a. The Constitution of the Federal Republic of Nigeria has key features/ characteristics.

Required: State THREE features/characteristics of the Constitution.

b. In the cyber security space, persons entrusted with personal data have key duties.

Required: State THREE duties of a person that is entrusted with personal data.                                                                                           c. The distinctions between a fixed charge and a floating charge underscore the advantages of each. Required: Explain FOUR advantages of a floating charge.

d. The Companies and Allied Matters Act 2020 specifies business names that must be registered with the Corporate Affairs Commission (CAC).

Required: State the business names that must be registered with the CAC.

a. The characteristics of the Constitution of the Federal Republic of Nigeria are as follows: i. Written form and rigidity; ii. Federalism; iii. Separation of powers; iv. It enshrines Fundamental rights enshrining, and v. Supremacy.

b. The duties of a person entrusted with personal data are as follows: i. Duty not to disclose the data to another person without the consent of the data controller; ii. Duty of care over the data; and iii. Duty of accountability for his acts and omissions in respect of the data.

c. The advantages of a floating charge are as follows:

i. It is a valuable means by which a company operating as a going concern could raise money on the security of its assets while preserving the power of the company to deal with the assets in the ordinary course of business; ii. It offers the most convenient way of creating security over a company’s assets where the company has little or no fixed assets but carries a large and valuable stock in trade. This is significant

because the stock in trade on the assets to be turned over in the course of business has made the creation of a fixed charge impracticable, since the consent of the fixed charge would have to be sought and obtained for the company to be able to sell any asset; iii. A floating charge enables stocks to be turned over in the ordinary course of the company’s business and “attaches to whatever it is converted into and to whatever new stock is acquired” without any difficulty; iv. A floating charge affords an unsecured creditor some protection upon crystallization. It gives the floating charge a measure of control over the company. It enables the company to report regularly to the charge if the company gets into financial difficulties and enables the charge to be privy to management decisions; and v. A floating charge is also an incentive to creditors to give larger credit to a going concern as it expands with the consequent accrued profits from interest to the creditor. The facts that the company can deal with the charged property that are due in the ordinary course of business makes it possible to create a subsequent fixed legal or equitable charge over the floating charge unless the latter provides otherwise.

Under the Companies and Allied Matters Act, the following are the business names that must be registered:

i. A name that is not the true surname and forenames or initials of all the partners; ii. In the case of an individual, a name that does not consist of her true surname and forenames or initials; or

iii. In the case of a company, a name that does not consist of its corporate name without an addition.

However, registration shall not be required if the addition to the names simply indicates that the business is carried on in succession to a former owner of the business.

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