There are many offences involving dishonesty under Ghanaian criminal law. In some cases, the elements (or ingredients) of the offence are the same. Some of these offences are Stealing, Dishonestly Receiving, Defrauding by False Pretences, Falsification of Accounts, Forgery and Uttering a Forged Document.
A person commits the offence of Stealing where they take your property without your permission with the intention of keeping it. In the facts, you give, you willingly gave up GHS 46,800. Therefore, there was no stealing really.
On the other hand, the offence of Defrauding by False Pretences (or what is normally called “Fraud”) occurs where a person makes a statement to you that if you part with your property to them, they would in turn do something for you, when they have no intention of keeping their promise or they knew their statement was false.
The facts you relate appear better suited for Defrauding by False Pretences than Stealing. You may report the matter to a police station near where the money was taken from you, where the gold was supposed to be given to you or near where the person who took your money took it from you. The police, in their discretion, would decide whether an offence has been committed, and what offence it is. Good luck.
Monday, September 27, 2010
Thursday, September 23, 2010
Before You Become a Director of a Company
Before you become a director (of any kind) of a company, you must know that there are certain risks you would be assuming. The risks are many and beyond the purpose of this blog, but I have summarised and listed many important ones below.
1. A director risks liability for a company’s criminal acts. A company may be tried and convicted for criminal acts such as stealing, fraud, corruption, forgery, and possibly even murder. Because a company is not human and can only be fined but not jailed, officers of the company such as directors may be made to bite that bullet. This liability stretches to the offence of “contempt of court”.
2. Directors stand in a position of utmost trust with the company. They are ‘sworn’ to act always in the best interest of the company. Where a director acts adversely to this duty, they may be sued by the company or, in certain circumstances, by the shareholders of the company.
3. Directors of a company may find themselves unable to work in certain institutions if the company goes insolvent, such as banks. This would limit employment opportunities.
4. Directors of companies have to declare their interests in any contract or transaction or other companies with which the company of which they are directors is involved. Failure to do this would attract punitive measures.
5. There are several requirements imposed on companies by Ghanaian company law. An example is the requirements that companies should file certain returns and statements at the Companies Registry within 28 days of certain acts occurring. Failure to do this attracts a fine for the company and for officers of the company, including directors.
There are others, but these serve the purpose of this blog.
1. A director risks liability for a company’s criminal acts. A company may be tried and convicted for criminal acts such as stealing, fraud, corruption, forgery, and possibly even murder. Because a company is not human and can only be fined but not jailed, officers of the company such as directors may be made to bite that bullet. This liability stretches to the offence of “contempt of court”.
2. Directors stand in a position of utmost trust with the company. They are ‘sworn’ to act always in the best interest of the company. Where a director acts adversely to this duty, they may be sued by the company or, in certain circumstances, by the shareholders of the company.
3. Directors of a company may find themselves unable to work in certain institutions if the company goes insolvent, such as banks. This would limit employment opportunities.
4. Directors of companies have to declare their interests in any contract or transaction or other companies with which the company of which they are directors is involved. Failure to do this would attract punitive measures.
5. There are several requirements imposed on companies by Ghanaian company law. An example is the requirements that companies should file certain returns and statements at the Companies Registry within 28 days of certain acts occurring. Failure to do this attracts a fine for the company and for officers of the company, including directors.
There are others, but these serve the purpose of this blog.
Wednesday, September 22, 2010
Registering a Non-Profit Organisation in Ghana
You are probably thinking about incorporating a kind of company known as a company limited by guarantee. What it means is that there are certain persons who guarantee that if the company is dissolved, they will pay any liabilities that the company owes to third parties.
Part One - The Registrar-General's Department
Step One
You need to purchase and fill 'NGO registration forms' (form 3, 4 and a copy of Table B - regulations of a company limited by guarantee) as required by the companies law of Ghana, from the Registrar General's Department.
The incorporation details needed to fill the forms would include:
• The name of the NGO
• Objects
• the first members of the Executive Council or Board(from 2 to 20)
• Particulars of Directors and Secretary (including names, nationality, residential address & business occupation)
• Name and address of Auditors
• Address of registered office, principal place of business
Step Two
You then submit the filled forms to the Registrar Generals Department together with the registration fees of about GH155.00 and other regulatory charges.
