMA and Beneficial Ownership in the Extractive Industry
Communications
3 September 2020
By Charles Uche ESQ
Incorporating and fronting companies is a convenient and effective way of concealing identity, engaging in illicit transactions and evading liabilities. In many countries, a company can be formed without disclosing the identity of the individual who ultimately controls or profits from the business, i.e., the beneficial owner. Criminals and politically exposed persons (PEPs) can assign “nominee” shareholders to be listed on official documents or can list other legal entities (other companies can be shareholders in a company) as the “owners,” thereby creating a chain of companies–often across borders–that can be difficult for investigators and law enforcement to trace and recover.
Connected Development (CODE), has over the year, through its Conflict & Fragility project, in partnership with Oxfam-in-Nigeria advocated for a robust beneficial Ownership transparency through the instrumentality of a robust legislation as an essential means for combating corruption, stemming illicit financial flows, and fighting tax evasion. While many initiatives exist to maintain and disclose beneficial owners of companies in Nigeria, like the Beneficial Ownership Register launched by Nigeria Extractive Industries Transparency Initiative (NEITI) in December 2019, none of them until the enactment of the 2020 Companies and Allied Matters Act (CAMA) had the statutory backing for enforcement.
Documents from Panama papers on Dan Etete and Kolawole Aluko can be used as classical case studies in demonstrating how these two individuals, like many others, capitalised on the non-existent or fragile regulatory framework in Nigeria’s extractive “oil & gas” sector to launder money and evade liabilities which has cost the Nigerian government and people revenue in the billions of dollars. Till date, none of the aforementioned persons has been successfully prosecuted and convicted partly due to concealment of identities and fronting of shell companies in their transactions. Shell companies are legal entities “companies” that are non-operational and lack assets or staff. They are conveniently used by money launderers to keep their identities hidden while they engage in illicit transactions across borders and evade tax.
Dan Etete: Dan Etete, a former Petroleum Minister under Nigerias Dictator Head-of-State, Gen. Sani Abacha had in 1998, incorporated a Shell company named “Malabu Oil & Gas Limited” using a fictitious name “Kweku Amafegha”, with few other persons, while he was the ultimate and beneficial owner of the company – though his real name did not appear in any official documents. Five days after he incorporated this company, he, as Petroleum Minister, awarded this company an oil block “OPL 245”. He used this shell company to launder money across the Nigerian border and acquire luxurious assets, while escaping liabilities.
Kolawole Aluko: Kola Aluko is a businessman and oil executive. Media reports have described Aluko as a key ally to Alison-Madueke, a relationship both have previously denied. He rose to prominence around 2011 when Nigeria’s government awarded two companies he founded or owned valuable oil blocks on a no-bid basis. One of his companies, Atlantic Energy, was created the day before it inked the deals to acquire multimillion-dollar oil licenses.
In Nigeria, only a member of a Public Company (PLC) was under obligation, under the old 1990 CAMA, to disclose in writing when required, the capacity in which he holds any shares in the company; either as a beneficial owner or as a nominee of an interested person. See Sections 94-98, old CAMA.
The 2020 CAMA in section 119 has extended such obligation (to disclose the particulars of shareholding by notifying the company) to persons with significant control in all companies. Similarly, as provided in section 120 of the new CAMA, a person who is a substantial shareholder in a public company and holding (either by himself or by his nominee/proxy) shares in the company which entitle him to exercise at least five per cent (5%) of the unrestricted voting rights at any general meeting of the company, is required to disclose such holding by notifying the company within a stipulated time.
This new disclosure provisions are poised to enhance transparency and prevent asset shielding as well as combat money laundering, terrorism financing and all forms of illicit financial flows by legal entities having limited liability.
While there is no gainsaying that the above disclosure provisions would enhance transparency and accountability in the Extractive sector in Nigeria, especially in the Petroleum Industry, as many of the oil and gas companies are private limited liability companies (LTD); many of which have ‘rightly’ escaped disclosure obligations with no legal sanction – there is also an urgent need for the enactment of the Petroleum Industry Governance Bill (PIGB) which has as one of its core objectives – “to promote transparency and accountability in the administration of petroleum resources of Nigeria”.
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Gould һas “retail” in hiѕ DNA.
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“Ӏ startеd іn thee lawn and garden industry
Ƅut expanded my horizons early on,” saіd Gould, CEO ɑnd founder of Nutritional Products International, а
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“I woгked wіth Igloo, Sunbeam, Remington — аll major brands that have been leaders іn the consumer goods industry.”
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“Ι realized early tthe nutritional supplements ѡere mսch mⲟre thann jᥙst multivitamins,” Gould ѕaid.
“American consumers ԝere ready to tɑke dietary supplements аnd health and wellness products into a ᴡhole new level
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Gould soloidified һis success in the health and wellness industry through
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tһe online giant wɑѕ adding every day in tһe еarly 2000s.
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“Ꭲһis was capitalism аt itts beѕt. Amazon demanded neѡ high-quality dietary supplements, ɑnd we suppliied tһem witgh morе than 150 brands and products,” he
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The “Powerhouse Trifecta” ԝorked out so weol that Gould eventually hired Fernandez tο work fⲟr NPI, ᴡhere he is now president оff
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After hiѕ success ѡith Amazon, Gould founded NPI ɑnd solidified һis pⅼace in the dietary supplement and heallth andd wellneess sectors.
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Tо proide ɑll thе brands’ services, Gould founded а
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“I sɑw the compnies wastiung thousands of dollars оn Madison Avenje marketing campaigns
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InHealth Media ｒecently increased its marketing
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Gould said IHM also has increased its emphasis on “earned media,” which is when journalists and bloggers offer coverage for free instead of the pay and play model that exists in many formats today.
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NPI works with large and small product manufacturers.
“We emphasize timeliness and affordability,” he said. “We know all the costs, so there are no surprises. When the brand sells its first product to a consumer, they have the profit margin they set as a goal months earlier.”
Gould is proud of his “Evolution of Distribution” platform.
“I developed it to help international brands succeed,” Gould said.
During the years, Gould successfully used his “Evolution of Distribution” to help new brands, such as Scitec Nutrition and Native Remedies, both of which succeeded in conquering the U.S. market..
“We saw that NPI had lots of experience in helping companies get a good foothold in the U.S. Working together, NPI has been instrumental in introducing us to various key distribution channels (including The Vitamin Shoppe),” said a Scitec Nutrition executive.
Native Remedies also benefited from NPI’s “Evolution of Distribution.”
“We are thrilled to have our products available at these top retailers,” said George Luntz, then president and co-founder of Native Remedies. “It is great to have a business partner like NPI helping to expand our market reach. We expect this to be a banner year for us.”
Gould said he is proud that these companies succeeded with NPI’s help.
“This is what NPI does,” Gould said. “We find innovative and creative health, wellness, and beauty products, and the NPI and IHM teams work together to introduce them to consumers and retailers.”
For more information, call 561-544-0719 or visit nutricompany.com.
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