The Companies Act, 2019 ( ACT 992)
Section 177: (1) Where,
(a) a person is convicted, whether in the Republic or elsewhere, of
(i) an offence involving fraud or dishonesty,
(ii) an offence in connection with the promotion, formation or management of a body corporate,
(iii) an offence involving insider dealing, or
(iv) any other criminal offence which is not a misdemeanor;
(b) a person is adjudged bankrupt whether in the Republic or elsewhere;
(c) a person has been culpable of a criminal offence, whether convicted or not, in relation to a body corporate or of fraud or breach of duty in relation to a body corporate;
(d) it appears that a person is debarred by the competent authority from being a member of a recognised professional body as the result of a disciplinary inquiry; or
(e) there is an ongoing investigation by a criminal investigating body or by the Registrar or the equivalent in a foreign jurisdiction regarding the matters in paragraphs (a) to (d);
the Court, on its own motion or on the application of a person referred to in subsection (6), may order that that person shall not, without the leave of the Court, be a director of, or in any way, whether directly or indirectly, be concerned or take part in the management of a company or act as auditor, receiver or liquidator of a company for the period specified in the order.
(2) Without limiting subsection (I), a person is automatically disqualified for appointment as director or to act as a director of a company for a period of five years if that person has
(a) been convicted within the last five years of an offence involving fraud or dishonesty, or relating to the promotion, formation or running of a company,
(b) has been a director or senior executive of a company that has become insolvent within the last five years on account of or partly as a result of the culpable activities of that director, or
(c) has been disqualified to act as Company Secretary, receiver, manager or liquidator of a company.
(3) Where a person referred to in paragraph (a) of subsection (2) is subsequently subject to a
(a) second conviction, that person shall be automatically dis- qualified for a period of ten years; and
(b) third conviction, that person shall be permanently disqualified as a director or to act as a director.
(4) An order under paragraph (a) of subsection (1) may be made by a court in the country before which the person is convicted.
(5) A person referred to in paragraph (a) of subsection (2) may apply to the Court for re- instatement before the expiration of the ten year automatic disqualification period imposed under subsection (3).
(6) An application for an order under this section may be made by (a) any member or officer of the company,
(b) a person who can demonstrate an interest in the case,
(c) the Registrar or by the Official Trustee,
(d) the trustee in bankruptcy of the person concerned, or
(e) by the liquidator of a body corporate.
(7) A person who intends to apply for an order under this section shall give not less than twenty-eight days written notice of that intention to the person against whom the order is sought, and to the Registrar.
(8) On the hearing of an application under this section, the applicant, the person against whom the order is sought, the Registrar and the Official Trustee may appear, and give evidence and call witnesses.
(9) A person against whom an order is made under this section who intends to apply for leave to act as a director or in the management of a company shall give at least twenty- eight days written notice of that intention to the Registrar, and the Registrar, the Official Trustee, and that person on whose application the order was made or who appeared at the hearing at which the order was made, may appear and give evidence and call witnesses and draw the attention of the Court to any relevant matters.
(10) Where an order is made or leave is granted under this section, the Court making the order or granting leave shall forward a copy to the Registrar who shall publish a summary of the order in the Companies Bulletin.
(11) The Registrar shall maintain a register of orders made under this section and shall enter in the register, particulars of each order and of the leave granted.
(12) The register shall be open to the inspection of a person on payment of a fee determined by the Registrar for each inspection.
(13) A person who acts in contravention of an order made under this section commits an offence and is liable on summary conviction, in respect of each offence to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both the fine and the imprisonment.
(14) For the purpose of this section
(a) "insider dealing" means buying or selling securities in a company by persons who have access to non-public information about the company; and,
(b) "senior executive” means an employee who acts in the top hierarchy of the management of the company.
Subject : Registration of Business
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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