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The Liberation of the little blue bird by Elon Musk

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Twitter is the most difficult social media platform in the main league. I am on the 3rd trial before I gave up on it. Yes, for two good times, I have deleted my accounts because I struggled with it. On the 3rd voyage, it has been weeks since I logged in.

First, this product does not allow you to build your points, in the academic way. And when you try to break them, you create a mini thesis for the readers. Then, the worst part: inability to edit posts.

But Twitter has been getting away with those issues because it is the best ecosystem to break news. Unfortunately, many of us are not in the business of breaking news; we prefer to analyze broken ones!

But help seems to be on the horizon. The little blue bird is flying to the generation’s finest innovator. People, this is the age of Mustter, a great fusion of Musk and Twitter. It promises to be amazing for the bird because Elon Musk wants to bring a liberation of “free speech”.

Twitter’s board has accepted Elon Musk’s offer to buy the social media platform for $44 billion and take it private, in what could be one of the biggest-ever leveraged buyouts of a publicly-listed company. It’s a dramatic turn of events: When the Tesla CEO unveiled his unsolicited bid 11 days ago, the social media platform appeared certain to reject it, even adopting a “poison pill” defense to ward off a hostile takeover. But Twitter started to warm up to the offer after the billionaire disclosed that he’d secured $46.5 billion in financing. About half of that financing is bank debt, the rest is cash pledged by Musk himself. Musk says he wants to “transform” Twitter into a “platform for free speech around the globe.” (LinkedIn News)

People, Musk is peerless but any promise of a censor-less digital ecosystem will not work. I have made my point before: “Elon Musk is brilliant but there is one thing he cannot achieve: a zero-censorship social media platform”.

It is a big irony: without moderation and censorship, many will lose their “freedom” to tweet. Why? On LinkedIn, if they do not have a blocking feature, I would have left. But with that blocking feature, I have put many people where they belong. They come to cause confusions and bully; we block them to have the “freedom” to discuss. I am not sure how Musk will solve that by taking Twitter private.

Of course, it does not matter when you have $250 billion in the personal balance sheet. At that level, even $44 billion could seem like a good video game.

Twitter is not making money. Unless Musk brings subscription plans, not sure how the outcome will change. It is very hard to make money on text-based products in this age of mobile. Check WhatsApp, check Twitter; their core products are text-based. In those products, you are engaged to use them unlike photo- or video-based products where you relax to consume them, making it possible for you to make time for adverts. Twitter’s challenge is native. But hey, Elon Musk builds rockets; Twitter problem is an earthly one.

Comment on LinkedIn Feed

Comment 1: Elon went on to once again test his grit and weigh his balls by going after a public company, which has served as a major communication channel for individuals, businesses and politicians and he succeeds as usual, growing even bigger balls while doing it.

However, I am not personally confident He will achieve all he is set out to achieve with free speech, Twitter still has to operate within a sovereign just like Ndubuisi Ekekwe alluded to, and free speech many times comes with its own baggage of “bad business”. I am also not confident it is one of the wise business decisions Elon will make in his lifetime.

But then again, who am I to question the decision of a Man of many landmarks, a Man who revolutionized and commercialised space travel, and a Man who has $250Bn to his Name.

Congrat to Elon and his team of advisors.

Comment 2: In my opinion, free speech is an illusion. What we have around the world are different levels of permission of speech. Some countries have higher levels of permission than others.

Apart from that, an open system where anyone can say anything is not possible. People will get hurt and lives will be destroyed. The so-called freedom of speech will suppress the freedom of others.

Eventually, the government will regulate social media and everyone will blame the government for denial of “freedom of speech”

My Response: We will be waiting to see how he will manage the ecosystem when one terrorist group posts that it is looking for fighters. As you said “free speech is an illusion” at all levels.

Another comment on 2: Ndubuisi Ekekwe If a ‘terrorist’ group can recruit fighters, the ‘terrorist’ group is just preaching to their choir. The question becomes why does the audience exist? Banning them increases the barrier to recruit, but doesnt solve the problem, it just delays it.

