National Assembly Chambers
By Ramatoulie Jawo
Marie Therese Gomez, the Acting Registrar of Companies, appeared before the National Assembly’s joint committee on Public Enterprise Committee (PEC) and Finance and Public Accounts Committee (FPAC) on Thursday, August 8th, 2024. She testified as part of the parliamentary inquiry into a petroleum product transaction valued at $30 million.
The inquiry, initiated by the National Assembly joint committee, focuses on a total of 36,935.614 metric tons of petroleum products worth $30 million.
During the session, Lamin J. Sanneh, the chairperson of the Public Enterprise Committee, requested that the registrar provide documents related to Apogee FZC Company, Creed Energy, and Ultimate Beige Limited.
In her testimony, Gomez explained that her office is responsible for approving company or business registrations once all necessary processes and requirements are met. She confirmed that she possessed the documents related to the mentioned companies—Apogee Limited Gambia, Ultimate Beige Logistic Gambia Company Limited, and Creed Energy Limited—as requested by the committee in the summons she received.
“Apogee Company Limited was incorporated on 30th January in the year 2024 and as such are not due to file their returns, it is registered company and is for profit making the type of business is petroleum and all type of petroleum products import and export and other related activities. For the shareholders, it is written Apogee FZE,” she told the committee.
Ms. Gomez explained that Creed Energy Limited was incorporated on May 7, 2021. Since then, they have filed an allotment of shares, a notice of change of director, and their 2022 returns, which were the last returns they submitted.
She informed the joint committee that Ultimate Beige Logistic was incorporated in 2023 but has yet to file their returns, even though they are due, as the company was established in May 2023.
Ms. Gomez added that during the formation of a company, applicants are required to provide a constitution, known as the Memorandum and Articles of Association, along with their ID cards or passports.
She further noted that after paying for the incorporation, applicants must submit or obtain a certificate in the company’s name. The law also requires them to reserve a company name to ensure it is unique. Once the name reservation is completed and the D500.00 fee is paid, the necessary documentation will be prepared and submitted.
“This documentation is the Memorandum and Articles of Association with the ID Cards of the shareholders and Directors, and once those are submitted and the tin certificate they would go to the cashier, who would do the entry, and they would forward the documents to my office,” he said.
When asked whether there is a requirement for local ownership of companies, she explained that during the formation of a company, there is indeed a requirement that at least one individual, whether it be the Secretary or another designated person, must be a resident of The Gambia. She mentioned that a company can be formed by a promoter, who may also hire a legal practitioner to handle the formation process. In this case, Haddy Dandeh Njie was contracted to manage the filings on their behalf.
Regarding the committee’s summons, she noted that it referenced Apogee FC. However, when she checked the system, it showed Apogee Gambia Limited.
“I printed the documents, but because she was busy throughout on Wednesday 7th August 2024 I could not go through the documents it is now that I have realized that it is foreign company,” she said.