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RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
1.-(1) There is established the Unclaimed Dividend and Abandoned Property Trust Fund (in
this Bill referred to as "the Fund") into which shall be paid-
2. The Fund-
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its corporate name; and
(c) may hold or dispose of movable and immovable property.
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A BILL FOR AN ACT TO ESTABLISH THE UNCLAIMED DIVIDENDS AND ABANDONED PROPERTY TRUST FUND CHARGED WITH THE RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
(1) There is established for the Fund a Governing Board (in this Bill referred to as "Board").
Cessation of membership.
3.- (1) A member shall cease to hold office if he-
(a) becomes of unsound mind;
(b) becomes bankrupt or makes a compromise with his creditors;
(c) is convicted of a felony or any offence involving dishonesty;
(d) commits serious misconduct in relation to his duties; or
(e) is involved in any corrupt practice.
(2) Where a vacancy occurs in the membership of the Board it shall be filled by the
appointment of a successors to hold office for the remainder of the term of his predecessor
and the successors shall represent the same interest.
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A BILL FOR AN ACT TO ESTABLISH THE UNCLAIMED DIVIDENDS AND ABANDONED PROPERTY TRUST FUND CHARGED WITH THE RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
(ii) carryout any other activity that is connected with the objects of this
Bill; and
(iii) maintain a website with database of all unclaimed or abandoned property.
(b) be the Chief Executive Officer responsible for the day -to- day administration of the
Fund;
(c) be the Secretary of the Board;
(d) possess skills and 15 years cognate experience and knowledge in tax administration and
financial management; and
(e) hold office for a period of 5 years in the first instance and may be eligible for re-
appointment for a further term of 5 years only and on such terms and Conditions as to
emoluments condition, of service as may be Specified in his letter of appointment.
(2) The Director - General shall, subject to the general Control of the Board, be responsible
for-
(a) keeping records of proceedings of the Board;
(b) implementing the policies and decision, of the Board; and
(c) the direction and Control of other employees of the Fund.
(2) Without prejudice to the provisions of subsection (1) of this section, nothing in this Bill
shall prevent the appointment to any office on terms which prelude the grant of pensions
and benefits in respect of that office.
(3) For the purpose of the application of the Provisions of the Pension Reform Act any
Power exercised by the Minister or other authority of the Federal Government, is vested in,
and shall be exercised by the Fund.
Financial provisions
8.-(1) The Fund shall establish and maintain an account to be known as investment
account into which shall be Paid in the following
(a) all Outstanding unclaimed dividends held by public companies or dissolved public
companies and their agents declared within 30 years preceding the commencement of this
Bill; and
(b) all abandoned and dormant bank deposits and investments within 30 years proceedings
the commencement of this Bill.
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A BILL FOR AN ACT TO ESTABLISH THE UNCLAIMED DIVIDENDS AND ABANDONED PROPERTY TRUST FUND CHARGED WITH THE RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
(2) The Fund shall establish and maintain a fund which shall consist-
(a) such sum as may, from time to time, be provided by the Federal Government for the
running of the expenses of the Fund;
(b) interest and returns on investment of recovered dividends and abandoned deposits;
(c) such fees as may be determined by the Fund; and
(d) such other sums as may accrue to the Fund either in the execution of its functions under
this Bill or in respect of any property vested in the Fund.
Application of funds
9. The Fund may, from time to time, apply the proceeds of the monies Application of funds
established in section 8 (2) of this Bill to-
(a) meet the cost of administration of the Fund;
(b) reimburse members of the Board or any committee set up by the Fund the expenses
authorized or approved by the Fund;
(c) the payment of salaries, fees or other remunerations, allowances and pension payable to
members and employees of the Fund;
(d) the maintenance of any property acquired by or vested in the Fund;
(e) all or any of the functions of the Funds under this Bill or any matter connected with
those functions.
(2) The Fund shall keep proper account in form which conforms to accepted accounting
standards and proper records related to it.
(3) The account of the Fund shall be audited at the end of each calendar year by auditors
appointed from the list and in accordance with the guidelines supplied by the Auditor-
General of the Federation and the fees of auditors and expenses shall be paid from the
funds of the Fund.
Annual Reports
12. The Fund shall, not later than six months after the end of each preceding year, submit
to the Minister annual reports and shall include in the report the audited account of the
Fund and the comments thereon.
Power to borrow
13. The Fund may, from time to time, borrow otherwise, such sums as it may require for
the performance of its functions.
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A BILL FOR AN ACT TO ESTABLISH THE UNCLAIMED DIVIDENDS AND ABANDONED PROPERTY TRUST FUND CHARGED WITH THE RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
(b) may apply to voluntarily declare a property as unclaimed or abandoned property before
the period specified under this Bill.
Service of documents
16. A notice, summons or other document required or authorized to be served upon the
Fund under the provisions of this Bill or any other law or enactment may be served by
delivering it to the Director-General at the principal office of the Fund.
(2) A judgment sum awarded against the Fund by a court of competent jurisdiction shall,
subject to any direction given, be paid from the proceeds of the Fund.
Indemnity of officers
18. Member of the Board, the Director- General, any officer or employee of the Fund
shall be indemnified out of the assets of the Fund against any proceeding, whether civil or
criminal, in which judgment is given in his favour, or in which he is acquitted, if any such
proceeding is brought against him in his capacity as member of the Board, Director -
General, officer or employee of the Fund.
(b) willfully makes a false entry in any record required to be produced under that section
with intent to deceive or makes use of any such entry which he knows to be false commits
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A BILL FOR AN ACT TO ESTABLISH THE UNCLAIMED DIVIDENDS AND ABANDONED PROPERTY TRUST FUND CHARGED WITH THE RESPONSIBILITY FOR
IDENTIFYING AND MAINTAINING DATABASE OF UNCLAIMED DIVIDENDS, ABANDONED PROPERTY AND INVESTMENT IN BANKS, FINANCIAL INSTITUTIONS AND
PUBLIC COMPANIES IN NIGERIA; AND FOR RELATED MATTERS,2010 (HB. 319)
(3) Where an offence under this Bill is committed by a body corporate and it is proved to
have been committed with the consent or connivance of, or to be attributed to any neglect
on the pan of any director, manager, secretary or other similar officer of the body corporate
(or any person purporting to act any such capacity) he, as well as the body corporate, shall
be deemed to be guilty of the offence and may be proceeded against and punished
accordingly.
Regulations
The Board may, with the approval of the Minister, make regulations to give effect to the
provisions of this Bill.
Interpretation
22. In this Bill -
"Member" means a member of the Board and includes the Chairman; "Minister" means the
Minister responsible for finance;
"Property" includes-
(a) residual property from businesses (corporation, societies and cooperatives) stock from
the corporate registry;
(b) property of persons who died with no known heirs or address; or
(c) property remaining unclaimed after 5 years and these assets become the property of the
Fund for onward remittance to the beneficiary any day he emerges;
"Public companies" means public companies within the meaning of the Companies and Allied
Matters Act; and
Citation
23. This Bill may be cited as the Unclaimed Dividends and Abandoned Property Trust Fund
(Establishment Etc.) Bill, 2009.
EXPLANATORY MEMORANDUM
This Bill seeks to establish the Unclaimed Dividends anc. Abandoned Property Trust Fund to
take over and administer unclaimed and abandoned property lying idle in companies
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