My Response to that: Good point. But there are many stacks in everything – the generation, distribution, etc. You may not like to be sued for making your platform a den for bad people to play games. Imagine if you allow your house as a place for drug peddlers to share their goods. Society will not excuse you if you do not make efforts to stop that by locking your doors and making sure they do not have access.

Comment 3: I’ve been reviewing this whole Twitter acquisition by Elon. Trying to make Twitter 100% uncensored could be disastrous. Extremists will always abuse such privileges. Free speech for all, trouble for some. And also, Musk is beginning to gain so much influence as an individual, he’s leading the game here on earth and over in space. Tesla and SpaceX, not to talk of Neuralink, Dogecoin and The Boring Company. Now he has added Twitter to the list. I feel there should be regulations to privatization. Musk will become a demigod. Someday we’d wake up and realized we living in Elon’s world not ours. Watch the titans play.

Elon Musk Is Considering Starting His Own Social Media Platform

 

Building the Core Pillars and Unlocking the Wealth of Alaigbo – Ndubuisi Ekekwe Speech at CC

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The recorded video is below.

The Economic Committee of the Igbo Credibility Group, a group of eminent Igbo leaders and scholars, is hosting this webinar. They have approved making the presentation public. You’re highly invited; Zoom below.

Introduction: Looking at 2,000 years of gross world product, and individual GDPs of nations, we can see two distinct economic developmental phases. Nations begin at the “invention” phase where there are many ideas, but few products and services. Successful nations transmute into the “innovation” phase where they do not just have ideas, they actually have the capacities to create products and services. Products and services are what solve frictions (i.e. problems) that societies have. Unless nations can translate those ideas into products and services, they stall economically. That translation is what GDPs capture through economic activities and productions.

Alaigbo today is an invention society – so many ideas postulated in beer parlors, taxis, offices, etc, but limited products and services to serve communities. In this presentation, Prof Ndubuisi Ekekwe will explain how the Igbo Nation can build the core pillars which all innovation societies have built, from Europe to North America to Asia. No nation in human history has developed without those pillars. Like the Europeans who created chemical compounds but were unable to make vaccines, and died of epidemics centuries ago, until Alaigbo can translate its knowledge base into market solutions, and fix frictions in our communities, the economic stasis will remain.

Europeans later turned those compounds into vaccines, after they enabled the pillars; the Igbo Nation can build out its own, and accelerate prosperity. Nigeria’s national budget of $42 billion for 210 million citizens when South Africa with 60 million people is spending $152 billion, explains the urgency for our moment.

Topic: Building the Core Pillars and Unlocking the Wealth of Alaigbo
Presenter: Prof Ndubuisi Ekekwe, Lead Faculty of Tekedia Institute and Harvard Business Review writer since 2009
Date: April 30 2022
Time: 2pm WAT
Zoom: click here

 

The Rise of NFTs and the Nigerian Tax Regime

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Just as the world gets crescively disrupted through the redefinition and driving of an increasing domain of human transactions by blockchain technology and the frenzy of a decentralized financial market gains increased traction across the globe, governments, as a crop of societal institutions that across ages have been at the centre of societal evolution, are increasingly growing nervous and recurrently frustrated in their bid to maintain the status quo in the financial sector.

When viewed from another angle other than the interest of protecting citizens from fraudulent activities, governments may not ordinarily be frustrated if their main concern, which is ostensibly taxes, were turned in unthreatened. When Benjamin Franklin sarcastically stated in 1789 that only death and taxes were certain,[1] he could never have imagined a time when humanity would be so inventive as to independently go beyond a centralised banking system, evolve blockchain technology, build decentralized currencies and trading platforms, create the concept of Non-Fungible Tokens (NFTs), and eventually use it as it is today, amongst a slew of other blockchain-based technologies in the financial sector.

