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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 Chapters 4 and 5 deal with the constitution of a company, which under the repealed Act 179 is the regulations of a company, and the role of the promoter respectively.
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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.
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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.
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The book contains Fast Track and Automated Court Procedures and Case Management, Essential Precedents and Chamber Correspondence for Lawyers as well as a Directory Location for Courts.
One of the valuable features of the book is the provision of information on different aspects of court work and procedures unique to specific areas. Judicial Accounting, which is another aspect of the book, is different from the normal accounting duties in other government departments.
The offers a guide to the clerks and managers of law firms, court registry, provides information on essential precedents, chamber correspondence, law students and other tools lawyers need. No court can operate without successive inputs of court registrars, thus, the book is essential to understanding and managing courtroom matters.
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The Property Law of Ghana
This book consists of six related but separate parts combined in thirteen continuous chapters of land law. The thirteen chapters are fundamentally concerned with the development of the customary land law through the Ghanaian courts. In the first part, the main concepts underlying land law as well as the general characteristics of land are traced and analysed. The second segment deals with the law relating to interests in land, including modes of acquisition and loss of title. Tenancies and pledges are examined in their own right. Part 3 considers the nature of the customary law family, focusing on the composition of the family, the rights of members and the role of the head of family. In Part 4, rules regarding transfer of interests are considered within the general body of case law. This is followed logically by a consideration of the applicable doctrines of English law in Part 5. The final segment directs analysis at the impact of state legislative activity on customary law.
The rules of customary law were developed from pre-colonial times. It might be thought that the rules might be full of hoary anachronisms. The continuous decisions of the courts and the full impact of legislative activity have been the guiding hand in steering the customary land law in consonance with social and economic developments. No one argues that the customary law is in need of purgation. Principles derived from English equity jurisprudence have steadily worked their way into customary notions, particularly in the form of acquiescence, introducing equity’s peculiar element of fairness into the relevant customary law rules. Some of the perceived harshness or inadequacy of the customary land law have also been cured by legislation.
The present work is not a mere rearrangement of emphasis of the land law. I have attempted to bring into one coherent view the ideas expressed by the established jurists. The law we work with is constantly changing. It is constantly between the hammer and the anvil, changed and reshaped by judicial and statutory intervention. New answers are found as problems without judicial precedent press for statutory solution. Where authoritative answers cannot be found for such problems, I have relied on the evidence of actual social practice. Overall this book captures the restlessness of the indigenous law and the constant push for change. Several of the topics that dominated the old texts are receding. Statute law now overshadows many areas of the customary law.
There is considerable imbalance in the rendering of the customary land law of Ghana. Although this is a book on the customary land law of Ghana, a disproportionate number of both actual examples and case-law are drawn from southern Ghana. It reflects the general lacuna in current literature. This deficiency points to the urgent necessity of prosecuting a similar task in relation to the customary law of northern Ghana.
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