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How To Register A Licensed Shipping Company and Joint Venture Vessel for Cabotage Waivers, HMOs In Nigeria

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Maritime Law :- How To Register A Licensed Shipping Company In Nigeria & Register a Joint Venture Vessel For a Cabotage Waiver

This article will be dealing with the registration of shipping companies in Nigeria and its regulatory requirements. Shipping companies are corporate entities engaged in rendering services revolving around the transportation of cargo by sea or from port to port.

We will thus be looking at the provisions of the regulatory framework on shipping company registration in Nigeria as follows :-

Which agency is in charge of shipping company registration in Nigeria?

The Nigerian Maritime Administration and Safety Agency (NIMASA) is statutorily empowered with jurisdiction over the licensing and registration of shipping companies in Nigeria.

What is the minimum share capital for shipping companies in Nigeria?

The minimum share capital for shipping companies in Nigeria is 25 Million Naira.

What are the requirements for applying for registration as a shipping company in Nigeria?

– An application letter

– A receipt of payment for 110,000.00 Naira being the combined regulatory registration and application fee.

– A copy of the applicant’s memorandum and articles of association (MEMART)

– Evidence of filing annual returns

– Bank reference

– A current tax clearance certificate

– An audited account ir financial statement of account (you will need a financial statement if your company is less than 18 months old and audit reports if your company is over 18 months old).

What are the requirements for Cabotage waivers involving Joint Venture Vessels?

– Relevant Cabotage application forms

– A certificate of registry

– A detailed crew list

–  A certificate of minimum safe manning

– Evidence of NIMASA registration

– A copy of the Joint Venture agreement

– Copies of the applicant’s memorandum and articles of association (MEMART)

– A Certified True Copy (CTC) of the Certificate of Incorporation of the applicant

– A current tax clearance certificate.

How To Set Up A Licensed Health Maintenance Organization (HMO) In Nigeria

A Health Maintenance Organization (HMO) is a company registered solely to manage the provision of healthcare services through health care facilities.

This article will be looking at how to register a HMO and the overall regulatory framework governing the creation/registration of HMOs in Nigeria.

Who is eligible to set up a HMO in Nigeria?

– Any group of people or an organization of individuals of proven and impeccable character may be eligible to firm a company and apply for registration as a HMO.

Which agency is in charge of regulating the registration of HMOs in Nigeria?

HMOs are regulated in Nigeria by the National Health Insurance Scheme (NHIS).

What are the functions of HMOs in Nigeria?

– The collection of contributions from registered employers and employees under private health insurance where applicable.

– The collection of contributions from voluntary contributors.

– Effect timely payments to primary facilities and fee-for-service to secondary and tertiary facilities.

– Ensure effective processing of claims (secondary services).

– Rendering to the scheme monthly returns on capitation and fee-for-service payment within 30 days of the following month.

– Collection & Submission of encounter date forms from Healthcare facilities to the NHIS.

What are the requirements for high-level employees of HMOs (Directors, CEOs, Managers or Secretaries) in Nigeria?

– No HMO shall appoint or have I Its employment a director, Chief Executive, manager or secretary if he :-

a). is of unsound mind or incapacitated by ill-health;

b). is convicted of any offence involving dishonesty or fraud;

c). is not a fit and proper person for the position;

d). is guilty if serious misconduct in relation to his duties.

What are the regulatory requirements for shareholders of a HMO in Nigeria?

– A company seeking HMO licensing shall have a minimum of 7(Seven) shareholders of proven integrity.

– The NHIS shall have the right to investigate their sources of funds.

– The NHIS shall have the right to conduct a background check on the shareholders.

– State governments may invest in HMOs. Such HMOs must meet all NHIS requirements and shall be accredited by NHIS.

What is the minimum share capital for HMOs in Nigeria?

The share capital requirements for HMOs in Nigeria are :-

– State HMOs – 100 Million Naira

– Zonal HMOs – 200 Million Naira

– National HMOs – 400 Million Naira

What are the regulatory requirements for HMOs regarding drug administration?

– HMOs should ensure that facilities adhere to the generic drug policy of the scheme.

– The NHIS shall negotiate the prices of drugs to ensure availability of drugs at affordable costs.

