The popularity of Real Estate Investment Trusts (REITs) is on the rise globally and Ghana is no exception. This is driven by investors’ need for a more financially flexible way to invest in various segments of the real estate market. In Ghana, investors are also turning to REITs instead of traditional investment products following an...
On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a suit challenging the propriety of the Agyapa Deal initiated by the Government of Ghana (GoG). On December 20, 2020, Transparency International (TI), Ghana Integrity Initiative (GII), and Ghana Anti‐Corruption Coalition...
Introduction For many years performance bonds and bank guarantees (“Bonds”) have been an integral part of transactions in the world of commerce and the construction industry. It has been described as the lifeline of international commerce[1] and the bedrock on which large scale transactions rest. It therefore comes as no surprise that just as several...
Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 7. Types of Powers of Attorney Act 549 allows for two types of PoA – a general PoA that allows a Donee to deal with all affairs of the Donor without limitation and a limited or special PoA which specifies the ambit or scope of authority/power that the Donor is authorizing...
Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 1.Introduction If you’ve ever had to sign legal or financial documents on behalf of a relative or friend or make medical decisions concerning the health of an incapacitated person, likely, you did so as the lawful attorney of that person. The only legal means of...
After the successful incorporation of a company, the law requires certain meetings to be held by the company as a going concern. Among such meetings are the Annual General Meetings (“AGM”) and the Board of Directors Meetings (“Board Meetings”). Concerning the time interval for having an AGM, it should not be more than fifteen (“15”)...
Every Company at a point will require growth. Depending on the size of the company, investments may be required in a form of either equity (shares) or debt (loans). If the investment is acquired in a form of a debt, then the company may enter into debt arrangement with a financial institution on the amount...
1. Introduction On 23rd December 2008, the Borrowers and Lenders Act, 2008 (Act 773) was enacted to, amongst others, improve on the existing standards of disclosure of information on lending and borrowing, and also promote a consistent loan recovery and enforcement system by lenders. To this end, the Collateral Registry was established by Act 773...
The Supreme Court in Clipper Leasing Corporation vs Attorney General & Ghana Airways in Liquidation[1]has highlighted the need for properly drafted third party guarantee agreements as a means of reducing the risks and losses involved in business. In this case, the Court had its eye on the risk of insolvency. The Appellant, in this case,...
The law of mortgages has long been considered as an appendage of the law of equity. This is obviously because of the integral role that the English Courts of Equity played in developing, refining and operationalizing the concept in order to ensure fairness and commercial efficacy. However, it seems the association of the law of...