Friday, November 5, 2010
The Average Starting Salary for Lawyers in Ghana?
Um, I do not consider this as within the scope of Makola law. Of course, there is no secrecy about it, and if you email me at david.asiedu@gmail.com, I can give you my opinion on that. But I would like to limit this blog to strictly the scope provided above. Thank you.
Setting Up a Consultancy in Ghana
Unfortunately, this question goes beyond the 'House Rules' set out above, and are beyond the scope of this blog. Consider engaging a Ghana-qualified lawyer to provide the service "as a legal service".
Friday, October 29, 2010
Qualifying to Study Law in Ghana
I can only, for now, speak with some authority about the University of Ghana and the KNUST.
At the University of Ghana, law is a 2-year postgraduate course. It does not really matter in which subjects the degree is. But one needs to get a good GPA. I believe you generally must have a 2:1 or 1. Not sure about a 2:2 but I will check on that.
The 3-stage process involves an application form, a written exam and interview (for short-listed people).
At the KNUST, law is a course for both undergrads (4 years) and postgrads (3 years). For postgrads, I reckon the qualification is pretty much similar to the University of Ghana, though I do not believe they have an interview system. For undergrads, a good qualification from your SSSCE is what you require.
I will try and find out about Zenith College and provide information on that.
At the University of Ghana, law is a 2-year postgraduate course. It does not really matter in which subjects the degree is. But one needs to get a good GPA. I believe you generally must have a 2:1 or 1. Not sure about a 2:2 but I will check on that.
The 3-stage process involves an application form, a written exam and interview (for short-listed people).
At the KNUST, law is a course for both undergrads (4 years) and postgrads (3 years). For postgrads, I reckon the qualification is pretty much similar to the University of Ghana, though I do not believe they have an interview system. For undergrads, a good qualification from your SSSCE is what you require.
I will try and find out about Zenith College and provide information on that.
Tuesday, October 19, 2010
Multiple Signatures
Primarily a person's signature is their name or other identifier written in their own hand. Of course, many prefer to write out some or all of their names in some obscure fashion to make it difficult to duplicate. As a result, a person could have as many signatures as they are able to change their handwriting.
A signature (from Latin signare, "to sign") is a handwritten (and sometimes stylized) depiction of someone's name, nickname or even a simple "X" that a person writes on documents as a proof of identity and intent (Credit: Wikipedia).
Whether a person has one distinct signature or several of them is not as important as the intent with which a person uses different signatures. If a person is under suspicion of trying to hide their identity or of committing fraud, then the fact that they have different signatures may be seen as circumstantial evidence of their intent to hide their identity or to commit a crime.
Many people do have at least 2 signatures - one for their daily endeavours and one for some other purpose (e.g. banking). I have personally been witness a bank asking a customer to simplify his signature as it was difficult for them to ascertain its genuineness if it was too complex!
Having more than one signature is not of itself any less legal than having different names. The critical matter is the reason why a person has more than one signature and the uses to which the signatures are put. If a person has more than one signature, it is good that they have a group or groups of people who know and recognise each signature as belonging to that person.
A signature (from Latin signare, "to sign") is a handwritten (and sometimes stylized) depiction of someone's name, nickname or even a simple "X" that a person writes on documents as a proof of identity and intent (Credit: Wikipedia).
Whether a person has one distinct signature or several of them is not as important as the intent with which a person uses different signatures. If a person is under suspicion of trying to hide their identity or of committing fraud, then the fact that they have different signatures may be seen as circumstantial evidence of their intent to hide their identity or to commit a crime.
Many people do have at least 2 signatures - one for their daily endeavours and one for some other purpose (e.g. banking). I have personally been witness a bank asking a customer to simplify his signature as it was difficult for them to ascertain its genuineness if it was too complex!
Having more than one signature is not of itself any less legal than having different names. The critical matter is the reason why a person has more than one signature and the uses to which the signatures are put. If a person has more than one signature, it is good that they have a group or groups of people who know and recognise each signature as belonging to that person.
Monday, September 27, 2010
Fraud (Defrauding by False Pretences)
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.
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.
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.
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