So far, however, the concept of NFTs has proven to be more of a speculative industry than an art collection enterprise, thereby creating more regulatory troubles for governments who are yet to grapple with the regulation of fungible tokens built on the blockchain network and technology, which in due time should enable the evolution of an effective taxation regime. For countries like Nigeria, the nightmare is made worse by its financial sector regulatory agencies, which have sought to avoid the subject of fungible tokens’ legal status and content over the years, directing financial institutions to discontinue interaction with these technologies and frustrating any attempt by private individuals to use their services for the purposes.[2]

Hence, when the domain and content of cryptocurrencies are yet to be determined under Nigerian law to effectively rest its legal status, the questions of compliance abuse and general illegality do not only become mere concerns but a reality. For NFTs and their taxation, the troubles of investors and creators seem to be more complicated, primarily because Nigerian tax laws, just as universally obtained, have evolved in such a manner as to constructively cover all manner of human transactions having economic value. Thus, argumentatively, personal income tax, capital gains tax, and company income tax, as the case may be, amongst others, do apply to the transactions of purchase and sale of NFTs under Nigerian laws. However, the problem that arises rests with the trite principle of taxation law that a statute which seeks to impose a tax must do so in clear and precise terms so that the taxpayers and stakeholders will know who and what is being taxed.[3] By implication, therefore, such wordings as “property” used in the Capital Gains Tax Act[4] to denote assets chargeable, “income” used in the Personal Income Tax Act[5] and “profit” as used in the Companies Income Tax Act[6] for the purposes of defining accruable taxes on persons and companies, respectively, create real legal questions as to the situation of NFTs and cryptocurrencies by the means of which their transactions are generally effected under any of these constructions.

In light of the foregoing, it is important to note that taxes are deductible only on the basis of a recognized currency, whether Nigerian or that of another sovereign country.[7] Consequently, given that NFTs and cryptocurrencies are yet to be recognized as currencies under Nigerian laws, does it allow the argument that any transaction of sale or purchase of NFTs by barter with another NFT or through a cryptocurrency is not taxable under Nigerian law? Theoretically, such arguments may avail the contender to the extent that the courts are willing to accept such  as tax avoidance as against tax evasion and will therefore serve to preclude the investor or artist from any tax liability.[8]

However, it must be noted that even if such arguments are upheld by the courts, it will be extremely difficult, at the expense of saying impossible, for any person to satisfy the primary condition of not embroiling the Naira or any other recognized currency in their transactions, whether before the transaction or after its conclusion. The reasoning is simply based on the fact that cryptocurrency has not yet permeated every aspect of life in Nigeria in such a way that the investor or artist can solely use it as a means of daily transaction.

Expositorily, it is to be noted that personal income tax as within Nigeria in this circumstance will be applicable to the artist whose NFT is sold via another NFT or a token sum of cryptocurrency, either of which he eventually converts into a recognized currency, say the Naira. This is because the law will operate to input on the NFT sold or the cryptocurrency exchanged into fiat the status of a property that was created by the artist whose proceeds must be taxed. Ordinarily, this will be the same position as affecting company income tax mutatis mutandis. However, for capital gains tax, the events will be a little bit compounded as it involves the appreciation in value of a previously held economic position. Therefore, it will be necessary to determine the previous taxable economic position for the appreciated value to be thereafter taxed. Hence, when a collector or investor purchases an NFT, the instrument of purchase being traceable to a legal tender, and thereafter sells the same through an instrument of sale also traceable to a legal tender at a value in excess of that at which they purchased the NFT originally, such excess of value shall be subject to the tax regime affecting capital gains in Nigeria by imputation of the status of capital on such NFT by the law.

Conclusively and consequent of the foregoing analyses, all persons engaged in the sale and purchase of NFTs within the jurisdiction of Nigerian tax law must make every effort to keep their books up to date, as trading in a decentralized financial market may not be sufficient to exempt them from incurring tax liabilities.


