Trinidad & Tobago Newsday
Trinidad & Tobago, W.I. - Pan’s future expansion lies not in the 1.2 million nation of TT, but in the 170 million people of Nigeria and other West African nations.
Africans who have learned much about the pan were at Wednesday’s launch of the Africa-Trinidad and Tobago Steelpan Development Company Limited. The launch took place at the Hyatt Regency, Port-of-Spain.
The function was supported by Pan Trinbago — whose president, Keith Diaz, is on the joint board of directors of the newly launched company. The TT Ministry of Foreign Affairs is also connected.
Nigeria-TT Chamber of Commerce co-chair, Mrs Ladi Franklin, recalled her group’s fact-finding mission to Nigeria July, 2011 to explore steel-pan making opportunities and possible strategic alliances.
The mission then met former Nigeria President, Chief Olusegun Obasanjo, who she dubbed the progenitor of pan in Nigeria. She praised the new company’s CEO, Chief Bogwie Bowei, for his work in Nigeria in making steelpans, creating a steelband, and running steelband competitions.
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Here's the thing. Unless there is a treaty in place, government to government, there can be no official co-productions, i.e. cross jurisdiction companies created to benefit both partners.
However there is no problem in creating a joint venture in any jurisdiction to set up any company between shareholders of different nationalities, residences etc.
Therefore this African-Trinidad Pan Company or whatever it is called has to be incorporated in one jurisdiction i.e. either Trinidad and Tobago or Nigeria with shareholders from either jurisdiction.
The question i ask is: in which jurisdiction is the company incorporated, Trinidad and Tobago or Nigeria and who are the shareholders?
The composition of the board of directors is inconsequential. Anybody can be on the board and they don't even have to be a shareholder.
The shareholders are the ones benefiting from the proceeds of the company and we should know who they are. Oh- and it cannot be an association such as Pan Trinbago- it has to be individuals, so who are they exactly?
This company will be able to take advantage of any and all incursions made by pan and panmen in the past and will do so by initially hiring some tuners, builders etc. which is why they need TnT now, but they soon will not, when they have their manufacturing and distribution in place and then it will be all on their own.
They will then be able to get international patents for new innovation in manufacturing, tuning or whatever they come up with, which they will, because of previous work which has been done and not documented or patented beforehand.
So who exactly is behind the company? Who stands to gain?
Remember there are no existing treaties between the two governments that would make this a real cross-jurisdictional joint venture, government to government, so there is a private entity or entities involved and it would be good to know who exactly they are and where exactly the company is incorporated.
Wayne, Business 101:
Who exactly is behind the company?
"Africa Trinidad & Tobago Steelpan Development Company (ATTSDC) is a limited liability company...existed in Nigeria as Xcel Steelpan Co. Ltd till May 2012 when full transformation to ATTSDC was achieved. It is now jointly owned by Pan Trinbago (The World Governing Body for Steelpan) as well as private investors - Xcel Tavern Ltd (a Nigerian company) and FCL Communications Ltd (a Trinidad and Tobago company)...Members of the board are: Mr. Kieth Diaz (Chairman), Chief Bowie S. Bowei (CEO), Mr. Daniel Lambert, Mrs. Ladi Franklin, Mrs. Modupe Okebukola, Mr. Richard Foteau, Mrs. Charity Babatunde, Mr. Jawara Mobota, Mr. Emmanuel John, Dr. Lancelot Anyanya and Mr. Allan Augustus." http://www.afrittsteelpanco.com/index.php/about-us So, the ANSWER:
Keep in mind, a "private" Limited Liability Company (or LLC), does not offer shares (in the company) to the public, and when they do, they have what is known as an IPO, or Initial Public Offering. This is when you and I, are able to purchase shares, and (essentially) be "part owners". Until such time, ONLY the three above-named owners benefit from the profits (or suffer from the losses). Also, note, that one can purchase their products, book them, and conduct other forms of commerce and business, directly via their website. http://www.afrittsteelpanco.com/. And, AGAIN, the legal premise is Pan Trinbago CAN NOT engage in this kind of business, and be a "non-profit body". Both their "Constitution" and Trinidad & Tobago's "Companies Act" are very clear on this. I have not looked into international trade laws; but I plan to...
Finally, Their "Head Office" (which is supposed to be in agreement with the address on their "Articles of Association"), is listed on their website as: Panland, Km33 Badagry Express Way, Opposite Agbara Industrial Estate, Lagos, Nigeria. You can find more contact info, on their website (above). So, the answer to your last question is: the company is incorporated in Lagos, Nigeria. Or, by law, they should be.
GHOST - Who Researches Before He Talks. In Ma'at (Truth. Justice. Reciprocity.)
Pan'tum my brother there are few that would face up to the truth,,luckily you are no fool and do know yourself around,, many would despise you for your knowledge and straight forwardness, well!! as for me, i do appreciate facing the facts of life,,at least i am learning a lot from your reseacrh on this website,,not leaving out the others whom are in the said catgory as you are,Respect for all ,God Bless.
Thank you, Ghost, for that thorough and detailed response ... much appreciated.
Peter
So it's a Nigerian company subject to Nigerian laws. I'm not cognizant of Nigerian company regulations but generally most countries limit the shareholding or ownership of local assets (local companies etc) to locally registered entities so that Pan Trinbago and FCL Communications would have had to register themselves in Nigeria before owning any local company.
If that is the case then who actually registered the two companies in Nigeria and by extension who are the registered shareholders in Nigeria of the two companies?
The directors, as distinct from the shareholders, only come into the picture as the custodians of the company's policy and for oversight etc. but don't normally share in the spoils, so to speak, unless they are just highly paid figureheads there only to skim off the profits, which are the modus operandi of some shaky companies, paying their directors ridiculous amounts while the company and its shareholders earn nothing.
