Terms of Reference (TORs) for Background Checks, NGO Registration, and Legal Services.

Terms of Reference (TORs) for Background Checks, NGO Registration, and Legal Services.

1. Background

We are a Not-for-Profit Organisation that wishes to register in Nigeria and implement youth development projects, and we need the following services:

• Background checks on staff recruitment
• Review of employment contracts and grant agreements
• Legal services to register as an NGO in Nigeria
• Objective
  1. To conduct comprehensive background checks on shortlisted candidates to verify:
     • their credentials
     • criminal records
     • employment history
     • other relevant information to ensure they meet the requirements for the position.
  2. To investigate and facilitate the registration of a youth empowerment organization as an NGO in Nigeria.
  3. To provide templates for employment contracts and subgrant agreements that comply with Nigerian laws, and to review these contracts once the templates have been completed.

2. Scope of Work

2.1 Background checks for shortlisted candidates

• Verification of Educational Qualifications: Confirm the authenticity of academic certificates and degrees.
• Employment History Verification: Validate previous employment records, including job titles, duration, and reasons for leaving.
• Criminal Record Check: Conduct a thorough search for any criminal records or pending legal issues.
• Reference Checks: Contact previous employers and references provided by the candidate.
• Credit Check: Assess the candidate’s credit history, if applicable.
• Social Media Check: Review the candidate’s public social media profiles for any red flags.
• Identity Verification: Confirm the candidate’s identity through official documents.

2.2 Review of Employment Contracts and Grant Agreements:

• Contract Reviewing: Review employment contracts to ensure they are legally sound and protect the interests of the NGO and its employees.
• Grant Agreements: Review grant agreements to ensure they are legally compliant and clearly outline the terms, conditions, and obligations of all parties involved.
• Risk Mitigation: Identify and mitigate potential legal risks in employment contracts and grant agreements.
• Ongoing Compliance: Ensure that all contracts and agreements comply with current laws and regulations and are updated as needed.

2.3 NGO Registration in Nigeria:

• Investigate the most appropriate method of registering as an NGO in Nigeria that serves the interests of a youth empowerment organization.
• Once the investigation is complete and reviewed, proceed with the registration process.
• Ensure Compliance: Assist in navigating the legal requirements and processes involved in registering an NGO with the relevant authorities in Nigeria.
• Documentation: Draft, review, and finalize all necessary legal documents.
• Name Reservation and Consent: Conduct the name availability search and obtain the necessary approvals from the relevant authorities.
• Publications and Filings: Guide the process for required publications and the submission of all documents to the relevant authorities.
• Follow-Up and Certification: Monitor the registration process, address any legal issues that arise, and ensure the successful acquisition of the registration certificate.

3. Deliverables

• A detailed report on each candidate, including findings from all verification checks.
• A summary of any discrepancies or issues found during the background checks.
• Recommendations on whether to proceed with the hiring process based on the background check results.
• A report on the most appropriate method of registering as an NGO in Nigeria.
• Successful registration of the organization as an NGO in Nigeria by the legal representative.
• Employment contract templates compliant with Nigerian laws.
• Subgrant agreement templates compliant with Nigerian laws.
• Reviewed and approved employment contracts and subgrant agreements.

4. Timelines

• The background checks and NGO registration investigation should be completed within 30 business days from the date of engagement.
• The NGO registration process should be completed within 60 days from the date of review completion.
• The provision of templates and contract reviews should be completed within 7 working days from the date of engagement.

5. Confidentiality

All information obtained during the background checks, NGO registration investigation, and contract reviews must be kept confidential and used solely for the purpose of this engagement.

6. Methodology

Describe the methods and tools that will be used to conduct the background checks, NGO registration investigation, and contract reviews, including databases, online resources, and direct contact with institutions and references.

7. Compliance

Ensure compliance with all relevant Nigerian laws and regulations regarding background checks, data protection, NGO registration, employment contracts, and subgrant agreements.

8. Reporting

Provide regular updates on the progress of the background checks, NGO registration investigation, and contract reviews, and submit the final report in a clear and concise format.

9. Qualifications of the Consultant/Company

• Proven experience in conducting background checks and due diligence.
• Knowledge of Nigerian legal requirements and best practices.
• Strong network of contacts for verification purposes.
• Experience in registering NGOs in Nigeria.
• Ability to complete the NGO registration process on behalf of the organization.
• Experience in drafting employment contracts and subgrant agreements compliant with Nigerian laws.
• Legal expertise to review and approve contracts before execution.

10. Consultancy Fee:

• Eligible candidates should provide a detailed budget for the specified work.

11. Application Deadline:

Qualified candidates should submit their applications by close of business, 9th December 2024, to this address: yebassessments@youngafrica.org

How to apply

Application Deadline:

Qualified candidates should submit their applications by close of business, 9th December 2024, to this address: yebassessments@youngafrica.org