[1] NCC Staff. (2021, November 13). Benjamin Franklin’s last great quote and the Constitution. National Constitution Center – Constitutioncenter.Org. Retrieved April 21, 2022, from https://constitutioncenter.org/blog/benjamin-franklins-last-great-quote-and-the-constitution

[2] Moses-Ashike, H. (2022, April 4). CBN warns Nigerians of illegal financial operators. Businessday NG. Retrieved April 21, 2022, from https://businessday.ng/banking/article/cbn-warns-nigerians-of-illegal-financial-operators/

[3] Cape Brandy Syndicate vIRC (1921) 1 KB 64

[4] Section 3, Capital Gains Tax Act, CAP C1 LFN 2004

[5] Section 3, Personal Income Tax Act, CAP. P8 LFN 2004

[6] Section 9, Companies’ Income Tax Act, CAP. C21 LFN 2004

[7] Section 54, Companies’ Income Tax Act, CAP. C21 LFN 2004

[8] 7UP Bottling Company PLC VS Lagos State Internal Revenue Board (2000) 3 NWLR (Pt 650) 565

Examining TETFUND’s Message To Nigeria’s Tertiary Institutions

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The Executive Secretary of the Tertiary Education Trust Fund (TETFUND), Mr. Sonny Echono has called on tertiary institutions domiciled in Nigeria to produce entrepreneurs and not just graduates.

Mr. Echono, who was newly appointed by President Muhammadu Buhari, made the call in Abuja, the country’s capital territory, when the Governor of Plateau State, Mr. Simon Lalong paid him a courtesy visit at the Fund’s Headquarters.

The TETFund boss opined that the investments in creating entrepreneurs would go a long way to curbing the menace of unemployment and consequently tackle the socio-economic problems prevalent in the country.

He said one of his fundamental goals was to make tertiary institutions a place to produce entrepreneurs, noting with the support of the Federal Government (FG), TETFUND plans to reinforce the huge investments in the 13 new universities to fast track their rate of progress with a view to achieving the purpose of establishing them.

He stated that the present administration of President Buhari had greatly given his full support to education, adding this was evident in the recent Presidential approval of upward review of Education Tax from 2% to 2.5%, which would enable TETFUND to cope with the increasing demands.

Mr. Echono expressed optimism that the education tax would likely increase to 3% as the government increases education investment, saying such a step would go into expanding the frontiers of education.

“The increased tax would facilitate the implementation of more developmental projects in the education sector” , he said.

The Executive Secretary showed appreciation at the show of support from Gov. Lalong, while pledging continued commitment to the development of tertiary education in his home State.

In his remark, Gov. Lalong lauded the fund for the numerous iconic projects dotting the tertiary institutions in Plateau State, saying TETFUND had now become a lifeline for the schools.

He therefore sought the continuity of the good work by the Fund, expressing his appreciation for its contribution to the development of education in his State and the Northern region at large.

He further expressed optimism that the newly appointed Executive Secretary of the Fund would keep up the good work of his predecessor, Prof. Elias Bogoro.

He assured Mr. Echono of his support in discharging his duties as the Chairman of the Northern Governors Forum, to make sure the Executive Secretary gets the needed support of other Northern governors.

The Director of the Office of the Executive Secretary, Mr. Uchendu Wogu noted that all the good works by TETFund as identified by Gov. Lalong, were the mandate of the agency, which remained obligatory to fulfill.

He thus expressed gratitude to the institutions in the State for their transparency in utilizing their allocated funds while making it possible to attract more funds for the development of the institutions.

Aside from the call by the TETFund Executive Secretary, it was already obvious that it’s high time the chief executives of these institutions started making moves to ensure their respective wards emerge entrepreneurs after graduation.

The contemporary global society is conducive for only job creators, not seekers. This is an indication that time has come for our various tertiary institutions to change the existing pattern of impacting knowledge on their numerous students.

