- INTRODUCTION
Establishing a construction consulting firm in Nigeria offers significant potential in a rapidly developing infrastructure landscape. These firms play a vital role in the planning, design, and execution of construction projects by offering specialized expertise in areas such as design, project management, feasibility analysis, budgeting, and supervision.
A construction firm is generally involved in the building of structures such as residential buildings, commercial buildings, industrial buildings etc.
A construction consulting firm, however, provides professional advisory services across all stages of a construction project without necessarily engaging in the actual building process.
- MINIMUM SHARE CAPITAL
The minimum share capital required for incorporating a construction consulting firm depends on the type of business structure:
- For a partnership consulting company, the minimum share capital is Two Million.
- For an individual consulting Firm, the minimum share capital is Five Hundred.
- For a corporate Consulting Firm, the minimum share capital is Five Million.
These capital thresholds must be reflected in the incorporation documents submitted to the Corporate Affairs Commission (CAC).
- REQUIREMENTS FOR INCORPORATION WITH CAC
Incorporating a construction consulting firm follows the general procedures applicable to all Nigerian companies. The key requirements include:
- Two proposed names for the company: these names will be submitted to the CAC for name search, screening and approval. Upon approval, the promoters may proceed to register the company with the approved name.
- Proposed registered address, email address and phone number of the company.
- Details of the Shareholders, Director(s) and Company Secretary to include their names, Contract/Home address, Email address, Phone number, Date of birth, Occupation, National Identification Number (NIN), and electronic signature respectively. Please note that for foreigners, an international passport will be sufficient as a means of identification.
- Object of company: The company must be registered as a company engaged in the business of football and related business activities.
- POST-INCORPORATION REGISTRATION & APPROVAL REQUIRED
Following CAC incorporation, several statutory and professional registrations must be completed to ensure full compliance and legitimacy:
- Registration with COREN
Registration with the Council for the Regulation of Engineering in Nigeria (COREN) is mandatory. COREN is the statutory body responsible for regulating engineering practice in Nigeria. Any firm intending to offer engineering or construction consultancy services must be registered with COREN.
Registration categories include:
- Sole Ownership
- Partnership
- Limited Liability Firms
- Corporate Firms
The following are the requirements for registration with COREN as a construction consulting firm.
SOLE OWNERSHIP
- All applications must be done through the COREN PORTAL.
- Must be owned by a COREN Registered Engineer who must be up to date with his practicing fee payment.
- Certificate of Incorporation (CAC Document).
- CAC form 10 (Annual Returns).
- Mandate Form.
- Business Name Document.
- Company Profile (Maximum five (5) pages).
- CV, COREN Certificate and Current practicing license of the principal partner.
- Statement of consultancy experience.
- Certificate from a proposing firm.
- ACEN Certificate.
PARTNERSHIP
- All applications must be done through the COREN PORTAL.
- To be owned by two or more registered engineers who must be up to date in the payment of their practising fees.
- Certificate of Incorporation (CAC Document).
- CAC form 10 (Annual Returns).
- Mandate Form.
- Partnership deed.
- Company Profile (Maximum five (5) pages).
- CV and COREN Certificate of principal partners and current practicing license of principal partner.
- Statement of consultancy experience.
- Certificate from a proposing firm.
- ACEN Certificate.
LIMITED LIABILITY FIRMS/COMPANIES
- All applications must be done through the COREN PORTAL.
- Directors on the board who are registered Engineers must be shareholders of the firm and hold at least 55% shares.
- COREN registered Engineer(s) must own 50% of shares.
- Certificate of Incorporation (CAC document).
- CAC Form 2, 7 and 10.
- Company Profile (Maximum five (5) pages) Mandate Form.
- Memorandum of article and association (Max 5 pages).
- CV, and COREN certificate of the principal partners and current practicing license.
- ACEN Certificate.
- Statement of consultancy experience.
- Certificate from a proposing firm.
CORPORATE FIRM
- All applications must be done through the COREN PORTAL.
- Certificate of Incorporation (CAC document).
- CAC Form 2, 7 and 10.
- Company Profile (Maximum five (5) pages) Mandate Form.
- Memorandum of article and association (Max 5 pages).
- CV, and COREN certificate of the principal partners and current practicing license.
- ACEN certificate of all incorporated companies Statement of consultancy experience.
