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Home Blog Page 4685

Nigeria and Kenya Engage Google To Solve the “Loan Shark” Attacks

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This is an asymmetric attack: ‘Google has ordered loan apps in Nigeria and Kenya to provide proof of license to operate in the country, or risk being taken down from the Google Play store. This move according to Google was necessitated to protect borrowers from rogue loan apps, otherwise known as “loan sharks”, many of which charge borrowers outrageous interest rates as well as operating against legal provisions’.

This one will certainly work. The government has banned these companies and many continue to operate even though they are not registered or licensed or permitted. How do they get bank accounts opened? The government has gone to their physical offices and fought them. Yet, nothing has worked.

This playbook of using Google will certainly work because if the head is cut-off, the apps will fade. Yet, do not celebrate. While I do not support what these loan sharks are doing, we need to understand the circumstances which make them useful to some citizens.

If you do not have money. If your bank does not believe in lending. If your network cannot offer any financial support. But you have a loved one in the hospital, and a loan shark is charging outrageous interest, but can help with fast funds, that should not be seen as stupidity on your side. There are many people  who are fighting the economic crisis daily because they are poor. They live for hours and not days. These loans put them in a vicious loop but sometimes save the hours!

If the government thinks shutting down the loan apps is the solution, that is playing a short-term game. Indeed, there needs to be a mechanism to make sure these citizens do not need those solutions by offering them alternatives. Otherwise, kicking the apps out of Google does not help in the long term because they will continue to need those fire funds to live in the hours!

I ask you to permit me to write that the government is part of the problem. If there are decent alternatives for these citizens, loan sharks will not be necessary. So, no moral high ground here. Engaging Google will cut off these loan sharks but that does not mean the citizens have been helped. I still find it hard to understand why in this digital age, Nigeria cannot organize alternative credit systems to help people access credits in the formal banking system.

Comment on Feed

Comment 1: The move by Google is a step in the right direction, some of these loan sharks have taken undue advantage of desperate Nigerians, there’s need for serious regulations to enable genuine operators thrive and to protect the data and sanctity of debtors

Comment 2: How about the citizens that borrows money with the intention of never paying. Personal financial growth is the responsibility of the individual, and in most cases people don’t want to take decisive choices that we make them grow.

Comment 3: Insightful. I agree with this and I will like to add that, shutting them down on playstore is not enough measure, they can just go on and maintain websites to continue their venture.

The government should, as you’ve said, provide alternatives. Access to credit is very key to helping the poor out of poverty not only when they’re lives are at risks.

Comment 4: The online world needs to be regulated. Since the activities have moved to online. If it is not done lots of bad things will go on unpunished. Lending is a specialized field. You have to show that the government knows about your activities.

Comment 5: My understanding of their modus operandi,they do not carry out due diligence on their customers before approving the loans hence getting their money back becomes a problem. I lost my phone sometime in October last year at computer village around 3pm in the afternoon. I ran to the Bank to block my account. By the time I retrieved d line 3 days later, some one has used the phone number to borrow 10,000 naira from a loan shark company without my knowledge hence they started threatening me that I must paid back the loan which I refused. We are Valuers to lots of commercial banks in Nigeria and I can attest to it that they carry out due diligence before granting loans to their customers atleast on 90% scale. I support this moves by Google for them to show their evidence of license registration as a requirement for them to operate on the Google play store. These loan shark companies send ridiculous text messages on Whatsapp and sms to people claiming all sorts of nonsenses and harassments to claim their loan back

Nigerian and Kenyan Loan Apps Risk Removal From Google Play Store, Failure to Provide Proof of License

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Google has ordered loan apps in Nigeria and Kenya to provide proof of license to operate in the country, or risk being taken down from the Google Play store.

This move according to Google was necessitated to protect borrowers from rogue loan apps, otherwise known as “loan sharks”, many of which charge borrowers outrageous interest rates as well as operating against legal provisions.

Both existing and new loan apps in Nigeria and Kenya are mandated to submit the requisite documents and information, or risk being locked out at the end of January 2023.

