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CAC Issues Guidelines for Banks Recapitalisation, Merger

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The Corporate Affairs Commission has issued fresh guidelines to assist Deposit Money Banks in the ongoing recapitalisation. The commission, in a statement signed by its management and posted on its Facebook account on Friday, said the new directive is pursuant to its powers under Section 8 (1) (e) of the Companies and Allied Matters Act No. 3 of 2020, stressing immediate adherence to the policy.

It said the new guidelines were issued to guide proper filing for new incorporations, increase in share capitals, mergers and upgrade or downgrade of licence authorisation.

For new incorporations, the CAC stated that intending applicants must submit necessary requirements including, “An approved name reservation or availability, approval-in-principle from sector regulator, duly completed on-line incorporation form and payment of stamp duty and filing fees for the category of license authorisation.”

It added that a certificate of incorporation shall be issued within 24 hours for applications that satisfy all requirements for incorporation of companies prescribed in the, “Commission’s operations checklists available at www.cac.gov.ng/resources.”

Also, banking institutions seeking to increase their share capital through private placements, rights issues and/or offers for subscription must submit a duly signed company resolution, return of allotment and other statutory declaration by directors verifying that the issued share capital is fully paid- up

Other requirements include, “Notice of the fact that regulatory approval is required, an affidavit deposed to by a director of the company to the effect that regulatory approval is required for the increase, an amended memorandum of association reflecting the new share capital.

“Payment of stamp duties and filing fees, Issuance of a letter acknowledging notice of increase and requirement of regulatory approval, filing of regulatory approval and the issuance of a certificate of increase.”

Under this category, the commission warned that the notice of the fact that regulatory approval is required must be filed in accordance with the provisions of Section 127 (3), (4) & (5) of CAMA.

“Annual returns and information on persons with significant control must be filed up-to-date and certificate of increase shall be issued within 24 hours of filing of regulatory approval,” it said.

Similarly, small and medium banking institutions seeking to merge must submit duly signed special resolution for merger by each of the merging companies.

Other requirements are “the scheme of merger duly approved by the Securities and Exchange Commission.

“A certified true copy of court order authorising Extraordinary General Meeting of each of the merging companies. Evidence of publication of court ordered meeting in two newspapers and the Federal Gazette and a CTC of Court order sanctioning the Scheme of Merger.

“All enquiries and complaints on these guidelines and applications submitted in pursuance of the recapitalisation exercise should be addressed to [email protected] or call +234 816 920 9551,” the statement added.

Recall that the Central Bank of Nigeria in March 2024 directed all banks to increase their capital base for improved productivity.

The apex bank had directed commercial banks with international authorisation to increase their capital base to N500bn and national banks to N200bn.

It also said commercial banks with national licences must meet a N200bn threshold, while those with regional authorisation are expected to achieve a N50bn capital floor.

This process has commenced fully with banks issuing public offers and rights issues to meet the two-year target.


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E-Financial

Nigerian Banks Lose N42.6Bn to Fraud in Q2 2024 –  FITC

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Financial Institutions Training Centre (FITC), has reported an 8,993 per cent  rise in fraud losses in Nigeria banks, totaling N42.6 billion in  second quarter of this year.

Nigerian Banks Lose N42.6Bn to Fraud in Q2 2024 -  FITC

The report noted that the amount lost between April and June 2024 alone exceeded the N9.4 billion lost to fraud by the banks throughout the entire 2023.

According to the FITC Report on Fraud and Forgeries, Quarter 2, 2024, which was released on Saturday, the Q2 loss shows an 8,993 per cent increase in loss when compared with the N468.4 million lost in Q1 2024.

This also represents a 637 per cent increase when compared with the N5.7 billion loss recorded in Q2 2023.

FITC said ‘miscellaneous and other fraud’ types constituted the largest loss, representing 96.46 per cent of the total amount lost, with a value of N41.14 billion.

This was followed by losses from fraudulent withdrawals and computer/web fraud, amounting to approximately N781.2million and N400.7million, respectively.

The FITC report stated that there was a staggering 1,784 per cent increase in the total amount involved in fraud cases from Q1 to Q2 2024, with the sum escalating from N2.9billion to approximately N56.3billion in Q2.

The increase via cash is likely to be fuelled by the demand for cash ransom for kidnapped citizens by bandits.

A further analysis of the data shows a significant rise in the amount lost across all channels, except for mobile fraud, which recorded a decline.

In terms of magnitude, losses through bank branch-related channels rose by 31,497 per cent to a value of N42.2 billion in Q2 from N133.9 million in Q1 2024.

Additionally, computer/web frauds also saw a monumental increase of 1,560 per cent, with losses growing from N24million to N400.8million.

However, there was no indication of the amount lost due to ATM-related fraud, while mobile fraud recorded a decline in the amount lost from the previous quarter, decreasing by 59 per cent from N216.4 million in Q1 to N88.7 million in Q2 2024.