Step Three
The registry will then issue you with a Certificate of Incorporation and a Certificate to Commence Business in about two weeks, provided all the information you provided on your forms were correct.
Part Two - The Department of Social Welfare
Step One
Apply for NGO status at the Department of Social Welfare which is the regulator of NGOs in Ghana, by submitting the following to the national office of the department in Accra:
• Certificates of incorporation and Commencement of business
• Application letter on the organisation's official letterhead
• The organisation's Constitution
• An NGO Profile form
• A Social investigation report (not sure what this is :-)
• A recommended letter from the district, municipal or metropolitan assembly responsible for the area where your NGO is to be located
• Brochure or publication about your organisation
• 3 copies of an endorsement letter from a regional office of the Department of social welfare
Step Two
Fees apply here and the components of the fee can be obtained from the department.
Step Three
It takes about a month to secure the NGO status through a "Certificate of Recognition".
You can also solicit the services of a professional company secretarial firm or a law firm to assist in the registration of your NGO at a fee.
Part One - The Registrar-General's Department
Step One
You need to purchase and fill 'NGO registration forms' (form 3, 4 and a copy of Table B - regulations of a company limited by guarantee) as required by the companies law of Ghana, from the Registrar General's Department.
The incorporation details needed to fill the forms would include:
• The name of the NGO
• Objects
• the first members of the Executive Council or Board(from 2 to 20)
• Particulars of Directors and Secretary (including names, nationality, residential address & business occupation)
• Name and address of Auditors
• Address of registered office, principal place of business
Step Two
You then submit the filled forms to the Registrar Generals Department together with the registration fees of about GH155.00 and other regulatory charges.
Step Three
The registry will then issue you with a Certificate of Incorporation and a Certificate to Commence Business in about two weeks, provided all the information you provided on your forms were correct.
Part Two - The Department of Social Welfare
Step One
Apply for NGO status at the Department of Social Welfare which is the regulator of NGOs in Ghana, by submitting the following to the national office of the department in Accra:
• Certificates of incorporation and Commencement of business
• Application letter on the organisation's official letterhead
• The organisation's Constitution
• An NGO Profile form
• A Social investigation report (not sure what this is :-)
• A recommended letter from the district, municipal or metropolitan assembly responsible for the area where your NGO is to be located
• Brochure or publication about your organisation
• 3 copies of an endorsement letter from a regional office of the Department of social welfare
Step Two
Fees apply here and the components of the fee can be obtained from the department.
Step Three
It takes about a month to secure the NGO status through a "Certificate of Recognition".
You can also solicit the services of a professional company secretarial firm or a law firm to assist in the registration of your NGO at a fee.
Friday, September 17, 2010
The Loans of a Ghost
When a person dies in law, they have successors (or personal representatives) who manage their estate. The person who is dead may have chosen their own successors by naming them in their will. On the other hand, if the dead person failed to name their successors, the law has a formula (ok that sounds deep) a list of possible persons who formally ask a court to recognise them as successors.
The property of a person who has died is known as their "Estate". In a loose sense, an estate includes the successors of the dead person.
If a person takes a loan from a bank, and dies before they can repay, the Bank may take steps to recover the money from the successors/personal representatives/estate of the dead person.
The property of a person who has died is known as their "Estate". In a loose sense, an estate includes the successors of the dead person.
If a person takes a loan from a bank, and dies before they can repay, the Bank may take steps to recover the money from the successors/personal representatives/estate of the dead person.
Qualifying as a State Prosecutor
State Prosecutors start at a basic level like every job, and rise up through different levels. They are properly called "State Attorneys"
You become a State Attorney by studying law and being called to the bar in Ghana. Therefore, you have to be a lawyer to be a State Prosecutor.
To my knowledge the curriculum at the Ghana School of Law has not changed much in many many year, although a few courses have been added to the lot, such as Alternative Dispute Resolution and Banking.
You become a State Attorney by studying law and being called to the bar in Ghana. Therefore, you have to be a lawyer to be a State Prosecutor.
To my knowledge the curriculum at the Ghana School of Law has not changed much in many many year, although a few courses have been added to the lot, such as Alternative Dispute Resolution and Banking.
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