How to Write a Statutory Declaration Supporting a CAC Registration Application - Your Definitive Guide for 2026 Success

Understanding the Statutory Declaration for CAC Registration

Welcome to BusinessHelp CONSULT, your trusted partner for navigating the intricacies of business registration in Nigeria. Today, we're diving deep into a crucial document often required during your Corporate Affairs Commission (CAC) registration process: the Statutory Declaration. While it might sound formal and complex, understanding how to properly prepare one is essential for a smooth and successful application.

A Statutory Declaration is a formal statement of fact, made in writing and solemnly declared to be true. Unlike an affidavit, which is sworn under oath, a statutory declaration is 'declared' before a person authorised by law to administer oaths, such as a Commissioner for Oaths or a Notary Public. It carries the same legal weight as an affidavit, meaning that if you intentionally make a false statement, you can face serious legal consequences, including perjury.

For your CAC registration, whether you are registering a new business name, a company, or making changes to an existing entity, there are specific instances where the CAC will require a Statutory Declaration. This document serves to formally confirm certain facts, clarify situations, or provide assurances that might not be readily apparent from other submitted documents. Our goal in this comprehensive guide is to demystify the process, providing you with a step-by-step approach to drafting a legally sound and acceptable Statutory Declaration.

Why is a Statutory Declaration Important for Your CAC Application?

• Confirmation of Facts: It formally confirms specific details or events that are critical to your registration but lack other official documentation.
• Clarification of Intent: It can be used to clarify your intentions, for example, regarding the use of a particular business name or the purpose of a company.
• Addressing Irregularities: In cases of lost documents, discrepancies, or special circumstances, a Statutory Declaration provides the necessary explanation and assurance.
• Legal Compliance: It ensures that your application meets all legal requirements set by the Companies and Allied Matters Act (CAMA) and CAC regulations.
• Expedited Processing: A well-prepared declaration can prevent delays and queries from the CAC, leading to faster approval of your application.

When is a Statutory Declaration Required for CAC Registration?

While not every CAC application requires a Statutory Declaration, there are several common scenarios where it becomes a mandatory component. Understanding these situations will help you prepare proactively and avoid unnecessary delays.

Common Scenarios Requiring a Statutory Declaration:

1. Change of Name Declaration:

   If you are applying to change the name of an existing company or business name, the CAC often requires a Statutory Declaration. This declaration typically states that the proposed new name does not infringe on any existing trademarks or business names, and that the change is being made in good faith and for legitimate reasons, not to defraud creditors or the public.

2. Declaration of Lost Original Certificate:

   Should your original Certificate of Incorporation or Business Name Registration be lost or destroyed, you will need to apply for a certified true copy (CTC) from the CAC. This application must be supported by a Statutory Declaration stating the circumstances of the loss, confirming that the certificate is indeed lost and not deliberately withheld, and affirming that you have made reasonable efforts to recover it.

3. Declaration of Discrepancy in Name or Details:

   Sometimes, there might be minor inconsistencies or errors in names (e.g., spelling mistakes in your name across different documents like your ID and the CAC records) or other personal details. A Statutory Declaration can be used to reconcile these discrepancies, stating that both versions refer to the same individual or entity.

4. Declaration for Special Purposes or Clauses:

   In certain complex company registrations, especially those with unique objectives or specific clauses in their Memorandum and Articles of Association (MEMART), the CAC might request a Statutory Declaration to clarify the intent behind these clauses or to confirm adherence to specific regulatory requirements.

5. Declaration of Compliance (for certain professional bodies):

   While the standard Statement of Compliance is usually integrated into the online application, for some regulated professions or entities, an additional Statutory Declaration might be required to affirm compliance with specific industry standards or ethical codes.

6. Declaration of Non-Indebtedness (less common, but possible):

   In very specific cases, particularly when winding up a company or transferring assets, a declaration might be requested to confirm that the company has no outstanding debts or liabilities that would impact the transaction.

It is always advisable to check the specific requirements for your particular CAC application on the official CAC portal or consult with a CAC-accredited agent like BusinessHelp CONSULT to confirm if a Statutory Declaration is needed.

Key Components of a Legally Sound Statutory Declaration

A Statutory Declaration, despite its formal nature, follows a fairly standard structure. Understanding these key components is the first step to drafting an effective document that the CAC will accept.

Essential Elements:

