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Jul 28, 2009 · 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
1 day ago · A transformative legal system must strive to eliminate these disparities by guaranteeing equal access to justice for all, irrespective of socio-economic status or background. Promoting Economic Development: Beyond the realms of justice, a transformative legal system is pivotal for fostering economic development and investment in Ghana.
- 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 ...
- Abolish the writ system. Ghana currently operates a writ system. When a plaintiff wants to institute an action, they must procure a particular original writ, and abide by specific usages and principles of law relating to the writ system.
- Use technology better. Information and communications technology (ICT) should be used more in filing and receiving orders, serving notices and other processes.
- The rules of enforcement of human rights. Article 33 of the 1992 Constitution of Ghana and Order 67 of the High Court Rules have provided suitable grounding for the protection of fundamental human rights.
- Make the Human Rights Commission the Human Rights Court. Ghana needs to prepare its Commission on Human Rights and Administrative Justice to be the Human Rights Court of the future.
Ghana stands as one among several nations characterized by a pluralistic legal system, necessitated by its legal tradition, historical backdrop, cultural heritage, and statutory regulations....
Jan 30, 2022 · Lecture 3 examines how digital technology challenges the Ghana legal system’s regulatory function. It focuses on consumer protection in the digital marketplace and new working methods organised through digital labour platforms such as Uber and Bolt. It argues for statutory and judicial interventions to protect consumers and platform workers.
Feb 14, 2022 · The changes needed to position the profession as a strong global competitor starts with an overhaul of the current legal education system. Ghana has become a frontier for corporate legal...
