This note will briefly discuss the meaning of a company, its status as a legal entity, and the primary legislation regulating companies in Ghana.
This is the first in a two-part series on the changes introduced by Act 992, focusing on how it modifies provisions under Act 179. Key changes include renaming a company’s governing document from "regulations" to "constitution," revising age qualifications, and reducing the processes involved in the formation of a company, among other modifications.
This note will discuss the new enactments introduced by the Companies Act, 2019 (Act 992). By “new enactments,” we refer to provisions that did not exist under the Companies Act, 1963, (Act 179) but forms part of Act 992. The major ones to be discussed include the introduction of new suffixes for all types of companies, the regulation of major transactions, provisions on buy-out for minority shareholders, establishment of the office of the Registrar of Companies, and introduction of an interest register, among others.
This note will discuss the formation of a company in terms of when it becomes necessary to incorporate a company, who can apply for the incorporation of a company, the number of persons required to form a company, the types of company that can be formed under Act 992, the processes involved in the formation of a company, and incorporation.
Different types of companies can be formed for different purposes. In this note, we highlight the types of companies that can be formed.
This note will discuss a company limited by shares as one of the types of companies in Ghana. The note will also discuss the two types of companies limited by shares, peculiar details that are provided during the registration of a company limited by shares, and the names of companies limited by shares.
This note will discuss a company limited by guarantee as one of the types of companies in Ghana. The note will also discuss limits placed on a company limited by guarantee, the two types of companies limited by guarantee, peculiar details that are provided during the registration of a company limited by guarantee, and the names of companies limited by guarantee.
This note will discuss an unlimited company as one of the types of companies in Ghana. The note will also discuss the two types of unlimited companies, peculiar details that are provided during the registration of an unlimited company, and the names of unlimited companies.
This note will discuss the meaning of the constitution of a company, its effects, and highlight the types of constitution recognised under the Companies Act, 2019 (Act 992).
In a previous note, we highlighted that a company can have or registered constitution or use the default constitution provided for it under the Companies Act, 2019 (Act 992). In this note, we will discuss the meaning of a registered constitution, when a company can have a registered constitution, the content of the registered constitution, the form of the registered constitution, and what a registered constitution may be used to achieve.
This note will discuss the regulation of foreign participation in enterprises under the Ghana Investment Promotion Centre Act, 2013 (Act 865).
This note will discuss the meaning of corporate governance, the need for corporate governance, the key principles that underpin good corporate governance, and the legal and regulatory framework of corporate governance in Ghana.