– The NHIS, HMOs & pharmacy facilities shall co-operate to build acceptable channels for the distribution of drugs and materials to eliminate fake & counterfeit drugs.

– The NHIS shall adopt drug utilization review programs in order to streamline the management of pharmaceutical care services.

The Importance of Building a Productivity-Centric Workplace Culture

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Have you ever sat down to look at your staff list and ask how they contribute to the bottom line? If you are an entrepreneur who has fallen into tough times in the past, you must have done this at least once. Some employers go as far as to ask the employees one after the other, mostly out of frustration. But maybe the critical question is – how did you get there in the first place?

How did you end up with many employees who may be engaged in some activities but are not contributing to the bottom line?

It starts with your recruitment

The right people may be beneficial, but employing them at the right time is also critical. The first step in recruiting anyone should be determining what they would do for your company and how it would either reduce losses, increase profits, or help better utilize other resources. From that point, you should be able to determine what precisely the new hire would be doing in the first month after resumption.

If, before hiring, you cannot spell out what a typical work day would look like for that staff or what KPIs would be measured at the end of the month, then maybe it is not yet time to hire for that role. You cannot hire staff without clear job descriptions and turn around to harass the staff for not contributing to the bottom line.

Some employers rush to recruit when they think one person is overwhelmed with work. Ultimately, they recruit a staff they cannot fully engage to be productive for the business.

Define Your Core Values and entrench productivity

Every successful company is built on a foundation of core values. These values form the backbone of your organization’s culture. Entrepreneurs should take the time to define their values and communicate them clearly to all team members. This helps in aligning everyone toward a common goal and work ethic.

At the core, you should be able to create an environment where innovation, productivity, and collaboration thrive. Do away with office politics and clarify from the beginning that people will be rewarded for their work, not necessarily how friendly they are with the management.

Lead by Example

As an entrepreneur, you are the cultural architect of your company. Your behavior and work ethic will set the standard for your employees. Leading by example, demonstrating your commitment to productivity, and maintaining a solid work ethic will inspire your team to do the same. If you have a weak work ethic, it is only a matter of time before it begins to rub off on your employees.

Prioritize Open Communication

A culture of productivity thrives on open and honest communication. Encourage your team members to share their ideas, concerns, and feedback. Give feedback and request the same. This open dialogue not only fosters a sense of ownership and accountability but also provides valuable insights for continuous improvement.

Set Clear Goals and Expectations

Productivity flourishes in an environment where objectives are well-defined. Establish clear goals and expectations for each team member, department, and organization. Make sure everyone understands their role in achieving these objectives. When the goals are clear, employees will stretch to fill them. But when there is no clear KPI or expectation, they begin to shrink their capabilities to fit the little expectations you have of them.

Invest in Employee Development

A workforce valued and invested in is more likely to be productive. Support employee growth by offering training and development opportunities. Regularly find out from your employees what training they are taking to improve how they do what they do. Encourage them, and recommend courses you think would be of value to them. It may be an e-book you downloaded, a video you came across on YouTube, or a free course on Coursera. This not only enhances their skills but also shows that you care about their professional advancement.

Embrace Technology and Automation

Leverage technology and automation to streamline processes and reduce repetitive tasks. This frees up your team’s time for more meaningful and creative work, increasing productivity.

Foster Collaboration and Teamwork

A culture of productivity doesn’t mean isolation; it means effective collaboration. Encourage your team to work together, share knowledge, and brainstorm ideas. Collaborative efforts often yield more innovative solutions.

Recognize and Reward Achievement

Recognizing and rewarding your team’s achievements is a powerful motivator. Create a system for acknowledging outstanding performance, whether through bonuses, promotions, or simple public recognition.

Encourage Work-Life Balance

A focus on productivity should not come at the cost of employee well-being. Encourage work-life balance by offering flexible schedules and supporting stress management programs.

A well-rested is a happy team, and a happy team is a productive team.

This list is not exhaustive, and I am sure that you have your thoughts on this. What else do you think employers can do to make employees more productive?

