To register a Non-governmental organisation in Cameroon,you would first need to register an association.Below are the requirements you need to establish an association and a few tips on how to move from an association to a Non_government organisation.

Information Required.

1.Name of the association.
2.Name and address of Founder/Coordinator/President.
3.Name and address of members.
4.The purpose or objective of the association.
5.Desired headquarters.

Documents Required.

1. Application or motivation letter(to be stamped dutied).

2. Certified National Identity card of each member.

3. Localisation plan of members.

4. 2 copies of the organisation’s constitution.

5. 2 copies of minutes of meeting.

TAKE NOTICE, that your associations will not automatically gain status of a Non-governmental organisation upon registration .This will be possible only after three years of active operation.

Tips on how to move from an association to a Non-governmental organisation in 3years.

○Hold seminars, make donations etc.

○Take pictures during activities carried out or organised by the association.

○Register your association’s details in the visitor’s book of every school or orphanage you visit.

○Follow up to get it done.

Need help with the registration of your association?Please book a session with us or contact us on 656899294.

By Barrister Fru Shella.


 

 

A Tenancy agreement is one of the documents required for incorporation,whenever I send a mail to my clients on the checklist for registration of their company,they always get skeptical about what a tenancy agreement is and how it looks like,I know the doubt comes in when it is requested as a document for incorporation.But hi guys!! a tenancy agreement doesn’t become extraordinary or changes form just because,it is required for incorporation.

Do not panic,like the name denotes a tenancy agreement is simply a contract between you, a tenant and your landlord/landlady which give birth to rights and obligations.

The only difference is at the level of the purpose for rent where the premises will either be use for residential or commercial purposes.

Below is a sample of a tenancy agreement for residential purpose.
In need of a tenancy agreement for commercial purpose?Contact your lawyer or simply contact us for any assistance.

STEPS TO TAKE IN THE ACQUISITION OF LAND IN CAMEROON

1.VISIT THE LAND.

It is important to visit the land you will like to buy( avoid delegating the inspection to a third party).Inorder to carry out investigation and find out;
A.If there are any incumbrances on the land.

•Find out if the land is mortgaged
•Ask if there is any dispute or pending litigation over the land.
•Check if there is any building or sand on the land.
•If the land is accessible.
•Avoid land beside rivers etc as this will be considered government land.

B.Inquire about the mercurial of the zone.

This will aid in the Negociation e.g the price of land in Bastos can not be thesame like that in Nkoulfoulou or Tchinga village.While the mercurial at Ngousso is presently at 20,000frs/m2 that of Nkoulfoulou is still at 6000frs/m2.

C.Visit the land with a Land surveyor for confirmation of specifications.

2.AFTER VISITING THE LOCUS IN QUO(the land).
Inquire from the vendor if he is the proprietor of the land or simply a vendor.

A.Where he declares to be the proprietor of the land.
•Request he produces the Certificate of ownership(Certificat de proprièté) alongside his National Identity Card to ensure that he is intact the real owner of the land.

B.Where he is simply a vendor.
Demand for the power of attorney delegating such powers to him,his National identity card and the Number on the land title(Numero du Titre Foncier).

3.VISIT THE LAND REGISTRY.

Go to the land Registry(Conservation Foncier)with the number of the land title(avec me numero duTitre Foncier)for investigation.

4.VISIT A NOTARY..

Note that in cases of buying and selling of land the vendee is to pick a Notary of his choice.
You are to pay for the land only before a Notary Public.After which the Notary will draft a Sales Agreement or Deed of conveyance(Acte de vente) and hand to the vendee.

Purview of my competence as a Notary Public of the South West Region.

By Shella Fru esq

A subsidiary or daughter company is a company that is owned or controlled by another company, which is called the parent or holding company.

A Holding company must hold more than 50% shares in another company known as a subsidiary company. The purpose of the holding company is to control, acquire assets and manage the affairs of the subsidiary company. It must maintain a controlling share of the subsidiary company to retain its status and to be able to prevail on the subsidiary company.

BASIC REQUIREMENTS FOR THE REGISTRATION OF A HOLDING COMPANY.

1.The applicant is to bring a formal application for Consent to use the word “Holding” in the name of the company.