This is one of the reasons I had called the concerned authorities, for the umpteenth time, to revisit the ongoing Students Industrial Work Experience Scheme (SIWES) towards ensuring that it becomes more result-oriented technically.

The bone of contention remains that we need to overhaul the system to create an environment that would boast of producing entrepreneurs or job creators as graduates.    

Overview of  Fintech Licenses in Nigeria and Procurement Requirements

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FILE PHOTO: (L-R) Solomon Islands Prime Minister Manasseh Sogavare, Solomon Islands Foreign Minister Jeremiah Manele, Chinese Premier Li Keqiang and Chinese State Councillor and Foreign Minister Wang Yi attend a signing ceremony at the Great Hall of the People in Beijing, China October 9, 2019. REUTERS/Thomas Peter/File Photo

At no time in Nigeria’s economic history has a more exponential growth in Financial inclusion and literacy been witnessed more than in the last decade due in no small measure to the rise of Fintech companies bridging the gap between traditional Financial Institutions and a greater part of the country’s population.

The term “Fintech”, a combination of the words “Financial” and “Technology” , is used to describe the practical application of technology-based software in delivering Financial services that can range from remote payments, monetary transfers and the trading of Cryptocurrencies.

What this article aims to do is provide in the most easily understandable terms, basic information on the requirements for applying for and the granting of Fintech licenses that can procured by businesses or individuals in Nigeria along with the Regulatory Compliance framework governing the use of each license in Nigeria. For the purpose of this write-up these licenses are:-

  1. Alternative Lending/Digital Credit licenses;
  2. Digital Crowdfunding Intermediary licenses;
  3. Digital Banking licenses under which you have a subset of licenses that include –

a). Switching and Processing licenses.

b). Mobile Money Operator licenses.

c). Payment Solutions Service Provider licenses.

d). Payment Terminal Service Provider licenses.

e). Super Agent Banking licenses.

f). Payment Service Bank licenses.

g). Foreign Exchange & Remittance licenses.

  1. Insurtech licenses;
  2. Robo-Advisory licenses;
  3. Sandbox Operations Framework grants.

While other specific Fintech license categories like Digital Public Revenue Collection licenses exist,this article will focus on the most available types of Fintech licenses which covers the Six categories already mentioned above and which will be analyzed one after the other.

1. Alternative Lending/Digital Credit licenses

Alternative lending or Digital Credit simply refers to the Fintech-based lending platforms for the quick and usually non-collateralized procurement of micro credit facilities as opposed to the more traditional method of securing loans through paper applications. These platforms are simply known today as “Loan apps” and can be operated by licensed Moneylenders, Banks and licensed Finance companies.

Getting a Moneylending license involves making applications to the Home Affairs Ministry in states like Lagos through the state Moneylenders law and entitles a company to physically operate within the state where the license was granted. This application involves filling a Moneylenders Ordinance Form B among other documents and then upon getting the license going through a yearly renewal process. Notable examples of Moneylending apps run by companies include Branch, L-credit, and Quickcheck while Lending apps operated by Banks include Fairmoney and Carbon . Getting a Moneylending license usually takes a time period of not more than 2 months, though it can be granted much earlier.

Getting a Financial Institution license is governed by the Central Bank of Nigeria(CBN) and entitles a company to operate Lending businesses all over the country, but with somewhat stricter options like a minimum capital requirement of 2.5Billion Naira ($5million) and if it’s a Digital or Fintech operation model the company intends to run then it must also submit a fully comprehensive IT policy as well as a 5-year detailed business plan, an Enterprise Risk Management plan, and a Dispute Resolution Framework and detailed information about its Technical/IT Service Provision partners.

2. Digital Crowdfunding Intermediary licenses

Crowdfunding is simply the practice of funding a project or venture by raising money from a large number of people through the Internet. Crowdfunding is governed in Nigeria by the Securities and Exchange Commission (SEC) through the Security and Exchange Commission (SEC) rules on Crowdfunding 2021 as a result of which any Investment/Crowdfunding Intermediary portal not yet licensed by the SEC is deemed illegal and open to the SEC’s Regulatory sanctions. A notable example of a Crowdfunding portal is GoFundMe.