How To Leverage Networks and Communities To Scale Businesses

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Regarding entrepreneurship, there is this saying: “It’s not what you know, but who you know.” It is a statement that holds more truth now than ever before. Building a successful business isn’t just about having a brilliant idea or a killer product; it’s also about cultivating the right relationships. Founders and entrepreneurs today are discovering the immense value of leveraging communities for funding, business growth, and collaborations.

Let’s explore why communities matter and how to harness them to propel your business forward.

1. Funding Opportunities Abound:

One of the primary challenges that entrepreneurs face is securing funding to turn their vision into reality. Traditional sources like banks and venture capitalists are just one piece of the puzzle. Communities, both online and offline, offer alternative funding opportunities that can be a game-changer for your business.

Crowdfunding platforms like Kickstarter and Indiegogo have helped countless entrepreneurs raise capital from a community of supporters who believe in their ideas. Moreover, niche business communities often have angel investors or members willing to invest in promising ventures. These investors provide capital and bring a wealth of experience and industry connections.

2. Accelerating Business Growth:

Beyond funding, communities offer a wealth of knowledge, expertise, and mentorship that can accelerate your business growth. Entrepreneurial communities often comprise seasoned professionals who have overcome similar challenges. By tapping into their collective wisdom, you can avoid common pitfalls and make informed decisions.

In addition to advice, communities provide a platform for networking and relevant partnerships. Collaborations with fellow entrepreneurs, professionals, and businesses can open new doors and markets. Joint ventures, strategic alliances, and co-marketing efforts can help your business reach a wider audience and expand more rapidly than you could.

3. Building Trust and Credibility:

Trust is the currency of business, and communities are fertile ground for building it. Engaging with a community and contributing value not only establishes your expertise but also showcases your commitment to the industry or niche. As you become a trusted member, you’ll find it easier to attract customers, partners, and investors.

Sharing your experiences, challenges, and successes within a community humanizes your brand. People are likelier to do business with someone they know, like, and trust. Being an active community member can help you establish a positive reputation, which can be a valuable asset as you grow your business.

4. Online and Offline Communities:

Communities come in all shapes and sizes, and you can find them online and offline. Online communities include social media groups, forums, and industry-specific platforms like LinkedIn. These provide a convenient way to connect with like-minded individuals worldwide.

Offline communities encompass local business associations, meetups, conferences, and chambers of commerce. These gatherings offer face-to-face interactions that can foster deeper relationships and lead to more tangible opportunities.

In Conclusion

As an entrepreneur or business professional, your journey does not have to be a solitary one. Communities are invaluable resources that can provide funding, guidance, partnerships, and a sense of belonging. By actively participating in relevant communities, you can leverage their collective power to fuel your business growth and achieve your goals.

I encourage being a part of a community. It can expose you to information in your sector that you would otherwise not know if you were not a part of that group of like minds.

So, whether you’re a seasoned entrepreneur or just starting, take the time to seek out and engage with communities that align with your industry and goals. Invest in relationships, offer your expertise, and be open to collaboration. You will discover that the support and opportunities within these communities can catalyze your business’s success.

Tom Emmer seeking nomination to become US House Speaker

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In a surprising move, pro-Bitcoin US Congressman Tom Emmer has announced his intention to run for the position of Speaker of the House, the highest-ranking member of the House of Representatives. Emmer, who represents Minnesota’s 6th congressional district, is a vocal advocate for cryptocurrency and blockchain technology, and has sponsored several bills to promote innovation and regulatory clarity in the sector.

Emmer’s announcement comes amid growing uncertainty and division within the Republican Party, which currently holds a slim majority in the House. The current Speaker, Kevin McCarthy, has faced criticism from some of his colleagues for his handling of the January 6th Capitol riot and his relationship with former President Donald Trump.

Emmer, who is a member of the conservative Freedom Caucus, has expressed his support for Trump and his policies, but has also shown willingness to work across the aisle on issues such as infrastructure and cybersecurity.

Emmer’s bid for the speakership is seen as a long shot by many political observers, as he faces competition from more senior and influential figures within the party, such as Steve Scalise, Liz Cheney, and Jim Jordan. However, Emmer has argued that he is the best candidate to unify the party and advance its agenda in the face of a hostile Democratic administration and Senate. He has also highlighted his leadership role in the National Republican Congressional Committee (NRCC), which is responsible for electing Republicans to the House.