For loan apps in Nigeria, Google mandates them to adhere to the following;

  • Digital Money Lenders (DML) must adhere to and complete the LIMITED INTERIM REGULATORY/ REGISTRATION FRAMEWORK AND GUIDELINES FOR DIGITAL LENDING, 2022 (as may be amended from time to time) by the Federal Competition and Consumer Protection Commission (FCCPC) of Nigeria and obtain a verifiable approval letter from the FCCPC.
  • You must, upon Google Play’s request, provide additional information or documents relating to your compliance with the applicable regulatory and licensing requirements.

Considering the fact that Nigeria Kenya and are the major tech hubs in Africa, they have witnessed a surge in the proliferation of loan apps, which offer quick unsecured personal loans of up to $500.

However, the lack of stringent regulations, and Google Play Store’s slapdash vetting process, have attracted rogue operators necessitating authorities to take apt measures to protect citizens.

These loan apps have been ordered to desist from the use of threats or debt-shaming actions, such as the posting of customers’ personal information on online forums, unauthorized calls and messages to customers, and access to their contacts lists for purposes of contacting them in case of default.

The new law requires loan apps to reveal their pricing model, terms, and conditions to consumers in advance. These apps are also expected to notify regulators before introducing new products or making changes to existing ones, in addition to disclosing and providing evidence of their sources of funds.

In Nigeria, there has been a battle against several loan apps by the Federal Competition and Consumer Protection Commission (FCCPC) over their outrageous interest rates and the invasion of customers’ privacy.

The commission in August urged search engine company Google to remove some loan apps, from the Playstore due to their unethical practices.

The FCCPC also ordered fintech platforms such as Modify, Opay, Paystack, and Flutterwave to desist from providing payment or transaction services to loan apps under investigation.

Application of Military OODA Framework in Business Expansion

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We can learn many things from the military. They move battalions. In markets, we move and control factors of production. At Tekedia Institute, I teach a course on the OODA Framework, picking perspectives from the military on how to build fast-growth companies.

Protect your flanks and move the columns, being aware of frontal attacks. Join us and learn from the kid who grew up in Ovim – the “land of generals” – and thrive in your business and career.

Zoom link in the Board. Register for the next edition here .

It has been a long time since I taught in the Nigerian Defence Academy Kaduna (we seek great security to enjoy the abundance of Nigeria). but tomorrow, at Tekedia Institute, we will be examining military frameworks on business growth and capturing territories (market shares). This is a very important course which helps business leaders understand how to grow territorial advantages. Join us at the Institute – Zoom link in the Board.

The Legality of Legal-Tech/ Lawtech in Nigeria

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The reality is that Information Technology has come to stay and has totally revolutionised the way we live – from job placements and interviews to social meetings to financial transactions and of course, legal practice.

Of course, the presence of law firms having an online presence is not exactly new, with Virtual Law Offices (VLOs) existing for almost a decade and operating without any brick and mortar struct, but this is not the same thing as the concept of Legal-Tech/Lawtech, which is defined by one perspective as the use of technologies that aim to support, supplement or replace traditional methods for delivery of legal services, mainly in service delivery packages revolving around the following:-

– Document Automation.

– Advanced chatbots and practice management tools.

– Predictive Artificial Intelligence(AI).

– Smart legal contracts.

– Knowledge management and research systems.

This definition goes further to describe the Lawtech subsector as consisting of law firms delivering legal services through Technology & the vendors that develop and supply technology solutions to those firms.

In the Western world, we already have trailblazers like RocketLawyer , Legal Zoom, Avvo & LegalMatch which are digital platforms aimed at making legal services of a mostly non-dispute resolution nature more accessible and affordable to the public.

So this means that Lawtech can serve as a means for investors and entrepreneurs to tap into the business potential Legal practice holds in Nigeria right? Well, not exactly , and this is the focus of this article, because in all of this, the Nigerian Legal Profession is still very regulated.

What is the Regulatory Framework governing the Legal Profession in Nigeria?

The legal profession in Nigeria is governed by the Legal Practitioners Act(LPA)  and the Rules of Professional Conduct (RPC) through the Body of Benchers, the General Bar Council, the Supreme Court of Nigeria, the Nigerian Bar Association (NBA), and the Legal Practitioners Disciplinary Committee (LPDC).