To get a Crowdfunding portal/Intermediary operating license in Nigeria you need a minimum capital requirement of 100 million Naira ($200,000.00). You must also :-

– Register a company with your objects clause stating that Crowdfunding is the sole purpose of the company;

– have management accounts that are not more than a month old as at the time of filing for a Crowdfunding license with the SEC;

– submit a sworn undertaking to furnish the SEC with copies of amendments to the company’s Memorandum and Articles of Association as well as the company’s by-laws or rules ;

– render to the SEC a detailed  description of its portal IT operation system;

– provide 3 sponsored individuals to represent the company, one of whom must be the company’s designated SEC Compliance officer as well as the company’s Managing Director;

– a current fidelity insurance bond valued at a minimum of 20% of the paid-up capital.

It’s also important to note that only Micro, Small and Medium enterprises (MSMEs) registered in Nigeria wit a minimum track record of 2 years can raise funds through a Crowdfunding Intermediary portal.

Medium enterprises cannot raise more than 100 million Naira($200,000.00) on a Crowdfunding portal in a year while Small and Micro enterprises cannot raise more than 70million Naira($140,000.00) and 50 million Naira($100,000.00) in a year respectively.

However, a subcategory of Crowdfunding portals exists which are Commodities Investment Portals which focus on Crowdfunding strictly Agricultural and Agro-allied businesses which can raise a total of 1 Billion Naira ($2,000,000.00) in a year. A good example of a Commodities Investment Portal is FarmCrowdy. Getting an SEC license usually takes a period of 60(Sixty) days.

3. Digital Banking licenses

This category of Fintech license is interesting because of its many subcategories.

Digital Banking in the first place means the largely or totally non-physical delivery of Banking services (taking cash deposits from customers, opening and operating bank accounts for its customers, giving loans etc.) through Digital platforms such as Apps or Virtual Chatbots operating 24 hours a day.

While their opening and licensing requirements are still the same as traditional banks as governed by the Central Bank of Nigeria, getting a Digital Banking license involves the presentation of a strictly scrutinized IT Policy that will include a privacy policy, an Information ownership/disclosure policy, a Network security policy, a Password policy, a Confidential Data policy and a Backup & Restore policy among others.

Most Digital Banks in Nigeria today tend to be National Grade Microfinance Banks operating a strictly non-physical working structure, with some of the most notable examples being Kuda Bank, Carbon Bank, Tangerine and Fairmoney MFB. However, a notable example of a digital Commercial bank exists in the form of the ALAT Digital Banking platform.

National Commercial Banking license applications require a minimum share capital of 25 Billion Naira ($50million).

Regional Commercial Banking license applications require a minimum share capital of 15 Billion Naira ( $30 million).

National Microfinance license applications require a minimum share capital of 5 Billion Naira ($10 million) while State Microfinance license applications require a minimum share capital of 1Billion Naira ($2million)

National and Regional Mortgage Bank license applications require a minimum share capital of 13Billion Naira($26million)  and 5Billion Naira($10million) respectively.

Merchant Bank license applications require a minimum share capital of 15Billion Naira($30 million).

National and Regional Non-Interest banking licenses require a minimum share capital of 10Billion Naira( $20million) and 5 Billion Naira($10million ) respectively.

However, there now exists more novel Banking and Banking-related Fintech licenses granted by the CBN . These license subcategories are:-

a). Switching and Processing licenses :- Switching and Processing services involve the rendering of value exchange between Financial service providers, merchants, customers and other stakeholders, connecting payment transactions between multiple acquirers & payment service providers. A good example of a Payment and Switching company is Interswitch. 