One of Emmer’s main selling points is his vision for a more innovation-friendly and pro-growth economic policy, which includes embracing cryptocurrency and blockchain technology. Emmer has been one of the most active members of Congress in this field, co-chairing the Blockchain Caucus and introducing legislation such as the Blockchain Regulatory Certainty Act, the Safe Harbor for Taxpayers with Forked Assets Act, and the Securities Clarity Act. Emmer has also praised Bitcoin as a “decentralized” and “democratized” form of money that empowers individuals and challenges the status quo.

Emmer’s pro-Bitcoin stance has earned him the support and admiration of many prominent figures in the crypto industry, such as Jack Dorsey, Brian Armstrong, and Michael Saylor. Emmer has also received donations in Bitcoin and other cryptocurrencies from his supporters, making him one of the first federal candidates to do so. Emmer has stated that he believes that cryptocurrency is “the future of money” and that he wants to make the US “the global leader” in this field.

If elected as Speaker, Emmer would have significant influence over the legislative agenda and priorities of the House, as well as over committee assignments and rules. Emmer has indicated that he would use his position to advance pro-crypto legislation and to oppose any attempts by the Biden administration or the Securities and Exchange Commission (SEC) to impose excessive regulation or taxation on the industry. Emmer has also said that he would seek to educate his fellow lawmakers and the public about the benefits and potential of cryptocurrency and blockchain technology.

Emmer’s announcement has been met with mixed reactions from both sides of the political spectrum. Some have praised him for his boldness and vision, while others have questioned his qualifications and motives. Some have also expressed concern about his alignment with Trump and his views on other issues such as immigration, health care, and foreign policy. Emmer’s pro-Bitcoin stance has also drawn criticism from some environmentalists, who claim that Bitcoin mining consumes too much energy and contributes to climate change.

Emmer’s campaign for the speakership is expected to be an uphill battle, as he will need to secure the support of at least 218 members of the House, which is more than half of the total number. Emmer will also have to contend with possible challenges from other candidates within his party, as well as from the Democrats, who may try to influence the outcome by voting for or against certain candidates. The election for the speakership will take place after the midterm elections in November 2022, which will determine the composition of the House for the next two years.

Following the successful motion to vacate the speakership of Kevin McCarthy of California on October 3, 2023, the members of the U.S. House of Representatives began holding an intra-term election for speaker of the House on October 17. McCarthy had previously been elected on January 7, 2023, after fifteen rounds of voting in the January speakership election at the start of the 118th Congress.

GBTC’s Chances of ETF Conversion Might be Impacted by Lawsuit, as Coinbase Confident of Spot BTC Approval

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One of the most anticipated events in the crypto space is the approval of a Bitcoin exchange-traded fund (ETF) by the US Securities and Exchange Commission (SEC). Many investors hope that a Bitcoin ETF would boost the adoption and liquidity of the leading cryptocurrency, as well as lower the barriers to entry for retail and institutional investors.

One of the main contenders for a Bitcoin ETF is Grayscale Bitcoin Trust (GBTC), the largest digital asset manager in the world with over $40 billion in assets under management. GBTC is a trust that holds Bitcoin and issues shares that trade on the secondary market. GBTC shares are currently trading at a significant discount to the net asset value (NAV) of the underlying Bitcoin, meaning that investors can buy GBTC shares for less than the value of the Bitcoin they represent.

However, GBTC faces a major challenge from a lawsuit filed by Digital Currency Group (DCG), the parent company of Grayscale. DCG is suing GBTC’s sponsor, Grayscale Investments LLC, for breach of contract and fiduciary duty. The lawsuit alleges that Grayscale Investments failed to fulfill its obligations to convert GBTC into an ETF when it became feasible, and instead pursued a self-serving agenda that harmed DCG and GBTC shareholders.

The lawsuit claims that Grayscale Investments had an exclusive agreement with DCG to convert GBTC into an ETF when certain conditions were met, such as regulatory approval, market demand, and operational readiness. The lawsuit also claims that Grayscale Investments had a fiduciary duty to act in the best interests of GBTC shareholders and to maximize the value of their shares.