2.There must be evidence of at least, 2 subsidiary companies, which must be Limited Liability Companies whose controlling stakes are being held by the applying company.OR

3.Statement by the majority of the Directors of the proposed holding company that the company shall acquire more than half in the nominal value of the share capital of each of the subsidiaries within 90 days of incorporation of the Holding Company.

4.The applicant is to provide evidence of updated annual returns of the existing subsidiary company.

5.A power of attorney given powers to the lawyer for representation.

Need help  registering  a holding company.Book a session with us.Call us on +237656899294.

 To register a company in Cameroon investors are adviced to produce the following informations and documents to their lawyers.

INFORMATION REQUIRED.

1.The name of the company.
2.The name and address of the shareholders.
3.The object of the company.
4.The percentage of shares(if any)
5.The documents required.
6.Desired Headquarters

DOCUMENTS REQUIRED

1.Drop money at the Notary to get a notarial statement of subscription and payment.

2.Copies of Article of association and memorandum( to be notarized).

3.The certificate of shares( to be notarized).

4.Judicial extracts of partners and managers.

5.Localization papers by tax office ensure it is signed.

6.Copies of tenancy agreement which is to be notarized and stamped dutied.

7.Photocopies of Identity Cards of partners and managers.

8.Certified true copies of National Identity cards of partners and managers.

9.Copies of Non-Conviction of each shareholder.

10.Marriage certificate(where applicable)

You are adviced to hire a lawyer for representation and follow up,as the documents may differ in certain situations.

By Shella Fru esq

 

Adoption is a very unique area of the law considering the emotional investment for families and the adoptive child,you need a lawyer that combines excessive


experience,skills with compassion and understanding of your situation.

An adoption order made in respect of a child confers on the child full member rights and privileges as if they had been born to the adoptive family.

Where an individual desire’s to adopt a child our family expert files a petition before the High court of place of residence of the child to be adopted.

Required documents for adoption in Cameroon.

1.Certified copy of applicants identification.

2.Certified copy of the child’s birth certificate.

3.Adoptive parents proof of residence.

4.Copy of criminal records of the applicant.

5.Biographic information of adoptive parents/parent.
6.Evidence of finance or income.

7.Legal authorisation from biological parents.

8.Medical certificate

9.Notarized affidavit of support of the child from adoptive parents.

10.Report of social home study.

The material contained herein is for informational purpose and does not constitute legal advice as each situation is unique and you should not act or rely on any information contained herein without seeking the advice of an experienced family lawyer.

 

Black law dictionary defines partnership as a voluntary contract between two or more competent persons to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them.

Partnership Agreement  on the other hand is an express or implied agreement made between two or more parties, depicting their entry in to a for profit business and making them official partners. The agreement depicts the nature of business, their profit sharing ratio, the capital put up by each partner as well as their duties and responsibilities. A valid partnership might exist between partners without any partnership agreement.

If you are starting a business with a partner or you are already in business and you intend bringing a partner on board,below are some relevant questions you should take into consideration.

1.Is my business ready for a partnership?

What this question simply addresses is whether or not you are willing to give what it takes to sustain the interest of your intended partner.Understand that no partner comes aboard a business without expecting something in return.Unfortunately,this is where most business partnerships encounter problems .People go into partnerships for the wrong reasons,they are only interested in the perks that come with partnerships.Creating a partnership entails giving up a degree of your ownership rights to the business.Be absolutely sure that you and your business are ready for that before going in.

2.DOES MY INTENDED PARTNER COMPLEMENT MY EFFORTS?

Creating business partnership is beyond the coming together of two human beings to start a venture,In making a choice for a partner it is recommended you look out for people who may not necessarily possess similar temperaments as yourself but people with diverse traits.

The last thing you need in your business are people who can perform similar roles as yourself.There is beauty in diversity.

However,all prospective partners must show a strong sense of commitment to making the venture work from the onset.

3.What contribution does my intended partner bring to the table?

Please,ensure that you and your intended partner spell out your contributions to the business before a partnership is formed.Contributions could come in several ways financial or capital work force or both.

All forms of capital contribution must be clearly spelt out and calculated.The ability of business partners to provide clear information on this regard would help in providing clear information on what to expect as their return in investment.

4.HOW DO WE RESOLVE LEGAL DISPUTES?

In any enterprise where two or more persons co-exist,disputes are bound to happen imagine you had a fall out with your business partner and you opt to settle your dispute by way of court litigation.

