| dc.description.abstract | Companies Regulations (CR) 2021 is a subsidiary legislation issued under the Companies and Allied Matters Act (CAMA) 2020, primary legislation, to regulate the registration of companies, business names, incorporated trustees and allied matters. This research noted a series of problems which hinders the smooth implementation and comprehension of the CR. Some of the problems include inconsistency in language and style of drafting, disconnect between the CAMA and CR in penalties and cumbersome drafting style in setting out procedures at the post-incorporation stage. These problems have created severe confusion amongst the lawyers and other stakeholders of CAC. The specific objectives of this research are to examine the standards of legislative drafting used in drafting the CR, to identify and discuss some challenges and prospects associated with the standards of drafting styles and to assess the rationale behind the shift from the old drafting style to the modern drafting style. The main justification of this research has to do with the speed at which the CR could be issued to solve a particular legal problem.
This research adopts a doctrinal approach for each objective, by using primary and secondary materials such as CAMA 2020, CR 2021, textbooks on legislative drafting and other scholarly published articles, Newspapers and online materials, amongst others. The research identifies the challenges impeding the application of the Regulations and develops a more comprehensive framework among others.
This research finds that the CAMA and CR are under severe criticism from the practitioners and other critical stakeholders especially in the management of the Incorporated Trustees which calls for an immediate review. Furthermore, the CR has failed to address recurrent challenges of internet network failure which paralyses the services of CAC. More also, CR which ought to serve as the tool for implementing the CAMA, 2020 contains numerous drafting errors.
The research recommends amongst others review of CR and re-drafting of the entire provisions to take care of omitted areas of practice and to bring the regulations in conformity with modern drafting style by avoiding legalese, archaic words above all to changing the language to a plain language approach. The research further recommends developing an in-house drafting manual which shall guide the drafters to work in line with the recommendations of this research. | en_US |