However, according to the lawsuit, Grayscale Investments breached its contract and fiduciary duty by delaying and obstructing the ETF conversion process, and by engaging in activities that conflicted with DCG’s interests and harmed GBTC shareholders. For example, the lawsuit accuses Grayscale Investments of:

Creating new products that competed with GBTC and diluted its market share.

Charging excessive fees that eroded GBTC’s NAV and widened its discount.

Failing to address the regulatory and operational issues that prevented an ETF conversion.

Refusing to cooperate with DCG’s efforts to facilitate an ETF conversion.

Rejecting DCG’s proposals to resolve the discount issue, such as a share buyback or a distribution of Bitcoin to shareholders.

The lawsuit seeks damages from Grayscale Investments for the losses suffered by DCG and GBTC shareholders, as well as an injunction to compel Grayscale Investments to comply with its contractual and fiduciary obligations and to expedite the ETF conversion process.

The outcome of this lawsuit could have significant implications for GBTC’s chances of becoming an ETF. On one hand, if DCG wins the lawsuit, it could force Grayscale Investments to speed up the ETF conversion process and address the discount issue, which could benefit GBTC shareholders and increase their confidence in the product. On the other hand, if Grayscale Investments wins the lawsuit, it could maintain its control over GBTC and continue to pursue its own agenda, which could further alienate GBTC shareholders and widen the discount.

Alternatively, the lawsuit could also lead to a settlement between DCG and Grayscale Investments, which could result in a compromise solution that satisfies both parties and advances the ETF conversion process. However, this would depend on the willingness and ability of both parties to negotiate in good faith and reach an agreement.

In any case, the lawsuit adds another layer of uncertainty and complexity to GBTC’s ETF prospects. It also highlights the challenges and risks involved in investing in GBTC, which is not a direct exposure to Bitcoin but rather a derivative product that depends on various factors such as fees, premiums, discounts, regulations, contracts, and lawsuits. Investors who are interested in GBTC should be aware of these factors and conduct their own due diligence before making any investment decisions.

Coinbase is “confident” the SEC will approve a spot Bitcoin?ETF

Coinbase, the largest cryptocurrency exchange in the U.S., has expressed its confidence that the Securities and Exchange Commission (SEC) will soon approve a spot Bitcoin exchange-traded fund (ETF). A spot Bitcoin ETF would allow investors to buy and sell shares of a fund that holds Bitcoin directly, rather than through futures contracts or other derivatives.

Coinbase’s chief legal officer, Paul Grewal, said that the company has been in “active and productive” discussions with the SEC about its spot Bitcoin ETF proposal, which it filed in July. He said that Coinbase believes that a spot Bitcoin ETF would provide more transparency, liquidity, and efficiency to the market, as well as lower costs and risks for investors.

Grewal also said that Coinbase is “encouraged” by the recent approval of several Bitcoin futures ETFs by the SEC, which he said are “an important step forward” for the industry. However, he argued that a spot Bitcoin ETF would offer more benefits to investors and the market than a futures-based one, which involves additional fees and complexities.

“We are confident that the SEC shares our goal of ensuring that American investors have access to the best products to invest in cryptocurrencies, and we look forward to continuing our constructive dialogue with the agency to make a spot Bitcoin ETF a reality,” Grewal wrote.

Coinbase is not the only company that is pursuing a spot Bitcoin ETF in the U.S. Several other firms, including Fidelity, VanEck, and Valkyrie, have also filed applications with the SEC, but none have received approval yet. The SEC has repeatedly delayed or rejected spot Bitcoin ETF proposals in the past, citing concerns about market manipulation, fraud, and custody issues.

However, some analysts believe that the SEC’s stance may be changing, as the agency has shown more openness to cryptocurrency regulation and innovation under its chairman, Gary Gensler. Gensler has said that he is “intrigued” by Bitcoin and other cryptocurrencies, but also stressed the need for more investor protection and oversight.

The approval of a spot Bitcoin ETF in the U.S. would be a major milestone for the cryptocurrency industry, as it would potentially attract more institutional and retail investors to the market. It would also likely boost the price and adoption of Bitcoin, which is currently trading at around $29,931.