Thursday, January 20, 2022 / 09:57 AM / By
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NOTAP approves composite agreements such as Technical Know-How and Management Services agreement in the Manufacturing Sector. The conditions and application remain the same with know-how and Management service agreement.
Below, we share the procedure for a NOTAP registration.
Application for the registration of technology transfer agreement with NOTAP is made in the applicant's company letterhead paper directed to the Director of NOTAP within thirty (30) days from the effective date of the agreement. Section 5 of the NOTAP Act provides that "every contract or agreement which on the date of the coming into force of this Act had been entered into by any person in Nigeria and which still has an effect on the commencement of this Act in relation to any matter shall be registered with the National Office in the prescribed manner not later than six months after the commencement of this Act".
Section 5(3) goes further to state that every application for the registration of a contract or agreement shall be addressed to the director and shall be accompanied by a number of certified true copies of the contract and agreement and by all other related documents annexed thereto.
Applicants are required to make payment of a presentation fee of N50, 000 (Fifty Thousand Naira) through the NOTAP online portal to commence registration, accompanied with the following information and documents:
Upon the submission and evaluation of the technology transfer agreement, all issues, observations will be addressed by the agency before the approval of the registration through an official letter to the applicant. NOTAP evaluates the agreement in terms of its legal, economic, and technical benefits to the Nigerian economy before registration.
The registration with NOTAP can be granted upon conditions in some cases, where it is satisfied that it would be in the national best interest to grant same, although the agreement can still be subject to modifications adjustments, and submission of other documents such as tax clearance certificate, invoices, etc.
Furthermore, the registration can be successfully granted without conditions in writing by NOTAP, where it is certain that the scope of services contained in the technology transfer agreement is fair to both parties involved and there is value for money. In another sense, the application for registration can be rejected by NOTAP where it is observed that the technological interest of Nigeria is not considered in the negotiation, drafting, and implementation of the technology transfer agreement. It can also be rejected where the agreement contravenes the laws of Nigeria.
Finally, a Certificate of Registration is issued and granted to the applicant with the original copy of the agreement, which has been certified by Director- General of NOTAP.
Fees Payable for the Registration with NOTAP
The following official fees must be made through the NOTAP online Remita platform, as the printout page containing the Remita Retrieval Reference (RRR) will be submitted to NOTAP.
Additional requirements for registration
There are also general rules and guidelines provided by NOTAP for companies to adhere to before registration. Some of these requirements are as follows;
These requirements are some of the rules that govern the requirements that technology transfer agreement must meet before registration with NOTAP, note that these highlighted requirements are a few of the requirements provided by NOTAP. Hence, applicants must conduct due diligence to be abreast with the rules to ensure that it meets the requirements before applying for registration.
All individuals and companies interested in technology transfer agreements are eligible to apply for the registration with NOTAP. For the registration with NOTAP, any applications that fail to comply with the above requirements and procedure will be returned unprocessed to the applicant until the requirements are met. Section 6 (2) of the NOTAP Act provides that the Director shall not register any contract or agreement where he is satisfied that its purpose is for the transfer of technology freely available in Nigeria and where the price or other valuable consideration is not commensurate with the technology acquired or to be acquired.
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