I don’t need to describe the extent of damage such process would do to the business.That is why i always advice my clients especially those in business to opt for A.D.R as against litigation.

Partners can determine how or where they wish to resolve future disputes as regard the business before a dispute occurs.I strongly recommend that an issue of such nature be considered and agreed on when partners are on best of terms as they stand a chance of been favourably disposed to any issue at that stage.

Alternative means of resolving disputes are cost and time effective and proceedings are confidential in nature.

5.How do we measure our commitment to our business partnership goals?

By all means ensure that you and your partners are committed to the success of the business in the first place.You do this by setting out goals for the business,how to achieve them as well as timelines for achieving them.

This helps in ensuring all hands are dedicated to see the business venture succeed.Starting out with a partner requires hard work and mutual commitment by both parties,such business stands a greater chance of success.

6.How do you ensure that all partners keep to their end of the bargain?

Nothing compels commitment to a business like partnership than a written contract (i mean a written contract not oral no matter the person you are planning to venture with)reflecting the intentions of all concerned parties.Where a written partnership agreement is created by both parties the law and the courts respect such agreements and is restrained from interfering with the decision of both parties.

where a partner fails to fulfill his obligation in such agreement,the other partner can ask the court or any panel entrusted by parties with resolving disputes for an order compelling a defaulting partner to act according to the terms of an existing agreement.

Need help  venturing into a business partnership?Need assistance in drating your Partnership Agreement book a session with us.

Every up and coming artiste who can’t sponsor his/her music career seeks a recording deal. A recording deal that will cover the costs of production, promotion, video shoot, etc. might sound like a saviour to one who believes that they can’t’ ’break in’’ to the mainstream on their funds. However, these days I’d advise any up and coming to push themselves as far as they can through personal funds, lots of collaboration, networking, etc. so that they can leverage better when a deal comes knocking on their doors. Now, let’s look at some definitions of what a recording deal is below;

According to Wikipedia, a recording contract (commonly called a record contract or record deal) is a legal agreement between a record label and a recording artiste (or group), where the artiste makes a record (or series of records) for the label to sell and promote. LawDepot defines a recording contract, or a record deal as an agreement that record labels use to assert their ownership of the product of a recording session (the master recording) and their licensing rights in the promotion of the record. Having understood the literal definition of our topic, our next unbundling of knowledge are the types of deals available to an unsigned artiste.

Some of the most common types of deals that are obtainable in the industry are:

1) The Exclusive Recording Contract:

This is a type of contract where an artiste signs to a label for a certain term to exclusively produce a certain number of master recordings which will be summed up as an album. Such deals comes with an advance or sign up fee which is recoupable upon album sales, licensing, publishing etc. In this kinda deal, the label doesn’t exploit other commercial avenues of the artiste as their revenue generation is stricto sensu from the master recordings.

2) The 360 deals:

A 360 deal as the name implies is a deal which covers all potential commercial avenues that an artiste can earn. It includes the regular streams like album sales, publishing in addition to streams like merchandising, live appearances, endorsements, etc. This type of deal is premised on the grounds that if a record label can break an artiste into main stream, then they should be entitled to some percentage off the revenue from that talent. Also, this type of deals helps labels recoup their advances if an album doesn’t do well in the market due to reasons like piracy which is plaguing the Cameroon music scene.

3) The Singles Deal:

The singles deal is fast becoming a norm because of how albums are slowly fading and labels are trying to risk wisely. The deal is one whereby the label agrees to fund a number of singles from the artiste before they sign the artiste. It could be to see how the artiste improves over time before they are totally convinced that he is a good investment.

4) Ep Deal:

The label unsure of an artiste can decide to promote and distribute the artiste’s Ep. Upon the success of the Ep, the label may decide to then officially offer an exclusive deal or something much bigger to the artiste.

Certainly, more types of deals can be found in the music industry but the above four are prevalent. They should however suit your career. Also, endeavour you have an experienced entertainment lawyer who can guide you and advise on what’s best or suits your career.

Keep a date with me as I take you on the essentials of a music deal on my next article.

Culled from Henry Ezikeoha

The material contained herein is provided for informational purposes only and does not constitute as legal advice, nor is it a substitute for obtaining legal advice from a practicing lawyer. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced entertainment lawyer. 

