Foundation Articles of Association are essential constitutional documents required under Nigerian law for establishing and operating a charitable foundation. This document must comply with the Companies and Allied Matters Act (CAMA) 2020 and is filed with the Corporate Affairs Commission (CAC) during the foundation's registration process. The Articles define the foundation's charitable purposes, governance structure, operational procedures, and mechanisms for oversight. They serve as a binding agreement between the foundation and regulatory authorities, establishing the legal framework within which the foundation must operate. This document is crucial for organizations seeking to establish a charitable presence in Nigeria and must be carefully drafted to ensure both legal compliance and operational effectiveness.
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1. Name and Registered Office: States the foundation's name and registered address in Nigeria
2. Objects of the Foundation: Detailed description of the foundation's purposes, aims, and charitable objectives
3. Powers: Enumeration of the legal powers the foundation has to carry out its objects
4. Limitation on Private Benefits: Provisions ensuring the foundation's assets and income are used solely for charitable purposes
5. Trustees: Provisions regarding appointment, removal, and powers of trustees
6. Board of Directors: Structure, composition, and responsibilities of the board
7. Meetings: Rules for conducting board meetings, general meetings, and decision-making processes
8. Financial Provisions: Rules regarding financial management, accounts, and auditing
9. Amendment of Articles: Procedures for modifying the Articles of Association
10. Dissolution: Procedures for winding up and asset distribution
1. Advisory Board: Creates an advisory board structure - include when the foundation wants external expert guidance
2. International Operations: Provisions for operating internationally - include for foundations with cross-border activities
3. Branch Offices: Rules for establishing and managing branch offices - include if multiple locations are planned
4. Endowment Management: Specific rules for managing endowment funds - include if the foundation will have substantial endowment
5. Conflict Resolution: Detailed dispute resolution procedures - include for larger foundations with complex stakeholder relationships
6. Beneficiary Selection Criteria: Detailed criteria for selecting beneficiaries - include when specific selection processes are needed
1. Schedule 1: Initial Trustees: List of founding trustees with their details and declarations
2. Schedule 2: Powers of Trustees: Detailed enumeration of specific powers granted to trustees
3. Schedule 3: Board Procedures: Detailed procedures for board meetings and decision-making
4. Schedule 4: Financial Rules: Detailed financial management procedures and controls
5. Appendix A: Conflicts of Interest Policy: Detailed policy for managing conflicts of interest
6. Appendix B: Code of Conduct: Ethical guidelines for trustees and officers
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