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Part XXIX — Bye-Law No. 28 — 16th May 2022

Commercial POS Operators Regulations

Licensing requirements for commercial Point-of-Sale operators within Bwari Area Council

Commercial POS Operators Regulations — Bye-Law No. 28

Part XXIX — Bwari Area Council FCT Abuja, Nigeria — 16th May 2022

Pursuant to Section 7 and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 55 and 56 of the Local Government Act, Laws of FCT Abuja 2006, the Bwari Area Council makes this Bye-Law governing commercial POS operators.

It shall be an offence for any person, individual or corporate body to establish or operate a Commercial POS (or any portable device accepting card/cash payments) without first obtaining a License from the Bwari Area Council.

No. 28
Part XXIX
16th May 2022
Magistrate Court, Any Grade

Definition of Commercial POS

What qualifies as a Commercial POS under this Bye-Law

A Commercial POS (Point of Sale) means:

  • A place where Debit/Credit card or transfer transactions are done to effect money transactions by either receipt or deposit of cash, on payment of a fee.
  • Any place — other than banks — where money transactions by either receipt or deposit of cash can be carried out, with or without the use of a Credit/Debit Card, on payment of a fee.

License Requirements & Fees

Annual License — Application, Fees, and Renewal

Annual License fee ranges from a minimum of ₦5,000.00 to a maximum of ₦20,000.00, depending on the size of the shop and the number of POS machines operated.

  • A License may be obtained from the Bwari Area Council upon application and payment of the prescribed fee as per the First Schedule of Part XV (No. 68) of the Bye-Laws.
  • Any License issued in January of the year shall expire on the 31st December of the year of issuance.
  • The License shall be renewed annually on payment of the same fee as prescribed at the time of initial issuance.
  • Enforcement of payment for License or Renewal shall follow the procedures in the Third Schedule of Part XV.

"License" includes a permit issued under the authority of the Revenue Mobile Unit carrying on business within the Bwari Area Council.

Offences & Penalties

Consequences for operating without a valid license

Any person, individual or corporate body who carries out Commercial POS business within the Bwari Area Council without a prior operating license shall be guilty and upon conviction be liable as follows:

Minimum fine of ₦25,000.00 or imprisonment of 3–6 months
Fine of ₦50,000.00 or closure for 1–3 months, or both fine and closure