• Notaries Public Practice in Ghana – The Law, Cases and Materials (Hardcover)

    The book: “NOTARIES PUBLIC PRACTICE IN GHANA – The Law, Cases & Materials”, is the first of its kind by a local writer from and within our jurisdiction, contextualized against the background of Ghanaian jurisprudence, and yet informed by the standards and requirements of global notarial practice. The book sketches the historical origins of the notaries public and commissioner for oaths practice in Ghana, tracing the linkage between the practice here in Ghana and the received English law, the common law, principles and institutions and shows how the legal/notarial professions evolved in the Gold Coast all within the context of English common law and legal institutions.
    At the heart of the book, we see a distinct picture of the NOTARY – who he is; the requirements and qualifications for appointment and enrolment; the “Status of Notaries” as “officers of the court”, “officers of the legal system” and as “accountable institutions”, the implications and obligations arising therefrom this special status, as well as what broadly can be reckoned as “notarial acts”. The material covered includes sources of law for the practice; and the constitutional, statutory legal context in which the notary is required to function to assure the pursuit of justice underpinned by professionalism, ethics, integrity, morality, discipline and accountability.
    The powers, functions, duties and responsibilities of the notary are covered in detail, including the critical responsibility of the notary to prevent fraud, to avoid conflict of interest, to undertake due diligence prior to performing a notarial act; the duty to refuse to act in appropriate circumstances the notary’s duty to keep a register/journal of notarial acts; the notary’s engagements with administration of oaths and affirmations, swearing of oaths/affirmations, the taking of affidavits and declarations; powers of attorney; the notary’s traditional role in the validation of deeds and documents encompassing notarial duty of authentication, certification, attestation, legalization, verification and acknowledgment of deeds and documents; the requirements in the preparation and signing of legal documents; and the notary’s duty in the performance of official acts in commercial transactions.
    The book will be relevant in assisting in the advancement of the cause and development of the Ghana legal system, promote commerce and assure credibility and integrity required in legal documentation requisite in matters including mercantilism, banking, finance, land transactions, etc.; and in the enhancement of administration of justice and the rule of law. In addition, the book has carefully adapted corpus of forms and precedents for the guidance of solicitors and notary practitioners.

  • Companies, Corporate Insolvency and Restructuring in Ghana – The Law and Practice: Volume 1(Companies) -Hardcover

    Edited by a retired Justice of the Supreme Court of Ghana and an Associate Editor who is a Senior Partner in one of the leading law firms in Ghana, this book is intended as a practical guide for lawyers and other professionals who advise on corporate affairs in Ghana.

    The book can be regarded, in effect, as a sequel to the work undertaken by the Business Law Reform Committee of Experts, set up by the Attorney-General in 2008. Indeed, five contributors to the book were members of that Committee. The Committee was charged with the responsibility of making recommendations for the reform of Ghana’s business laws to ease the doing of business in the country. It decided to concentrate on company law in the first instance. The result of the Committee’s deliberations was the enactment of two important business statutes: The Companies Act, 2019 (Act 992) and the Corporate Insolvency and Restructuring Act, 2020 (Act 1015).

    After the enactment of these statutes, some members of the Committee considered that it would be helpful to practitioners of company law and administration in Ghana and investors in Ghanaian business, if the insights gained during the Committee’s deliberations were distilled into a practical book, in concert with other Ghanaian company law specialists, with the objective of producing a standard book of reference on Ghana’s corporate law. The Editor therefore invited these members of the Committee and other selected specialists to contribute to this book in two volumes. Volume 1 of this book discusses the law and practice relating to companies in Ghana, while volume 2 will focus on corporate insolvency and restructuring. The contributors hope that the two volumes will together contribute to a better practical appreciation of the framework for doing business in Ghana.

    Volume 1 begins with a chapter on the Concept and History of the Ghanaian Company, followed by a chapter on the Sources of the Company Law of Ghana, and then by a discussion of the Incidents, Attributes and Consequences of Incorporation. The nuts and bolts of incorporation in Ghana are next discussed in the chapter titled the Mechanics of Company Formation and Registration. The Core Innovations in the Companies Act, 2019 and the Office of the Registrar of Companies and its Governance receive attention next. Volume 1 then proceeds to tackle the core issues in corporate law and practice (including: corporate governance and sanctions; raising of capital by companies; reduction of capital; debentures and transfer of debentures; corporate management; requirements relating to beneficial ownership; litigation by companies; protection against illegality, oppression and unfair prejudice etc.) and concludes with a chapter on Piercing the Corporate Veil (Looking Beyond the Legal Persona).

    It is hoped that this book will succeed in making Ghanaian company law and corporate insolvency law more accessible to the professionals who practise it and to even the general public.

  • Modern Principles of Company Law in Ghana

    This book is a reference book that comprehensively covers the relevant top of company law in Ghana. With the passage of the new Companies Act, 2009 (Act 992), there is a need to have a book that comprehensively explains the principles of company law. This book covers many distinct parts of company law.

    The first part deals with an introduction to Company Law and companies Even though the book is on company law, the second chapter talks about other entities through which business can be undertaken or through which objects can be pursued. These entities include Sole Proprietorship, Partnership, Building Societies, Cooperative Societies, Incorporated Trust, Statutory Corporation and Non-Governmental Organisation under the proposed Non-Governmental Organisation Bill, 2018 and 2022. Chapter 3 also comes under the first part, which is an introduction to a company, requirements for the formation of a company and the types of companies that can be incorporated and registered in Ghana. Chapters 4 and 5 deal with the constitution of a company, which under the repealed Act 179 is the regulations of a company, and the role of the promoter respectively.

    The second part deals with company law concepts, most of which were developed under common law and are now given statutory backing. It covers principles on pre-incorporation contract, ultra vires and capacity of a company, corporate veil and the presumption of regularity.

    The third part covers governance issues, including membership, general meetings, directors, Company Secretary and auditors.

    This is followed by the fourth part, which deals with raising capital for companies, including principles relating to shares and debentures, restructuring or reorganisation, and rules relating to public companies.

    The last part deals with remedies available for corporate maladministration and liquidations. A new introduction in Ghana, the concept of administration of financial distress companies under the Corporate Insolvency and Restructuring Act, 2020 (Act 1015) and its amendment are also dealt with. The last chapter provides an overview of the requirements for a company to keep books of accounts and prepare financial statements.

  • Contemporary Trends in the Law of Immovable Property in Ghana

    The law of immovable property is concerned primarily with the relationships which exist between persons who hold, inter alia, interest in , title to or rights over immovable objects that are capable of ownership under a law in force at any one time. it is also inferentially, though comparatively minimally, concerned with the nature of such objects as well as the interest, title and rights that are permitted by the existing law t be held in such relevant objects. The law of immovable property is further concerned with a bundle of legal and institutional frameworks which regulate and manage the proprietary and other incidental matters pertaining to all that may be properly described as immovable property.

  • Land Law, Practice and Conveyancing in Ghana

    Land Law is about everything under the sun-both Substantive and procedure laws. The Author of this eminent book has carefully discussed both substantive and procedural land law of Ghana, truly assimilated with recent Land Law decisions and declarations. The object is to have a comprehensive textbook for Legal luminaries. This book has been revised to meet the demands of some professional law students and lawyers to include topics such as various forms of interest in land and their respective alienations. Power of Appointment, Fixtures, Waste and Spacemen of Conveyancing.

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