- Certificate from a proposing firm.
SPECIAL REQUIREMENT FOR ALL CATEGORIES
- The Principal Partners must have been registered engineer(s) for at least 10 years and must be Nigerians with total shareholding of 55% minimum.
- He/she /they must have worked under the supervision of senior engineers or in organizations with the competence to provide training in the discipline of interest for at least 5 years.
- He/she/they shall show evidence of technical expertise by providing certified records of studies, designs and supervised works.
- A reference letter from a COREN-registered consulting firm with a current practicing license
- proposing the firm for registration.
- Verifiable office space and personnel disposition befitting a consulting firm.
REGISTRATION OF FOREIGN-OWNED FIRMS
Definition
Foreign Firms are defined as firms that are fully owned by one or more foreign nationals having a minimum of 55% shares and registered with CAC, and also having a minimum of 90% of their engineering staff from Nigeria (this is only applicable where special expertise is needed and not available locally).
REQUIREMENTS FOR REGISTRATION OF FOREIGN-OWNED FIRMS
- Completed COREN Application Form.
- Certification of Registration with CAC
- Brochure of the Company
- CAC form C02
- CAC form C07
- CAC form 10 (Annual Return)
- Curriculum Vitae, Registration Certificates and current practicing licenses of Engineers on the Board of the Firm.
- Payment of appropriate application fees.
- Evidence that 90% of all cadres of registered engineering practitioners are Nigerians.
- Obtaining an Environmental Impact Assessment Permit from the Federal Ministry of Environment.
It is mandatory for any construction consulting firm that will engage in the construction or erection of any building to obtain the Environmental Impact Assessment Permit (EIA Permit) for every project in order to ensure compliance with regulations, mitigate potential environmental risks, and promote informed decision-making in project planning. This also helps to protect natural habitats, reduce community safety hazards, and ensure long-term sustainability for future generations.
The following are the requirements for obtaining an EIA Permit
- Submission of a project proposal
- A duly completed EIA notification form
- Payment of the required application fee
- Land-use Map of the proposed project area to enable an initial environmental examination (screening) of the project to be carried out.
Note: The proposal and supplementary documents shall be addressed to the minister at the Abuja Headquarters office & uploaded via the available electronic portal of the ministry.
- Registration with the Special Control Unit against Money Laundering.
It is mandatory for construction consulting firms to obtain special control unit against money laundering (SCUML) certificate in order to comply with regulatory requirements and demonstrate their commitment to combating money laundering and terrorist financing in Nigeria. This registration process enhances transparency and accountability within the business landscape, ensuring that the firm’s operations are not used for illegal activities.
The following are the requirements for obtaining SCUML
- Incorporation documents;
- Proof of tax registration;
- BVN of a director of the company;
- Valid means of identification of a director of the company
- Registration with the National Data Protection Commission.
It is mandatory for firms and companies that deal with information and sensitive data to register with the Nigeria Data Protection Commission (NDPC). This is because the NDPC is responsible for safeguarding data privacy and ensuring compliance with data protection regulations.
The following are the requirements for registration with NDPC
- Data Protection Policy;
- Data Retention Policy;
- Password Protection Policy;
- Employee Handbook;
- Subject Access Request Procedure;
- Information Security Policies;
- Data Breach Incident Management Procedure;
- Data Protection Impact Assessment;
- Number of data processed by the company;
- Details of the Data Protection Officer of the Company (inclusive of credentials).
Incorporating a construction consulting firm in Nigeria requires more than just business registration; it involves navigating a series of regulatory and professional certifications that ensure legal compliance, industry credibility, and operational integrity. From CAC incorporation to COREN licensing, environmental approvals, and data protection compliance, these steps collectively build a reputable and legally recognized consulting business.
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About KORIAT & CO.
We are a commercial law firm with head office in Lagos, Nigeria. We assist clients from different nationalities in company registration and processing of business licence in Nigeria, Ghana, Kenya, Rwanda and Uganda. We also provide company secretarial services and general legal support for registered businesses.
The above article is not legal advice and does not automatically make our readers our clients unless they specifically instruct us to act or represent them in any way.
Please contact Koriat & Co. through admin@koriatlaw.com or 09067842241 (also WhatsApp) if you require additional information about or assistance in registering or getting a fintech licence in either payment or lending sectors.