Can i offer legal services in Nigeria through a digital platform even without being a lawyer?

No you can’t, not even with a lawyer in your employment. 

The LPA clearly states that you cannot :-

– Publicly present yourself as a lawyer.

– Make a misrepresentation by the use of any name, title, addition or description falsely implying that you are a lawyer.

– Prepare any documentation as a lawyer EXCEPT –

a). You are a law pupil, clerk or servant in the employment of a lawyer.

b). In relation to documentation on property in which you have an interest e.g. a Tenancy agreement.

c). In relation to litigation or dispute resolution proceedings to which you are a party.

d). The writing of wills.

e). For recording purposes to be used in Litigation and Dispute Resolution proceedings.

Holding yourself out as a lawyer when you are not can earn a 2-year maximum jail sentence.

Okay, but can i operate a Digital Platform for marketing legal services in exchange for a cut of Legal fees as my profit?

No, that would constitute touting and aiding the unauthorized practice of law that can also get you in jail and get the involved lawyer disbarred.

Can i invest in a law firm as a silent partner or as a major shareholder?

No, you cannot. That is because the Rules of Professional Conduct state that :-

– Law Firms cannot engage in partnerships with non-lawyers or foreign law firms for the practice of law in Nigeria.

– Legal Practice cannot be carried out as a corporation or in a company structure limited by shares.

– Legal services cannot be exploited or controlled by Intermediaries such as companies and agencies.

I am a lawyer and i wish to operate a Digital Legal Consultation & Company Registration Service operating via an automated chatbot. How do i advertise this service?

You can advertise this service as long as :-

– Advertisements are not misleading .

– Advertisements are in compliance with the RPC.

– Advertisements are fair and proper.

– Advertisements make no comparison with other lawyers or other professionals like accountants.

– Advertisements don’t become so frequent as to cause annoyance.

– Advertisements don’t engage in acts of ambulance chasing like publicly inciting litigation.

– Advertisements are not self-aggrandizing.

– Advertisements are not carried out via Television, Radio and Newspapers.

– Advertisements do not rely on brand endorsements.

I am an entrepreneur/Techpreneur and i want to start a Nigerian version of LegalZoom and Rocket Lawyer. How can i engage in services of this nature as a non-lawyer and as a company/corporation?

You can engage in services of that nature in the following ways :-

– By investing in Legal Support Services(services aimed at providing tech support to lawyers and Law Firms) such as case search and law reporting AI services like LawPavilion(a Digital case and statute law search system) and EVA (an automated chatbot system focused on case law search support services).

– By investing in RegTech (Regulatory Technology) platforms rendering DIY (Do-It-Yourself)services that are strictly not classified as Legal services but are best han e.g. Digital Business contract smart generation services, Land title search services, Business licensing Chatbot Consultation services, IT/SLA smart contract generation platforms, Digital Company Secretarial services, digital AML/ CFT/Data Protection Compliance services, etc.

– E-filing services.

– Giving tripartite loans for interest to law firms through lawyers to be registered as charges with the Corporate Affairs Commission.

Add Your Tekedia Program On Your LinkedIn Profile – Celebrate Your Win

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A sample certificate

Tekedia Institute alumni, add your Achievement on your LinkedIn profile.  In LinkedIn, you have to select a school, not a company, as LinkedIn approved that reclassification many quarters ago. With this, you will see Tekedia Institute under Education as you list your educational qualifications.

So, for Tekedia Mini-MBA, Tekedia Advanced Diploma, Tekedia Industries, Tekedia Practice, etc, programs you can pick the school “Tekedia Institute” under Education and type the qualification.

—To List for Mini-MBA:

Go to Education section in your LinkedIn profile:

School: Tekedia Institute

Degree: Mini-MBA

Field of Study: Business Administration Management,  General

—To List Advanced Diploma in Project Management:

School: Tekedia Institute

Degree: Advanced Diploma

Field of Study: Project Management

As always, every certificate issued by our Institute is auto-verifiable using the unique code on the certificate .Celebrate your achievement and let the world know that you are alumni of our amazing Institution. #ready2lead