Newsletters
Mitigating the Effects of Foreign Exchange Rate Risk on Business Transactions with the Use of Financial Derivatives
1. INTRODUCTION In November 2014, in the midst of falling crude oil prices, the Central Bank of Nigeria (CBN) devalued the naira from N155 per US dollar to N168.[1] Since then the interbank rate at which banks trade has fluctuated between N188 to N206 per dollar.[2] In...
Debt Pushdown: A Means to Avoid Financial Assistance?
1. Introduction For acquisitions in Nigeria, a key issue that resonates particularly in providing sufficient comfort to lenders in financing acquisitions is the concern of Financial Assistance. Nigerian law prohibits taking of security over the assets of a Target...
The Declaration of Transitional Electricity Market (TEM) and Stakeholder Expectations for the Nigerian Electricity Supply Industry (NESI)
A. Introduction One of the objectives of the electricity sector reform, which commenced in 2001, is to create efficient market structures, within clear regulatory frameworks, that encourage competitive markets for electricity generation and trading. In line with this...
Collateral Registry Regulation: Impact on Micro, Small and Medium Enterprises’ Access to Finance
BACKGROUND In most jurisdictions across the globe, the creation of security interests in moveable properties are nearly or just as common and acceptable as real property especially amongst individuals and small businesses given that such security interests are more accessible...
Strata Title and the Nigerian Real Estate Sector
1. INTRODUCTION Strata title is a hybrid property ownership scheme that combines individual and communal interest in land and improvements thereon in a clearly severable manner. It takes the form of land and buildings subdivided into units/lots which are held...
Pioneer Status in Nigeria: Recent Developments and Effects on Investments in Nigeria
Background At the end of the Federal Government’s State Visit to Beijing, China in July 2013, while addressing the international media on the attractions of Nigeria as an investment haven, the Minister of Industry, Trade and Investment, Mr. Olusegun Aganga, described Nigeria...
Key Commercial Issues Arising from the Guidelines on the Farm Out and Operation of Marginal Fields 2013
BACKGROUND Sequel to the announcement of the Marginal Fields Licensing Round 2013 (“Licensing Round”) by the Minister of Petroleum Resources, the Department of Petroleum Resources (“DPR”) released the Guidelines for Farmout and Operation of Marginal Fields (“the Guidelines”),...
Impact of the Implementation of Basel II in the Nigerian Banking Sector
Introduction The Central Bank of Nigeria (CBN) on 10th December, 2013, announced the implementation of the Basel II and III recommendations of the Basel Committee on Banking Supervision (BCBS) with effect from January 2014. All commercial banks licensed by the CBN will be...
Nigeria PPP Review Volume 2 Issue1
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Financial Assistance in Acquisition and Structured Financing
Introduction Over the years, the prohibition on financial assistance in respect to acquisition and structured finance transactions has often come into question. This was most evident during the recent privatization exercise conducted in the Nigerian Electricity Power Sector...
Judicial Endorsement of the Sanctity of PPP Contracts
INTRODUCTION From a private sector perspective, political risk is one of the most significant considerations in a Public Private Partnership (PPP) project. Political risk refers to government’s lack of commitment to a project which may manifest as an outright cancellation or...
Transfer Pricing Regulation – Impact on Entities Transacting Business in Nigeria
HISTORY Transfer Pricing (TP) is the process of setting the mechanism for the transfer of goods and services[1] between related entities[2] in a manner that ensures fair pricing and arms length dealing [3]. Simply put, related party transactions are compared with other third...
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