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Pluralistic legal system
- During the past century, Ghana has operated a pluralistic legal system encompassing English and other Western juristic ideas and procedures on the one hand, and Ghana's own indigenous laws on the other.
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During the past century, Ghana has operated a pluralistic legal system encompassing English and other Western juristic ideas and procedures on the one hand, and Ghana's own indigenous laws on the other.
- Samuel K. B. Asante
- 1987
Apr 17, 2020 · GhaLII is a non-profit organisation based in Accra that publishes digital parliamentary, legislative and judicial information from Ghana and ECOWAS. GhaLII's objectives include promotion of access to legal information from Ghana as a fundamental part of the rule of law.
- General Framework For Investments
- Choosing The Corporate Vechicle
- Acquisitions
- Banking & Financial Services
- Capital Markets
- Insurance Industry
- Mining
- Petroleum
- Telecomes
- Protection of IP Rights
The Directive Principles of State Policy, prescribed under the 1992 Republican Constitution of Ghana, emphasise the encouragement of foreign investment in Ghana, subject to any law that is in force and regulates investment in Ghana. The Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865) and the Free Zones Act 1995 (Act 504), respectively, ...
In Ghana a local entity may be established by either: the incorporation of a private or public company limited or unlimited by shares (for profit) or by guarantee (not for profit); or by registration of an external company, i.e. a branch of a company (for profit or not for profit) incorporated outside of Ghana. The minimum capitalisation (either ca...
A company seeking to do business in Ghana may acquire an equity stake in an existing company (investee company). Such an acquisition does not obviate the obligation to comply with minimum capitalisation requirements. Where the industry or sector in which an investee company operates is regulated, the approval of the regulator may be required. Addit...
The BoG must approve any agreement or arrangement that would result in a change in the control of any bank, non-banking financial institution or their holding companies. Consequently the sale, disposal or transfer of 10% or more of the capital or voting rights of a firm (significant interest), an amalgamation or a merger requires BoG approval.
Ghana’s capital markets are regulated by the SEC, which has the legal mandate to protect investors and maintain the integrity of the securities market and the GSE. There is also the Ghana Alternative Market (GAX), which is a parallel market to the GSE and which focuses on small and medium-sized enterprises that have potential, including start-ups. ...
In the insurance sector, the acquisition or sale of a significant interest in an insurance company also requires the prior written approval of the National Insurance Commission (NIC). A significant interest is defined as any interest in the company that entitles a person to control 10% or more of the voting rights, dividends or share in any distrib...
The acquisition of a stake in a mining enterprise that vests in any person, either alone or with an associate or associates, control of more than 20% of the voting power at any general meeting of a mining company or of its holding company requires the approval of the minister responsible for mines. The Mining Act is being reviewed in order to tight...
In the upstream sector, there is a local content requirement for a non-transferable minimum of 5% shareholding by Ghanaian companies operating in the upstream sector. This requirement can only be waived on the authority of the Ministry of Lands and Natural Resources. The downstream sector in Ghana covers the import, export, re-export, shipment, pro...
In the communications sector, the National Communications Authority must approve the transfer of shares in a licensee company if the transfer would result in a change of control of that company and cause that company to breach licence terms relating to its ownership structure.
Ghana has legislation protecting intellectual property (IP) and is a member of the World Intellectual Property Organisation (WIPO) and a signatory to the under-listed WIPO-administered treaties including: 1. Singapore Treaty on the Law of Trademark; 2. Paris Convention for the Protection of Industrial Property; 3. Washington Treaty on Intellectual ...
May 13, 2024 · In Ghana, the legal system serves as the bedrock of society, tasked with safeguarding rights, resolving disputes, and upholding the rule of law. Yet, as societal dynamics evolve and challenges emerge, the need for a transformative legal system becomes increasingly apparent.
Judicial System of Ghana. Supreme court: Supreme Court of Ghana. Ministry: Justice and Attorney-General. The justice system is broadly based on English Common Law, and the law relating to personal relationships and contracts is rooted in Ghanaian customary law.
The Ghanaian court system comprises the following courts in a descending order of importance: The Supreme Court. The Appeal Court. The High Court (Fast Track Division; Commercial Division and; Land Division; Human Right, Labour Division and the Financial Crimes Division). The Circuit Court, and. The District Court.
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2. Legal System. The Republic of Ghana inherited the English common law tradition ( For example, the principle of stare decisis was maintained so that judicial decisions would be based on legal precedent from the time when Ghana was a British dependent). The court structure and
