The Companies Act, 2019 ( ACT 992)
Section 110: (1) A charge, other than a charge specified in subsection (5), created by a company after the commencement of this Act is void so far as a security on the property of the company, is conferred by that charge, unless the particulars prescribed in this section together with the original or a certified copy of the instrument by which the charge is created or evidenced, are delivered in the prescribed form to the Registrar for registration within forty-five days after the date of the creation of the charge.
(2) For the purposes of subsection (1), "property" includes the undertaking of the company and the unpaid liability on the shares of the company.
(3) This section shall not affect a contract or an obligation for repayment of the money secured by the contract or obligation.
4) When a charge becomes void under this section, the money secured by the charge shall immediately become payable despite a provision to the contrary in the contract.
(5) This section shall not apply to a pledge of, or possessory lien on, goods, or to a charge, by way of pledge, deposit, letter of hypothecation or trust receipt, of bills of lading, dock warrants or any other documents of title to goods, or of bills of exchange, promissory notes or any other negotiable securities for money.
(6) Subject to subsections (7) and (8), the particulars requiring delivery for registration under this section are
(a) the date of creation of the charge;
(b) the nature of the charge;
(c) the amount of money secured by the charge, or the maxi- mum sum of money secured by the charge in accordance with section 111;
(d) short particulars of the property charged;
(e) the persons entitled to the charge;
(f) in the case of a floating charge, the nature of a restriction on the power of the company to grant further charges ranking in priority to, or at the same rate with, the charge created by the registration; and
(g) particulars of any variation of the terms and provisions of a charge.
(7) Where a series of debentures containing, or giving by reference to any other instrument, a charge to the benefit of which the debenture holders are entitled at the same rate, is created by the company, it shall, for the purposes of this section, be sufficient if the debentures are delivered to the Registrar within forty-five days after the execution of the document containing the charge or, if there is no document containing the charge after the execution of any debentures of the series, the following particulars, namely,
(a) the dates of the resolutions authorising the issue of the series and the date of the covering deed by which the security is created or defined,
(b) the total amount of money secured by the whole series,
(c) the names of the trustees, and
(d) the particulars specified in paragraphs (b), (d) and (f) of sub section (6) of this section, together with the original or certified copy of the deed creating the charge or, of any deed variation of the terms and provisions of the charge or if there is no certified copy of the deed, the debentures of the series.
(8) For the purposes of subsections (1) and (7), a certified copy is a copy which bas, endorsed on that copy, a certificate to the effect that it is a true and complete copy of the original, under the seal of the company or signed personally by a person interested in the copy otherwise than on behalf of the company.
(9) Where the original is not in the English language, tbe copy shall also contain a translation acceptable to the Registrar similarly certified to the effect that it is an accurate translation of the original.
(l0) This section does not affect the provisions of any other enactment relating to the registration of charges.
Procedure to Follow
1. Applicant may purchase a set of Limited Liability Forms from the in-house bank or via download
2. Provide Consent letter from certified auditor by the Institute of Chartered Auditors and must be registered as a Sole Proprietor/Partnership
3. Form 3 must be witnessed by Commissioner for Oaths/Notary Public/Self-Declared
4. A minimum of two directors is required. Each must submit Statutory Declaration & Consent Letter with the registion Form
5. Submit filled forms at the Company Registration Counter for Verification and Capturing or via Online
6. Pay two hundred and thirty Ghanaian Cedi (GHS 230) for Incorporation or via Online Also Filing fee of Fifty Ghanaian Cedi (GHS 50) and 0.5% stamp duty on stated capital at the in-house bank or via Online Registrar Examines, Approves & Issues : Certificate of Incorporation Certified Copy(CTC) of Standard/Registered Constitution of the Company Certified Copy(CTC) of Form 3 File Annual Returns at Fifty Ghanaian Cedi(GHS 50) together with Audited Account
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Responsible Institution
- Email: info@rgd.gov.gh
- Website: https://www.rgd.gov.gh
- GPS: GA-143-4647
- Telephone: +233 302 664 691-93
Relevant Forms to Download
Online System
Link Unavailable
Fees/ charges
Not Avaiable
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