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Nairametrics
Home Business News

How Outdated Regulations May Be Restricting SME Growth in Nigeria-SEC

Chacha Wabara by Chacha Wabara
August 16, 2016
in Business News, Spotlight
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The Securities and Exchange Commission (SEC) has disclosed that the current regulations governing the raising of funds in financial markets may be restricting growth of SMEs in the country. Citing the example of the Companies and Allied Matters Act, 1990 and the Investment and Securities Act, 2007, the Director-General of SEC, Mounir Gwarzo stated that SMEs and other corporate entities could not source for funds through crowdfunding as is currently the trend in other continents.

‘We are aware of the growing interests among Nigerians to use crowdfunding as a means of raising funds. However, that cannot materialize now given the legal challenges as a result of the provisions of CAMA and ISA.’ ThisDay quotes Gwarzo as saying

Crowdfunding is a source of alternative finance concept where a large number of people, called the crowd are solicited upon to contribute towards funding of a corporate entity with the prospect of getting something in return. The crowdfunding model has 3 main parties, the project initiator who comes up with the idea to be funded, the individuals or groups who support the idea, and a moderating organization or the platform that brings the parties together to launch the idea.

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The concept is very common in developed nations with over 1000 crowdfunding websites existing, essentially making it a multi-billion-dollar industry. In 2015, the USA alone was estimated as generating $34 billion through crowdfunding.

The appeal of a form of crowdfunding, equity crowdfunding, to Nigerian businesses is high considering that crowdfunding represents a way of raising cash for business outside the formal lending sources, who usually consider SMEs as high risk or whose interest rates are usually too high for entrepreneurs. In addition, the recent growth of online platforms suggests that several individuals and businesses in the country will be interested in using this medium.

The current rules regulating the sale and/or exchange of securities b public companies contain no rules allowing for, or regulating the practice of crowdfunding. CAMA which regulates the formation and operation of companies and enterprises in Nigeria contains provisions that restrict the transfer of shares and invitations to the public to subscribe for shares.

Gwarzo however, calmed nerves as he said the Commission is currently looking for ways to ensure that SMEs and other businesses enjoy the provision of crowdfunding. ThisDay reports that the DG confirmed that the SEC was studying the rules governing crowdfunding in nations where the concept has worked with the aim of developing a conducive and safe framework and environment for the practice in Nigeria.

News Team/ThisDay

 

Chacha Wabara

Chacha Wabara

Chacha Wabara-Ogbobine is a Legal practitioner with over 9years post call experience. A research Consultant, professional writer and a blogger at heart,owner of four thriving websites with well over 10years of experience. Totally in love with keeping fit and coaching weight loss enthusiasts. I love my quiet time, being with my kids, watching TV series for hours on end.

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Comments 1

  1. Anodebenze says:
    August 18, 2016 at 11:37 am

    we shall see or not.Crowd funding is the same,it’s a form of venture or asset fund management company,for the last 7 yrs this crowd funding became a new tread,it’s like the Jamaican woman Grace Jones becoming this two American kid girls the cyrus kid or lady gaga all joined together.
    I do not understand why the Nigerian sec do not give more power and publicity to the second tier of the nigerian stockmarket,which may requires a new set of rules.A FORM OF FILTER AND BANK OF IDEA WITH POTENTIAL OF COMMERCIAL SUCEESS,WHICH COULD LINKED TO THE CBN/GOVT SCHEME OF GRADUATE ENTERPRENUER ,an investor with shares in this company will loses about 100 naira, if this company fail,an average salary in Nigeria is about 20,000 a month minimum,this company will or can raises about 10 million naira.
    now look at this govt Amcon,it is losing money,and it is weighing govt down,why the govt restructure those debten company,and sell them off to (1)principal core investor (2) management buyout,the rest percentage will be floated in the stock market,then govt will get their money back.with this core investor they can own about 30 % to 40 % with borrowed money or not,ordinary shareholder will own the rest including institional investor,they will pursue and pressurizes the core investor and management to push the company to perform ,to protect their investment.
    With management,the board or management will be given shares option in the stock market,the sec will grade and rates the percentage of management shares option,so that the management will have a stake in the company,to push the management perform,the govt amcon will take a lieu or encumberance on the managent private owned cars or homes or property.if govt wanted to give a management buy-out,they give give then 1000 % & borrowing.yo can get 1000 % in the money market through financial derivation..
    Most management have better skills and experiences than those core principal investor,they will protect the legacy of the company,a company do have more asset then the value of the company,a principal who borrows money to buy a company,will strip the company down,and will sack worker,to make the company profitable.this is human nature.

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