The first, non-negotiable step to building a legitimate mining business in Nigeria is not found underground; it’s at the Corporate Affairs Commission (CAC). Your CAC registration is your company’s legal identity, and without it, you cannot obtain a mining lease, open a corporate bank account, or legally engage in any mineral-related activity.
This guide provides a definitive breakdown of the five key documents you need to successfully register a mining company with the CAC, ensuring your business is established on a foundation of legal and regulatory excellence.
The Fundamental Requirement: You Must Be a Limited Company
Before we dive into the documents, it is crucial to understand that under the Nigerian Minerals and Mining Act, only a company incorporated as a Limited Liability Company (LTD) is eligible to hold a mineral title. A business name is not sufficient, and attempting to operate with one will lead to a swift and often costly encounter with regulatory bodies.
The 5 Key Documents You Need
While the CAC portal simplifies the process, your application’s success hinges on a flawless submission of these five critical documents and details.
1. Memorandum and Articles of Association (MEMART)
The MEMART is your company’s constitution. For a mining company, the “objects clause” in your memorandum must explicitly state that the company’s purpose is to engage in the business of mineral exploration, mining, processing, marketing, and trading. Without this specific wording, the application may be queried or rejected by the CAC, as it must align with the nature of the business to be registered.
2. CAC Forms
These forms capture the core details of your company. You will need:
- CAC Form 1.1: For new companies, this is the consolidated pre-registration form that contains all the details of your company.
- Particulars of Directors: The CAC requires full details of all directors and shareholders, including their names, addresses, phone numbers, and a valid means of identification (e.g., NIN, Driver’s License, International Passport).
3. Certificate of Incorporation
This is the final, official document issued by the CAC upon successful registration. It is your company’s birth certificate and the single most important document you will need for all subsequent licenses and permits, including your Mineral Export License from the Ministry of Solid Minerals Development (MSMD).
4. Tax Identification Number (TIN) Slip
The TIN is a mandatory post-incorporation requirement from the Federal Inland Revenue Service (FIRS). It is your company’s unique identifier for all tax purposes and is an essential document for opening a corporate bank account and engaging in any legal business transaction in Nigeria.
5. SCUML Certificate
This is a critical, and often overlooked, requirement for mining companies. The Special Control Unit Against Money Laundering (SCUML), a unit of the EFCC, classifies mining as a “Designated Non-Financial Business and Profession” (DNFBP) due to its cash-intensive nature. The SCUML certificate is now mandatory for opening and operating a corporate bank account. Without it, you cannot conduct legitimate financial transactions, making it an indispensable part of your legal setup.
Navigating this process can be complicated, but it doesn’t have to be. Our service, Mining & Mineral Trading Company Setup (Nigeria), offers a seamless, done-for-you solution. We handle every detail, from company name search and MEMART drafting to final registration, ensuring your business is established on a solid legal foundation.
Once your business is legally registered, the Nigerian Mineral Exchange provides a platform for you to sell your legally-sourced minerals to a global audience, turning your compliance into a competitive advantage.
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