• The Heading: Clearly identifies the document as a "STATUTORY DECLARATION".
• Commencement Clause (Declarant's Details): This section introduces the person making the declaration (the Declarant). It includes their full name, address, occupation, and nationality. It typically starts with phrases like "I, [Full Name] of [Address], [Occupation], a citizen of Nigeria..."
• The Affirmation: This is the core statement where the Declarant solemnly declares the truth of the facts presented. It often uses phrases such as "DO SOLEMNLY AND SINCERELY DECLARE as follows:" or "DO HEREBY SOLEMNLY DECLARE and state as follows:"
• The Body of the Declaration (Facts Being Declared): This is where you clearly and concisely state the facts you are affirming. Each fact should ideally be presented in numbered paragraphs for clarity. Be specific, factual, and avoid ambiguity. This section must directly address the purpose for which the declaration is being made (e.g., the circumstances of a lost certificate, the reason for a name change, the clarification of a discrepancy).
• Statement of Truth/Concluding Clause: This re-affirms that the Declarant believes the statements made to be true. It typically ends with "And I make this solemn declaration conscientiously believing the same to be true and in accordance with the provisions of the Oaths Act, Cap O1, Laws of the Federation of Nigeria, 2004."
• Signature of Declarant: The Declarant must sign the document in the presence of the Commissioner for Oaths or Notary Public.
• Attestation by Commissioner for Oaths/Notary Public: This section is completed by the authorised official. It includes their signature, stamp, date, and sometimes their official designation and address. It usually starts with "DECLARED at [Location] this [Day] day of [Month], [Year] before me..."

Step-by-Step Guide to Writing Your Statutory Declaration

Now, let's walk through the process of writing your Statutory Declaration, ensuring every detail is captured accurately and in the correct format.

1. Step 1: Understand the Specific Requirement

   Before you even begin drafting, ensure you are absolutely clear on why the CAC requires a Statutory Declaration from you. Is it for a lost certificate? A name change? A discrepancy? The specific reason will dictate the content and focus of your declaration. Refer to the CAC's query or the relevant section of your application for precise guidance.

2. Step 2: Gather All Necessary Information and Documents

   Collect all relevant personal details and supporting documents. This includes:

   • Your full legal name, as it appears on official IDs.
   • Your current residential address.
   • Your occupation.
   • Your nationality.
   • Any relevant CAC registration numbers (RC No., BN No.).
   • Dates and details of events you are declaring (e.g., date of certificate loss, previous company name and new proposed name).
   • Copies of any existing documents that support your declaration (e.g., police report for lost items, previous certificates).

3. Step 3: Draft the Declaration (Section by Section)

   This is the core writing stage. Follow the structure outlined in the "Key Components" section.

   1. The Heading:

      At the very top, center-align and bold: STATUTORY DECLARATION

   2. Commencement Clause:

      Begin with your personal details. For example:

      "I, [Your Full Name], of [Your Full Residential Address, e.g., No. 15, Adewale Street, Ikeja, Lagos State], [Your Occupation, e.g., Business Owner/Consultant/Trader], a citizen of the Federal Republic of Nigeria, DO SOLEMNLY AND SINCERELY DECLARE as follows:"

   3. The Body of the Declaration (Facts):

      This is where you state the facts clearly and concisely. Use numbered paragraphs. Be direct and avoid emotional language. Here are examples for common scenarios:

      Example A: Lost Certificate of Incorporation

      "1. That I am a Director/Secretary/Proprietor of [Company/Business Name] with RC No. [Your RC/BN Number], duly registered with the Corporate Affairs Commission (CAC)."
      "2. That sometime in [Month, Year], the original Certificate of Incorporation/Business Name Registration of the aforementioned company/business name was misplaced/lost/stolen at [Location where it was lost, e.g., my office premises, during transit]."
      "3. That I have made diligent efforts to trace and recover the said certificate but to no avail."
      "4. That the said certificate has not been pledged, charged, or deposited with any person or institution as security or for any other purpose whatsoever."
      "5. That this declaration is made to enable the Corporate Affairs Commission to issue a Certified True Copy (CTC) of the Certificate of Incorporation/Business Name Registration."

      Example B: Change of Name

      "1. That I am a Director/Secretary/Proprietor of [Old Company/Business Name] with RC No. [Your RC/BN Number], duly registered with the Corporate Affairs Commission (CAC)."
      "2. That the company/business name wishes to change its name from [Old Company/Business Name] to [Proposed New Company/Business Name]."
      "3. That the proposed new name, [Proposed New Company/Business Name], does not infringe on any existing trademark, business name, or company name registered in Nigeria."
      "4. That the change of name is being made in good faith and for legitimate business reasons, and not to defraud creditors or the public."
      "5. That this declaration is made to support the application for change of name with the Corporate Affairs Commission."

      Example C: Discrepancy in Name

      "1. That I am [Your Full Name on ID], a Director/Shareholder/Proprietor of [Company/Business Name] with RC No. [Your RC/BN Number]."
      "2. That my name appears as [Name with Discrepancy, e.g., 'John P. Doe'] in some official documents, while in others, particularly my CAC registration, it appears as [Correct Name, e.g., 'John Peter Doe']."
      "3. That both names, 'John P. Doe' and 'John Peter Doe', refer to one and the same person, myself."
      "4. That this declaration is made to reconcile the discrepancy in my name and confirm my identity for all official purposes related to the Corporate Affairs Commission."

   4. Statement of Truth/Concluding Clause:

      This standard clause should always be included at the end:

      "And I make this solemn declaration conscientiously believing the same to be true and in accordance with the provisions of the Oaths Act, Cap O1, Laws of the Federation of Nigeria, 2004."

