CAC Orders Name Change for KPMG Advisory Services

The Corporate Affairs Commission (CAC) has directed the business operating under the name KPMG Advisory Services to change its name within six weeks, citing its close similarity to KPMG Nigeria, a long-established professional services firm headquartered in Lagos.

The directive, dated September 19, 2025, and signed by Chidimma Laureen Nwite on behalf of the Registrar-General, follows a recent appellate court judgment in favour of KPMG Nigeria.

The CAC acknowledged that the name KPMG Advisory Services (BN 2145583), registered on October 11, 2010, was erroneously approved, despite the prior existence of KPMG Nigeria and its associated entities.

In the letter, the Commission invoked Section 30(1) of the Companies and Allied Matters Act (CAMA) 2020, which prohibits the registration of business names that are identical or confusingly similar to existing ones.

The CAC also warned that failure to comply with the directive within the stipulated timeframe would result in enforcement action.

A copy of the letter was forwarded to the law firm Idowu Sofola & Co. for documentation.

This regulatory move follows a landmark ruling by the Lagos Division of the Court of Appeal on July 10, 2025, which nullified the registration of a similarly named entity, KPMG Professional Services.

The court found that the name registration violated statutory protections for existing business identities and misled the public.

In a unanimous judgment delivered by Justice Abdullahi Mahmud Bayero, the appellate court upheld all four reliefs sought by KPMG Nigeria against the CAC (first respondent) and KPMG Professional Services (second respondent).

The court ruled that the CAC acted improperly by registering a name that was deceptively similar to that of an already existing entity, contrary to Section 852 of CAMA 2020 (formerly Section 662(1)(d) under CAMA 1990).

The dispute traces back to 2002 when KPMG Nigeria initiated legal proceedings to challenge the registration of “KPMG Professional Services.”

The company argued that the name infringed upon its corporate identity and could mislead clients and the public.

The Federal High Court had initially ruled against KPMG Nigeria in 2005, asserting that a purported merger between KPMG Nigeria and Akintola Williams Deloitte invalidated KPMG Nigeria’s claim to the name.

However, the Court of Appeal overturned that ruling, noting that the merger claims lacked credible legal documentation and were based largely on unverified newspaper reports.

Justice Bayero emphasized that only a legally binding merger agreement could nullify KPMG Nigeria’s rights to its name.

He concluded that what existed, at most, was an unsubstantiated collaboration, and that KPMG Nigeria remained a legally recognized entity with prior rights to the brand.

READ ALSO: Court Of Appeal Nullifies Registration Of ‘KPMG Professional Service

The court further cited KPMG Nigeria’s historical precedence in name registration, including KPMG Audit (1969), KPMG Tax Consultants (1990), and KPMG Consulting, asserting that these earlier registrations strengthened its legal standing.

Criticizing the CAC’s conduct, the court stated, “The Registrar cannot assign a business name already held by another entity. One cannot give what one does not have — nemo dat quod non habet.”

The appellate court ordered the immediate removal of KPMG Professional Services from the CAC register and invalidated its certificate of registration.

It also issued a perpetual injunction restraining the firm from using the disputed name and mandated an inquiry into damages linked to profits earned under the contested identity.

The second respondent’s counterclaim was dismissed in full.

The ruling not only rectifies a long-standing dispute but also reinforces the legal framework protecting corporate identities in Nigeria.

The CAC’s recent enforcement order against KPMG Advisory Services is the latest step in aligning its registry with the judgment and upholding corporate name integrity.