The Companies Act, 2019 ( ACT 992)
Section 255: (1) Despite any provision of this Act or the constitution of a company, the Court may,
(a) on the application of a company, or (b) with leave of
(i) the Court,
(ii) a member or creditor of a company,
order that an arrangement, compromise, merger or division shall be binding on the company, and on any other person or classes of persons as the Court may specify and any such order may be made on the terms and conditions that the Court considers appropriate.
(2) Before making an order under subsection (1), the Court may, (a) on the application of
(i) the company,
(ii) a member or creditor of the company,
(iii) any other person who appears to the Court to be interested in the matter, or
(b) on its own motion, make anyone or more of the orders specified in subsection
(3). (3) An order referred to under subsection (2) consist of (a) an order that notice of the application, together with any information relating to the order as the Court considers appropriate, is given
(i) in a form and manner, and
(ii) to the persons or classes of persons, that the Court may specify; (b) an order directing the holding of a general meeting of
(i) the members of a company,
(ii) any class of members of a company determined by the Court, (iii) the creditors of a company, and
(iv) any class of creditors of a company determined by the Court,
to consider and approve in the manner as the Court may specify, the proposed arrangement, compromise, merger or division;
(c) an order requiring that a report on the proposed arrangement, compromise, merger or division is,
(i) prepared by a person specified by the Court; and
(ii) if the Court considers it appropriate, furnished to the members or any class of members or creditors or any class of creditors of a company or any other person who appears to the Court to be interested;
(d) an order as to the payment of the costs incurred in the preparation of any such report; and
(e) an order specifying the person who is entitled to appear and be heard on the application to approve the arrangement, compromise, merger or division.
(4) An order made under tills section shall have effect on the date specified in that order.
(5) The directors of the company shall, within fourteen days of an order made by the Court,
ensure that a copy of the order is filed with the Registrar for registration.
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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