   5. Signature Lines:

      Leave space for your signature and the attestation. The format is typically:

      _________________________
      DECLARANT
      [Your Full Name]

      DECLARED at __________________
      this _______ day of __________, [CURRENT_YEAR]
      BEFORE ME

      _________________________
      COMMISSIONER FOR OATHS / NOTARY PUBLIC
      [Official Stamp]

4. Step 4: Review and Edit Thoroughly

   Accuracy is paramount. Before proceeding to swear the declaration, carefully review every word. Check for:

   • Spelling and Grammatical Errors: These can undermine the credibility of your document.
   • Accuracy of Facts: Ensure all names, dates, addresses, and registration numbers are precisely correct.
   • Clarity and Conciseness: The language should be straightforward and easy to understand. Avoid jargon where possible.
   • Completeness: Have you addressed all the points required by the CAC?
   • Consistency: Does the declaration align with other documents you are submitting?

   It's often helpful to have another person review it for fresh eyes.

5. Step 5: Visit a Commissioner for Oaths or Notary Public

   Once you are satisfied with the draft, you will need to present it to a Commissioner for Oaths or a Notary Public. These officials are usually found at:

   • High Courts
   • Magistrate Courts
   • Some legal firms (for Notary Public services)

   Remember to bring:

   • Your draft Statutory Declaration (usually two or three copies).
   • A valid means of identification (e.g., National ID Card, Driver's License, International Passport).
   • The required fee for swearing the declaration.

6. Step 6: Swear the Declaration

   In the presence of the Commissioner for Oaths or Notary Public, you will sign the declaration. The official will then sign and stamp the document, attesting that it was declared before them. They will usually ask you to confirm that you understand the contents and that you believe them to be true.

7. Step 7: Obtain Stamped Copies

   Ensure you receive at least one original stamped copy for your CAC application and another for your personal records. Sometimes, the CAC might require more than one original.

Essential Information Checklist for Your Statutory Declaration

To ensure your Statutory Declaration is complete and accurate, use this checklist. Missing any of these details can lead to rejection or queries from the CAC.

Common Mistakes to Avoid When Preparing Your Statutory Declaration

Even with a clear guide, it's easy to make small errors that can delay your CAC application. Be mindful of these common pitfalls:

• Incorrect Spelling or Typos: A single misspelled name or word can lead to rejection. Proofread meticulously.
• Inaccurate Information: Ensure all dates, addresses, and registration numbers are 100% correct and consistent with other documents.
• Vague or Ambiguous Statements: The declaration must be clear, direct, and leave no room for misinterpretation. Avoid generalities.
• Failure to State the Purpose Clearly: The declaration should explicitly state why it is being made and what it intends to achieve (e.g., "to enable the CAC to issue a CTC").
• Omitting Mandatory Clauses: The commencement and concluding clauses are standard legal requirements and must not be altered or omitted.
• Not Using Numbered Paragraphs for Facts: This makes the declaration difficult to read and understand, especially if there are multiple facts being declared.
• Signing Before the Commissioner for Oaths: You MUST sign the document in the presence of the authorised official, not beforehand.
• Using the Wrong Official: Ensure you are swearing before a duly appointed Commissioner for Oaths or Notary Public, not just any legal practitioner.
• Missing Official Stamp: The Commissioner for Oaths' or Notary Public's official stamp is crucial for the validity of the document.
• Not Obtaining Enough Copies: Always get at least two original stamped copies – one for CAC and one for your records.

The Role of the Commissioner for Oaths / Notary Public

The Commissioner for Oaths or Notary Public plays a vital role in the legal validity of your Statutory Declaration. Their primary function is to:

• Verify Identity: They confirm the identity of the person making the declaration.
• Witness Signature: They witness you signing the document, ensuring it is genuinely your signature.
• Administer Declaration: They ensure you understand the contents of the declaration and solemnly declare its truthfulness.
• Attest to the Declaration: By signing and stamping the document, they formally attest that the declaration was made before them in accordance with legal procedures.

They are not there to draft the document for you or to provide legal advice on its content, though some may offer such services for an additional fee. Their role is strictly to formalize the declaration process.

Cost Implications and Submission

The cost of swearing a Statutory Declaration is generally affordable. Fees vary depending on the court or legal firm, but typically range from N500 to N2,000 per copy. It's best to confirm the current fees at the specific court or office you intend to visit.

Once your Statutory Declaration is properly sworn and stamped, it becomes part of your supporting documents for your CAC application. You will typically upload a scanned copy of the original declaration to the CAC portal along with other required documents.

Conclusion: Your Path to a Seamless CAC Registration

A Statutory Declaration, when properly prepared, is a powerful tool for ensuring the accuracy and integrity of your CAC registration application. While it might seem like an extra step, understanding its purpose and following this guide will empower you to draft and process it efficiently.

At BusinessHelp CONSULT, we are committed to simplifying business processes for Nigerian entrepreneurs. By paying close attention to detail and adhering to the guidelines provided, you can confidently prepare your Statutory Declaration, paving the way for a smooth and successful interaction with the Corporate Affairs Commission. Remember, for any complex or unique situations, seeking professional guidance from accredited agents like us can provide invaluable support.