A Switching and Processing license application requires a minimum share capital of 2 Billion Naira ( $ 4million).

b). Mobile Money Operator licenses :- A Mobile Money Operator (MMO) is a licensed service provider that develops and renders financial services through mobile telecommunications networks and mobile phones. A good example of an MMO would be Paga,MoMo or Opay.

An MMO license application to the CBN requires a minimum capital of 2 Billion Naira ($4 million) .

c). Payment Solution Service Provider (PSSP) licenses :- A PSSP is simply a Digital payment intermediary acting as a link between merchants and branches. Two good examples of a PSSP are Flutterwave and Paystack.

An application for a PSSP license to the Central Bank of Nigeria requires minimum share capital of 100 million Naira ($ 200,000.00) .

d). Payment Terminal Service Provider (PTSP) licenses :- A PTSP is a CBN-licensed company that specializes in ensuring the effectiveness of Point of Sale (POS) operations as well as support and maintenance structures. A good example of a PTSP is Citiserve.

Applications for PTSP license grants in Nigeria come with a minimum share capital requirement of 100 million Naira ($200,000.00).

It should be noted that an application for a dual grant of a PSSP license as well as a  PTSP license is possible and comes with a minimum capital requirement of 250million Naira ($500,000.00).

e). Super Agent Banking licenses :- A super agent is a company licensed by the Central Bank of Nigeria for the purpose of Agency banking which involves the provision/delivery of financial services within rural communities on behalf of Banks as a way of low cost mass Financial inclusion using Fintech tools. A good example of a Super Agent is Innovectives Limited.

An application for a Super Agent license comes with a minimum share capital requirement of 50 million Naira ($100,000.00).

f). Payment Service Banking (PSB) licenses :- A Payment Service Bank is a type of smaller scale operation bank engaging in the use of technology to mobilize financial services revolving mainly around deposits and transfers aimed at mainly unbanked communities, . PSBs can be owned by Telecommunications companies  and operate digital wallets but cannot operate or open bank accounts for its customers. Nevertheless,they can issue Debit and Prepaid cards as well as engage in Agency banking. Notable examples of PSBs include 9PSB(owned by 9mobile Nigeria) and Hope PSB.

PSB licensing comes with a minimum share capital requirement of 5Billion Naira ( $ 10 million).

g). Foreign exchange & Remittance service licenses :- Remittance services simply involve the use of technology in seamlessly moving Foreign currencies and payments across international borders. Examples of Foreign exchange and remittance companies include Western Union, Sendwave, MoneyGram and Chipper.

Foreign exchange & remittance transaction facilitations are regulated by the Central Bank of Nigeria through its CBN guidelines on International Mobile Money Remittance service in Nigeria first mainly introduced in 2015 and flowing from earlier 2014 Guidelines for the Operation of International Money Transfer Services in Nigeria (also known as the “IMTO Guidelines”).

Licensing for International Money Transfer operations allows for the following :-

– Money Transfer Services for personal purposes;

– no money deposit or Moneylending services by companies engaged in IMTO or International Transfer Services;

– a minimum share capital of 2billion Naira for the purpose of securing an International Money Transfer license from the CBN if the company is fully Nigerian-owned and first registered in Nigeria or $ 1million if the company is foreign owned with presented evidence of being licensed as an IMTO in its home country;

– IMTOs must also have authorized Foreign exchange dealers (banks) to serve as its local agents.

Due to the 2020 CBN circulars on International Money Transfers, recipients of Diaspora remittances through IMTOs can now receive such inflows in foreign currency through the IMTO’s agent bank. These remittances can be either received over the counter as Foreign currencies or transferred to the ordinary domiciliary account of the recipient.

4. Insurtech licenses

Insurance in the first place involves the undertaking or guarantee by a company to provide a specified amount of compensation (usually monetary) in the event of a specifically mentioned type of loss in exchange for the typically periodic payment of a monetary sum called a premium.

Insurtech, a merger of the words “Insurance” and “Technology” , refers to the use of technology aimed at making more efficient current Insurance operation models. Examples of Insurtech companies include Curacel, Tangerine Life, Casava and AutoGenius.

