This note will provide an introduction to the legal regime that regulates the formation, operation, management, and dissolution of companies in Ghana. To achieve this, the note will explore the meaning, nature, history, and sources of company law in Ghana
This note briefly provides a history of the legal regime regulating the activities of companies in Ghana.
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
This note will discuss the meaning of a sole proprietorship and its key characteristics.
This note will discuss the circumstances under which a sole proprietor will be required to register a business name under the Registration of Business Names Act, 1962 (ACT 151) and the legal effects of such registration.
This note will examine the meaning of a partnership, its characteristics, and the extent to which those are similar to or distinguishable from the characteristics of a sole proprietorship and a company, as well as the statutory regulation of partnerships under the Incorporated Private Partnerships Act, 1962 (Act 152).
This note will discuss the statutory requirement that partnerships must be registered, the particulars to be submitted during registration, the effects of registration, and the consequences for non-registration. In doing so, the primary source of law will be the Incorporated Private Partnerships Act, 1962 (Act 152).
This note will discuss the meaning of directors and highlight them as one of the most important organs of a company. In addition, the note will discuss two persons (shadow director and de facto director) who have the duties and liabilities of directors but are not (to be) considered directors.
This note will discuss four relationships created between a company and its directors (jointly and severally). The four relationships that will be discussed are an agency relationship, a fiduciary relationship, a trust relationship, and a relationship where directors are officers of the company.
This note will discuss five types of directors recognised under the Companies Act, 2019 (Act 992) in Ghana. The directors to be discussed are non-executive directors, executive directors, managing directors, substitute directors, and alternate directors.
Under the Companies Act, 2019 (Act 992), a person must be appointed a director before he can be considered a director. This note discusses the criteria (if any) a person must meet before he can be appointed a director of the company. The note will examine the (dis)qualification criteria under Act 992, under the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), and following two directives issued under Act 930: The Fit and Proper Persons Directive (2019) and The Banking Business-Corporate Governance Directive, 2018.