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- This note discussed the constitution, the common law and rules of equity, Act 992, and the Gower Report as sources of company law in Ghana
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On completion of this chapter, you should be able to outline, discuss and distinguish between the various sources of Ghanaian law. SOURCES OF GHANAIAN LAW. Article 11 (1) of the 1992 Constitution of Ghana states the sources of Ghanaian law as following: BA (Hons), LL.B (Hons), LL.M (UG), ECNIS (Harvard), BL.
GHANA: An Introduction to Corporate/Commercial gives an overview of this area of law, provided by AB & David. Find out more on Chambers and Partners.
Jan 26, 2022 · In doing so, the paper traces the history and evolution of modern commercial law; highlights the characteristics and functions of the commercial law of Ghana; enumerates the sources of commercial law in Ghana; makes critical suggestions towards the codification of commercial law in Ghana and finally concludes with the challenges and future of th...
The laws governing business operations in Ghana are designed to align with international standards and best practices. These laws encompass various aspects of business activities, including copyrights, patents, trademarks, dispute resolution, and labor relations.
- 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 ...
The following are the main sources of law in Ghana: The Constitution; Legislation made by or under the authority of the Parliament. Any orders, rules and regulations made by any person or authority under a power conferred by this Constitution (or subsidiary or subordinate legislation)
In this sense, the Ghana Companies Act, 2019 (Act 992) is the main primary legislative source of Company law in Ghana (regulating business companies and their operations). However, some other relevant statutes have special provisions regulating business association and the conduct of business. The other relevant Statutes include: Ghana Invest.