Insurtech companies can be delivered into Digital platform Insurance service providers that would subscribe to the licensing procedures for Insurance companies in Nigeria and then Insurance Web  Aggregators which are companies registered and licensed to act as an intermediary between Insurance companies and the public.

Licensing in the insurance industry is under the Insurance Act 2003 through the National Insurance Commission.

The minimum share capital requirements for Insurance Web Aggregators is 5million Naira ($10,000.00) with a bi-annual licensing fee of 2.5million Naira ($5,000.00).

The minimum capital requirement for Unit Microinsurers is 40million Naira ($80,000.00)  while that of State Microinsurers is 100 million Naira ($200,000.00). The minimum capital requirement for National Microinsurers is 600million Naira ( $1.2 million).

For Life Insurance companies the minimum capital requirement is 8Billion Naira ($16 million).

For General Insurance companies, it is 10Billion Naira ( $20 million).

For Composite Insurance companies, it is 18Billion Naira ($36 million).

For Reinsurance companies, the minimum capital requirement is 20Billion Naira ($ 40 million).

5. Robo-Advisory licenses

A Robo-Advisor is a digital financial advisor that provides Investment advisory and and management services with moderate to minimal human intervention.

Robo-Advisory operations are governed by the Securities and Exchange Commission through the Robo-Advisory rules and like traditional Corporate Investment Advisors, are required to comply with the same Licensing and operation requirements.

A Robo-Advisor can be any of the following-

– A Robo Adviser:- A person who provides digital Advisory services;

– A Digital Advisory service :- Which provides advice on Investment products using automated algorithm-based tools which are client-facing with little or no human advisor interaction in the advisory process;

– A Fully Automated Robo-Adviser :- Which is a Robo-Advisor with no human advisor interaction in the entire Advisory process.

Applying for a Robo-Advisory license comes with a minimum capital requirement of 5 million Naira ( $10,000.00).

6. Sandbox Operations Framework

A Regulatory Sandbox is a framework set up by a regulator, in this case the Central Bank of Nigeria, that allows Fintech Start-ups and other innovators to live-test innovative products, services, delivery channels or business models in a controlled environment with regulatory supervision, with certain safeguards and conditions in place.

The CBN Regulatory Sandbox is different from the Financial Service Innovators Association of Nigeria (FSI) Sandbox which under falls under the supervision of the CBN and the Nigerian Interbank Settlement System (NIBSS). The Sandbox is aimed at the definition of the establishment, rules and operations of a Regulatory incubation framework aimed at the Nigerian payments system.

A company that scales through the 6 months maximum testing period of the Sandbox can be able to meet the relevant legal and regulatory requirements and then be introduced to the market.

The CBN places a high amount of regulatory seriousness on Confidentiality and Data Protection in the Sandbox aimed at the protection of Start-up Intellectual Property protection.

Special mention should be given to Blockchain and Cryptocurrency operations which have unfortunately been treated with unfriendly suspicion by the CBN to the point of being omitted in its Sandbox. Banks and Financial Institutions are specifically banned by virtue of a CBN February 2021 letter to all Banks and Financial Institutions from trading in, opening and operating Cryptocurrency transaction accounts at the risk of facing huge sanctions, but currently there’s still no law in Nigeria outlawing the trading of Cryptocurrencies. 

Cryptocurrencies are digital currencies in which transactions are verified and records maintained by a decentralized system using Cryptography while a Blockchain is a storage technology used for saving data in decentralized networks beyond just Cryptocurrency transaction records. So while engaging unlicensed peer-to-peer cross border Cryptocurrency trading might not be illegal, Nigeria currently has no Legal Framework for allowing such transactions with the consequence of claims arising from Cryptocurrency transaction disputes not enforceable in the country for now. It is hoped that this situation will change soon.

It is hoped that a basic but helpful understanding of Nigeria’s Fintech Regulatory Framework has been gained through this article.