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.
Thursday, August 5, 2010
Suing the Mayor? No but Yes
Ghana is divided into districts for easy governance. The political authorities in the districts are the district, municipal and metropolitan assemblies. They are collectively known as local government.
The mayor of Accra is only the executive head of the Accra Metropolitan Assembly (AMA). He cannot be sued for his official acts or omissions, but the AMA can!
Under the Local Government Act (the law) in Ghana, all local authorities (including the AMA) have several functions in their areas, including responsibility for:
• Exercising political and administrative authority;
• The overall development of their area;
• Initiating programmes for the development of basic infrastructure;
• The development of human settlements and the environment.
From the above, the construction of drainage in a place like Alajo is the responsibility of the AMA, whether you see it as basic infrastructure or development of a human settlement. It is the AMA’s public duty!
Therefore, if the AMA neglects to perform its duty and floods occur and destroy property, the AMA can be held responsible.
The law provides that the AMA can be sued for an alleged neglect or default of a public duty. However (to explain in simply) the suit must be commenced within 12 months after the occurrence of the act of neglect. If the act is one a one-off act but a continuing act, then you may sue at any time while the act continues, but if the AMA puts a stop to its neglect, then you have 12 months within which to sue them.
Generally, a person in Ghana may sue any other person, including the government (in this case AMA) for compensation as a result of injury or loss suffered by reason of their neglect or breach of a duty.
However, the courts are cautious in awarding compensation against public institutions for fear that it may open the floodgates for practically everybody to sue them.
To answer your question simply, a person cannot sue the mayor but they can sue the AMA. But, to be candid, one’s chances of being awarded any significant compensation are slim.
I hope this answers your question.
The mayor of Accra is only the executive head of the Accra Metropolitan Assembly (AMA). He cannot be sued for his official acts or omissions, but the AMA can!
Under the Local Government Act (the law) in Ghana, all local authorities (including the AMA) have several functions in their areas, including responsibility for:
• Exercising political and administrative authority;
• The overall development of their area;
• Initiating programmes for the development of basic infrastructure;
• The development of human settlements and the environment.
From the above, the construction of drainage in a place like Alajo is the responsibility of the AMA, whether you see it as basic infrastructure or development of a human settlement. It is the AMA’s public duty!
Therefore, if the AMA neglects to perform its duty and floods occur and destroy property, the AMA can be held responsible.
The law provides that the AMA can be sued for an alleged neglect or default of a public duty. However (to explain in simply) the suit must be commenced within 12 months after the occurrence of the act of neglect. If the act is one a one-off act but a continuing act, then you may sue at any time while the act continues, but if the AMA puts a stop to its neglect, then you have 12 months within which to sue them.
Generally, a person in Ghana may sue any other person, including the government (in this case AMA) for compensation as a result of injury or loss suffered by reason of their neglect or breach of a duty.
However, the courts are cautious in awarding compensation against public institutions for fear that it may open the floodgates for practically everybody to sue them.
To answer your question simply, a person cannot sue the mayor but they can sue the AMA. But, to be candid, one’s chances of being awarded any significant compensation are slim.
I hope this answers your question.
Friday, July 30, 2010
No Paternity Leave in Ghana
Let’s start with a definition so that we know we are on the same page.
Parental Leave is an employee benefit that provides for paid or unpaid time off work to care for a child or make arrangements for the child’s welfare. Parental Leave could refer to Maternity, Paternity or Adoption Leave.
The labour laws of Ghana specifically recognise Maternity Leave, but are silent on Paternity Leave. In law, the very fact that Maternity Leave is mentioned specifically means Paternity Leave is excluded specifically.
In practice, some companies give paternity leave, but this is a private arrangement for their employees.
When a family tragedy compels a man to take time off work to go and care for his child, it would more likely fall under “Compassionate Leave” e.g. where his wife has died.
There may be grounds for saying that to the extent that the labours laws provide for maternity leave and exclude paternity leave in all cases, they are unconstitutional. I can understand why in the unfortunate case of a woman losing her life in childbirth and the child surviving, the man should be able to get paternity leave.
A point of interest: it appears that maternity leave is available to only before, during and after childbirth and not generally for women who want to take time off to look after their children.
Parental Leave is an employee benefit that provides for paid or unpaid time off work to care for a child or make arrangements for the child’s welfare. Parental Leave could refer to Maternity, Paternity or Adoption Leave.
The labour laws of Ghana specifically recognise Maternity Leave, but are silent on Paternity Leave. In law, the very fact that Maternity Leave is mentioned specifically means Paternity Leave is excluded specifically.
In practice, some companies give paternity leave, but this is a private arrangement for their employees.
When a family tragedy compels a man to take time off work to go and care for his child, it would more likely fall under “Compassionate Leave” e.g. where his wife has died.
There may be grounds for saying that to the extent that the labours laws provide for maternity leave and exclude paternity leave in all cases, they are unconstitutional. I can understand why in the unfortunate case of a woman losing her life in childbirth and the child surviving, the man should be able to get paternity leave.
A point of interest: it appears that maternity leave is available to only before, during and after childbirth and not generally for women who want to take time off to look after their children.
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