Engineering Council Act, 2011 (Act 819)
Section 44: Offences (1) A person who
(a) makes a false declaration in an application for registration;
(b) wilfully and falsely uses a name, title or addition implying a qualification to practise as an engineering practitioner under this Act;
(c) without being registered under this Act
(i) practises or professes to practise as an engineering practitioner; or
(ii) designs, draws or prepares engineering documents; or
(iii) approves or certifies an engineering work; or
(iv) operates an engineering firm without a registered engineering practitioner in partnership;
(d) wilfully destroys or damages a register kept under this Act; or
(e) contravenes any other provision of this Act,
commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or to a term of imprisonment of not more than two years or to both and in the case of a continuing offence to a further fine often penalty units for each day during which the offence
continues after written notice has been served on the offender by the Board.
(2) Where an offence under this Act is committed by a body of persons or organisation
(a) in the case of a body corporate other than a partnership, each director, or secretary of that body shall be guilty of the offence; and
(b) in the case of a partnership, each partner shall be guilty of the offence.
(3) Despite subsection (2) a person shall not be convicted of an offence if the person proves that the offence was committed without that person's knowledge or consent, or that the person took the necessary steps having regard to the circumstances, to prevent the commission of the offence.
Subject :
Procedure to Follow
Application for Licence
An
application for licence shall be made in writing to the Head, Banking
Supervision Department, Bank of Ghana, Accra, and shall be accompanied
by:
- A certified true copy of the Company Regulations or other Instrument(s), relating to the proposed bank or specialised deposit-taking institution under which the person proposing to carry on the business of banking or deposit-taking was established;
- The names, addresses, occupations, business and professional history, certified financial positions and corporate affiliations of the significant shareholders and details of their respective shareholdings;
- When the applicant is a member of a corporate group;
(i) a complete organizational structure including a diagram of the group
(ii) direct and indirect affiliates and associates of the applicant, and
(iii) the nature of the relationship with the group - The particulars of the proposed directors and key management personnel of the applicant, including
(i) their qualifications and experience,
(ii) business and professional history for the preceding ten (10) years or a longer period that the Bank of Ghana may determine,
(iii) certified financial position,
(iv) business interests, and
(v) the performance of the business concerns under their control or management - A feasibility report including business plan and financial projections for the first five years, and intended areas of specialisation as well as Anti-Money Laundering policy and internal rules;
- Documentary evidence of the capital of the applicant, including the original sources of funds and particulars of the ultimate beneficial owners;
- In the case of foreign applicant
(i) notarised copies of the certificates of incorporation and commencement of business, and the Company Regulations (Articles of Incorporation) or other relevant instruments or by-laws or similar documents;
(ii) shareholders’ resolution; and
(iii) a written confirmation from the supervisory authority of the country of the foreign applicant that the supervisory authority has no objection to the proposal of the applicant to carry on the business of banking or deposit-taking in Ghana and that that supervisory authority exercises global consolidated supervision over the foreign applicant; - A statement on measures and structures that the applicant’s business would be conducted under sound corporate governance principles and in accordance with the Anti-Money Laundering and Anti-Terrorism laws of Ghana;
- The processing fee that the Bank of Ghana may by notice specify (kindly see 4.0); and
- Any other particulars that the Bank of Ghana may require.
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