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 Chapters 4 and 5 deal with the constitution of a company, which under the repealed Act 179 is the regulations of a company, and the role of the promoter respectively.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.