 

 The World intellectual property Organisation defines Trademarks as expressions ,denominations or signs,it may constitute;a sign,words(uncluding company names,surnames,forenames,geographic names or any other words or set of words,brand,heading,level signature,letters,numbers or combinations thereof, 

Registration of trademarks within the CEMAC Region are done at the African Intellectual Property Organisation(OAPI) ,and the fees demanded for the registration depends on whether the Trademark or brand is coloured or not.For coloured trademarks  you pay in 450,000frs(Four Hundred and fifty thousand Francs) and 400.000frs(Four Hundred thousands)Francs for non coloured.

I have had a couple of clients, Cameroonian start ups contact me with the intention of registering their Trademarks or Brand ,they come to me all excited and with alot of enthusiasm but once the Registration fee is mentioned,you see them shrink and quickly shy away from undertaking the process of protecting their ideas and this is rather unfortunate as their ideas,logo or brands are valuable property assets,calling card and ideally one way in which the public always will remember or make mention of.

 

Here are a few reasons why you should have your trademarks Registered.

1.It allows the business owner or organisation to have exclusive use of the trademark.It is imperative that you register it because non registration will suggest that you do not have exclusive right to use it,this means that if someone were to use thesame mark as you and go ahead to register it without your knowledge then that person will exclusive right over it and not you,therefore it is paramount that you register your trademark.

2.You avoid answering and paying damages to any third party claiming trademark infringements.

3.It allows you have use of your trademark.

4.You can take legal action against anyone who uses your trademark without your permission,sell and/or license.

5.Your trademark allows customers to find and identify your products.

6.Gives assurance that there is a conflicting trademark.

 Official registration of a trademark attracts a number of other legal benefits as well….we will be happy to discuss them with you.

by
Fru Shella Chi esq

 

 

An affidavit is a written statement of facts that the maker swears to be true to the best of his or her knowledge, belief or information.
The statement is sworn to before either a commissioner of oath or a Notary public. There exist different types of affidavit’s including affidavits used in court proceedings and affidavits used out of court proceedings.
Note that if a false testimony is given in an affidavit, the deponent will be prosecuted for perjury or giving false statements under oath.
 How to draft an affidavit in Cameroon

1.The heading.
An affidavit must carry the caption of where or whom the affidavit is being deposed to.
Sample;

IN THE HIGH COURT OF THE MEZAM DIVISION
HOLDEN AT BAMENDA

 

IN THE SUPREME COURT OF CAMEROON
COMMON LAW DIVISION
HOLDEN AT MFOUNDI

 

                                                         

2. Determine the title of the affidavit.

The title itself must state what type of affidavit it is e.g Affidavit of sponsorship, Affidavit of change of name, Affidavit of Gift, Affidavit of Age, Affidavit of support, etc
Sample;
                                              IN THE MATTER OF AFFIDAVIT OF SUPPORT

                                                                                   OR
                                                              AFFIDAVIT OF SUPPORT 

2.The introductory paragraph of the affidavit.

It introduces the person and personal information of the deponent.

Sample;
I……………….(NAME OF DEPONENT)female, Christian, adult,(PROFESSION),(NATIONALITY)do make an oath and state as follows;

3. Write an opening sentence.

Sample;

That I am the deponent to this affidavit.

Note that from this point it is important to start numbering the paragraphs.

4. Outline the facts to be stated in the affidavit in numbered paragraphs.

Outline only facts that are relevant and important and disregard those that are not.

5. Attest to the truthfulness of the affidavit.

Confirm that the affidavit is true and the law that gives the affidavit legal backing.
Sample;
That I make this affidavit in good faith believing the same to be true in accordance to…

6.Date and sign out

Insert the date of the affidavit and create the signature block that is the space where the deponent, and the commissioner of oath or notary public signs.

Sample;

Dated this…..day of……2019
Sworn to at the high court registry
BEFORE ME
………………………..

                          COMMISSIONER OF OATH                 

 

I hope I was helpful….. so when next you are asked to produce an affidavit in Cameroon, no need to panic. You just draft using this sample.This sample is more useful to law students, aspirant to the bar and new wigs.Persons or students in need of an affidavit should know that each situation is unique and you can not solely rely on the information contained therein please contact a lawyer or  simply contact us to assist you with the attestation and drafting of your affidavit.