So this is another aspect of the equation that will only come up if and when there is an audit of a failing company and not likely when the company is not a publicly traded company, as I expect this one to remain. So we will never know what the directors are getting out of it.
There is no international trade law in effect here: the company is a Nigerian company subject only to local Nigerian company regulations, no other jurisdiction has any say in what goes on with it.
By the way, the Pan Trinbago registered in Nigeria need not have anything to do with the Pan Trinbago registered in Trinidad and Tobago, except for the similar name.
Hello Wayne:
Are you in any way related to Tony Cezair (originally from Arima)? If so, please send me an e-mail at:atenergy@hotmail.com.
Thanks, Peter
Hotep. I've been doing a little research over the last few days, and based on the law, the facts, and evidence, Pan Trinbago and any "for profit" business or company they form, may not be legal, and in violation of applicable statutes, as they relate to "non-profit" unions or "associations". One thing is clear, they are, at least, guilty of false advertising, for their website claims that they are a "non-profit body incorporated in Trinidad and Tobago".
http://www.pantrinbago.co.tt/
Their "Constitution" specifically states that, "The Association shall not have or issue shares or stock. No dividend shall be paid and no part of the property or income of the Association shall be distributed to the members or officers of the Association.” Article 11 (Finance), The Constitution of Pan Trinbago. In other words, Pan Trinbago (being a "non-profit Association" cannot engage in business that provide shares or stock. This ATTSDC "partnership", CANNOT legally have either the Association, or ANY of its members representing the Association, be a part owner/ shareholder, from what I understand. Granted, I am not an attorney, but, I am going to contact the Pan Trinbago membership, and alert them to the fact, that they may have a "class action" case against Pan Trinbago, and should unite, and retain legal representation.
http://www.pantrinbago.co.tt/index.php?option=com_content&view=...
Trinidad and Tobago Companies Act: A “non-profit” company, means a company without share capital. Page 30 of 629. https://www.ttbizlink.gov.tt/trade/tnt/cmn/pdf/Companies%20Act-81.0... (See Part V – Other Registered Companies. Division 1- Companies Without Share Capital. 301. Page 188 of 629. Also see Form 2 – Articles of Incorporation, Non-Profit Company. Page 521 of 629. Also Form 29 – Annual Return of a Non-Profit Company incorporated or Continued under the Act. Page 587 of 629.)
Don't get me wrong, you ALL know me and my "Africaness", and I am sure if I stated that "it is there (Africa) that it all started...", as did the an Trinbago President, in his welcome address, those with "race issues", would have came out the proverbial woodwork, to eat me up. I am ALL for promoting pan, not just in my "Motherland", but all over our beautiful planet, and I continue to expose students of "every walk of life", to the instrument I love and adore. But I am not willing to see others exploit the industry and her "workers", for personal gain, especially while breaking the law in the process. The average pan man and pan woman, will NEVER benefit from this business venture, any more than they did, from the "prostitution" of Panorama this year, and these are the people that the "Legacy of George Sonny Goddard", will continue to defend, represent, and "fight" for. (Excuse my grammar.)
Finally, it is not coincidental, that two members resigned earlier this week, nor that we see all the rhetoric about lawsuits and suing people for speaking out, and speaking the truth. I eagerly await for Pan Trinbago or any of their "agents" on WST, to take me to court, for, again, I will prove that they have no legal precedent, and, as such, all intended motions should be vacated. Stay tuned; the "Revolution" is in progress, and DOES NOT need, NOR intend to be violent or illegal. One thing is clear: whether Boogsie realizes it or not, he has chosen the side of the enemy of the STEELBAND MOVEMENT. Namely, Pan Trinbago. Go on...eat ah food, Boogsie...
GHOST
Other Info:
“Pan Trinbago Inc. is a Cultural Association designed to represent a membership and to promote the Steelpan and its music. In 1991, the Association took the forward step of putting together a Capital Investment Programme, which was submitted to Cabinet. It might interest you to know that the principals involved in structuring the document were two eminent economists who were active pan men (Who are these two “pan men”?)…The question of profit so very often emerges and this is so because many people do not understand that Pan Trinbago is a unique entity – it carries out the functions of a Union but cannot be classified as a Union, which it is not…The Association is not in the business of making a profit, there are independent arms, which look after the business of profit making e.g. The revenue side of Panorama is dealt with by the Investment Corporation as part of its mandate.” Melville Bryan.
http://www.pantrinbago.co.tt/index.php?option=com_content&view=...
Pan is already all over Africa ... all you have to do is search this WST site for steelbands in Africa and you will find pan sides in South Africa, among other countries, not just Nigeria.
Several years ago, I tried to stimulate the creation of a small group in Soweto but just couldn't find an ideal/appropriate location (even though I already had the suite of pans). The idea was to focus more on indigineous South African music [Abdullah Ibrahim, Pops Mohammed, Miriam Makeba, etc.] rather than promote Trini style pan. I believe that the most effective way of generating a positive resoponse to the artform in foreign cultures is to demonstrate its capability to perform the indigenous musical genre, as our small group, PanSamba, tried to do in Brasil [1998 - 2001].
Cheers, Peter
Mr Peter Gray this is indeed the wonder of the Steelpan,,,playing any kind of music,,,and we all do know this for a fact,i,ve done it in my lifetime,,as a blackman i have and can still play and arrange Hindustani Music along with music from the Hare Rama Hare Chrishna Religion,,this is the Wonder of the Steelpan,,, it can play anything,,the God Given Musical Instument of T&T,,,the STEELPAN,,,,respect,,
If Pan Trinbago had done the same thing with America or England we would have applauded them, I would like to do the same here. A lot of negative things has been said about this venture but it's a done deal, we will just have to wait and see how it playes out.
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