During the second quarter of 2024, fraudulent activities were carried out through various channels, including ATMs, online platforms like web and mobile banking, bank branches, and point-of-sale (POS) terminals.

Among instruments used, card fraud recorded a significant decrease, declining by 47.66 per cent. from 21,469 in Q1 to 11,237 in Q2.

In contrast, fraudulent activity involving cheques and cash increased by 36.67 per cent and 9.09 per cent, respectively, with cheques surging from 30 cases in Q1 to 41 cases in Q2, while the use of cash rose from 209 in the first quarter of 2024 to 228 in the second quarter of 2024.

With the staggering increase in losses to fraud, the FITC advised the banks to enhance their monitoring and auditing procedures.

According to the Centre, deposit money institutions can utilize AI-driven tools that flag unusual entries or patterns to implement continuous and automated monitoring systems that can detect anomalies or discrepancies in settlement files.

Additionally, regular unannounced internal audits focusing specifically on settlement processes can be conducted to identify and address any irregularities promptly.

“Access controls should also be strengthened by limiting access to settlement files to only a small, vetted group of authorised personnel given the appropriate clearance and are regularly trained on the latest security protocols.

“The implementation of multi-factor authentication (MFA) and role-based access controls (RBAC) can aid the reduction of the risk of unauthorised changes to settlement files,” FITC stated.

 


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Huawei Wins $3m Cloud Computing Contract from UBA

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Huawei has won a $3 million cloud computing contract from the United Bank for Africa (UBA), which will see Huawei provide UBA, one of Nigeria’s largest financial institutions, with 200 petabytes of storage, as well as cloud computing solutions.

Huawei Wins $3m Cloud Computing Contract from UBA

 

The deal is particularly notable given IBM’s longstanding stronghold on Nigeria’s banking sector.

UBA reportedly chose Huawei for its more cost-effective and scalable offering, which comes as UBA’s existing infrastructure was reaching capacity.

Zhang Li, VP of Huawei Cloud Africa, said of the deal: “This is a milestone achievement for Huawei Cloud in Nigeria and Africa at large. UBA is a key player in the African banking industry, and we are excited to help them drive digital transformation. We believe this partnership will be a game-changer for the financial sector in Africa.”

The contract will help UBA with its digital transformation efforts and is hoped to improve its operational efficiency, data storage, and customer experience.

UBA had previously relied on IBM and VMware for storage and virtualization technologies. However, VMware’s shift to a subscription model following the acquisition by Broadcom saw licensing costs for UBA nearly triple.

This is the second cloud migration story we have covered this week alone that cites the Broadcom/VMware acquisition as a motivating factor, the other being the University of Waikato.

Other banks in Nigeria including Zenith Bank, Fidelity, Opay, and First Bank are also adopting Huawei’s cloud computing solutions, some opting for a hybrid approach by also using IBM’s technology for critical workloads.

Huawei is reportedly in talks with a least one other major Nigerian bank for cloud and storage services.


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SEC Says 50 Crypto Exchanges have Applied for Licenses

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Dr. Emonotimi Agama, director-general, Securities Exchange Commission (SEC), has disclosed that 50 cryptocurrency exchanges have applied for operational licences in the country.

SEC Says 50 Crypto Exchanges have Applied for Licenses

Agama who spoke during a fireside chat at the BusinessDay Blockchain Conference in Lagos recently, said the commission received “50 applications and has accepted seven firms into its programmes”.

“Our work at the SEC is to protect investors and foster market development,” he said.

“The commission is open to innovation. Businesses must meet regulatory and compliance requirements to ensure the growth of a stable and sustainable digital economy.”

According to him, the government is receptive to crypto and blockchain because it has seen the country’s youths adopt the technology.

Agama added that the pace of acceptance of digital assets may vary across different sectors but will eventually happen.

“For innovators, we encourage you to seize the opportunity to develop blockchain solutions tailored to Africa’s unique needs,” he said.

“Focus on solving real-world problems, such as financial exclusion, inefficient supply chains, and lack of transparency in governance.”

Recall that SEC had on August 29, granted Busha Digital Limited and Quidax Technologies Limited “approval-in-principle” to commence operation under the accelerated regulatory incubation programme (ARIP).

The ARIP was introduced by the SEC to onboard firms that had already begun operations before the release of the rules on virtual asset service providers in May 2022

The commission equally introduced the regulatory incubation programme (RIP) designed to evaluate the business models of digital asset firms and allow them to test their products, services, and technology in a real-world market environment under the regulator’s close supervision.

The commission also said additional licence applications were being assessed and that approvals-in-principle would be granted on a case-by-case basis once the requirements were met.

However, on September 4, SEC clarified that it has not yet fully licenced any cryptocurrency exchange.

On his part, Buchi Okoro, chief executive officer (CEO) of Quidax, said regulation helps check operators’ activity in the space and protect investors.

 

 

 

 

 


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