Limo@Law

KNOW THE ORDER OF PRECEDENCE OF PERSONS IN GHANA AND THE SUCCESSION TO THE PRESIDENCY

limolaw — Thu, 16 May 2024 09:52:10 +0000

On the order of precedence of persons in Ghana, Article 57 (2) of the 1992 Constitution provides that: “The President shall take precedence over all other persons in Ghana; and in descending order, the Vice-President, the Speaker of Parliament and the Chief Justice, shall take precedence over all other persons in Ghana.

On succession to the presidency, Article 60 states that:

(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.

(7) Where the unexpired term served by the Vice-President under clause (6) of this article exceeds half the term of a President, the Vice-President is subsequently only eligible to serve one full term as, President.

( Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the

President returns or is able to perform his functions.

(9) The Vice-President shall, before commencing to perform the functions of the President under clause

(6) of this article, take and subscribe the oath set out in the Second Schedule to this Constitution in relation to the office of President.

(10) The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice-President subject to approval by Parliament.

(11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.

(12) The Speaker shall, before commencing to perform the functions of the President under clause (11) of this article, take and subscribe the oath set out in relation to the office of President.

(13) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation

or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office.

What is of interest here is where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform those functions or a new President assumes office, as the case may be.

The Supreme Court in Asare Attorney-General [2003-4] SCGLR 823 held that where the President and Vice Presidence are unable to perform their functions included when both were absent from or outside Ghana .

By this, it means that whenever we have a different party apart from the one forming the Government constituting the majority and they appoint the Speaker of Parliament, the Speaker becomes the number 3 person in precedence and is able to perform the functions of the President and Vice-President anytime both are absent including when both travel outside Ghana.

Assuming without admitting that a different party forms majority in Parliament, practical issues which include but not limited that may arise:

1. What is the scope of functions of the said Speaker during the absence of the President and the Vice – can he perform all the functions of the President?

2. Due to the haziness around the scope of the functions and other matters, the President and Vice may arrange their affairs such that at all times one of them is within the jurisdiction.

A TOUCH ON THE LEGAL POSITION OF SURROGACY IN GHANA

limolaw — Sun, 12 May 2024 09:37:52 +0000

INTRODUCTION

According to Yale Medicine1, surrogacy is simply a process where a woman carries and delivers a child for a couple or individual. The free encyclopedia, Wikipedia2, also defines surrogacy as an arrangement, often supported by a legal agreement, whereby a woman agrees to deliver for another person or people, who will become the child’s parent (s) after birth.

Generally, people may seek surrogacy services when pregnancy is medically impossible, where there is risk of pregnancy which is dangerous for an intended mother or when a single man or a male couple wish to have a child.

There are two (2) main types of surrogacy, namely, traditional or gestational. The main difference between the two (2) types is the genetic origin of the egg. The traditional surrogacy also known as partial, natural or straight surrogacy is the process where the surrogate’s or biological mother’s egg is combined or fertilized with the intended father’s or donor’s sperm. Generally, insemination of the surrogate can be through sex, mainly either natural insemination or artificial insemination. In this case the surrogate will share Deoxyribonucleic Acid (DNA) with the child and will be the genetic mother.

Gestational surrogacy also known as host or full surrogacy occurs when an embryo created by in vitro fertilization technology is implanted in a surrogate (ibid). There are several forms of gestational surrogacy which includes but are not limited to the following: the embryo is created using the intended father’s sperm and the intended mother’s eggs; the embryo is created using the intended father’s sperm and a donor egg; and the embryo is created using the intended mother’s egg and donor sperm. A resulting child from gestational surrogacy is largely genetically unrelated to the surrogate. The gestational surrogacy appears to be the most common form of surrogacy which provides the most solid legal protection for both intended parents and the surrogate.

Beside the above 2 types, surrogacy may also be classified as commercial or altruistic. The United Kingdom Law Commissions have recently described “commercial surrogacy” as surrogacy in which all the following apply: surrogates are paid a fee in addition to their out of pocket expenses, intermediaries which match and manage surrogacy for profit and agreements made between parents and surrogates which are legally enforceable. The United Kingdom Law Commissions also stated that an “altruistic surrogacy” means a surrogacy framework which limits what can be paid to surrogates to no more than their out of pocket expenses. This type of surrogacy further has restrictions on what intermediaries can be paid, and/or if surrogacy agreements are not legally enforceable.

GHANA’S LEGAL FRAMEWORK ON SURROGACY

Until the One Thousand and Twenty-Seventh Act of the Parliament of the Republic of Ghana entitled REGISTRATION OF BIRTHS AND DEATHS ACT, (ACT 1027)3 was passed and assented on 6th October, 2020 by the President of the Republic of Ghana, there seemed to have been little legislation on surrogacy in Ghana. The ACT 1027 provides the framework for the REGISTRATION OF ASSISTED REPRODUCTIVE BIRTHS AND RELATED MATTERS which includes surrogacy.

SECTION 48 OF ACT 1027 defines surrogacy as an arrangement where:

(a) An embryo formed from an egg and sperm of persons other than a surrogate mother and the partner or husband of that surrogate mother is implanted into the surrogate mother; or

(b) A gamete from a person other than the partner or husband of a surrogate mother is introduced into the surrogate mother to fertilize the egg of that surrogate mother, to enable the surrogate mother carry the foetus for the period of the pregnancy and give birth at the end of the period on behalf of another woman or the intended parent.

A surrogate mother is defined by ACT 1027 as a woman who has accepted under a surrogacy agreement to carry a foetus for the period of the pregnancy and give birth to a baby at the end of the period on behalf of another woman or the intended parent.

It appears that the ACT 1027contemplates the two (2) main types of surrogacy, namely; traditional and gestational. However, it seems ACT 1027is reticent on both commercial and altruistic forms of surrogacy.

PROCEDURE FOR SURROGACY IN GHANA

The law states that an intended parent may engage the services of a person to give the intended parent a child through surrogacy. The engagement or arrangement may be by an agreement entered by the parties.

The intended parent may, within twelve (12) weeks after introducing an embryo or gamete into the surrogate mother, apply to the High Court for a pre-birth parental order to allow either the intended parent or surrogate mother, or (b) both parents of a child to be named as the parent of a child born through surrogacy or any other assisted reproductive birth if the birth occurs within twenty-eight (28) weeks of the order of the High Court. The pre-birth parental order is defined by ACT 1027 as an order from the High Court naming a person as the legal parent of a child who is yet to be born.

Where the High Court is convinced of the evidence of parentage and the existence of a surrogacy, the High Court shall issue a pre-birth parental order naming the legal parent of the unborn child, the intended parent, the surrogate mother and the hospital where the child is born, if the birth occurs at a hospital facility. A copy of the order shall be issued to the District Registrar of the District in which the child will be born. However, a woman who gives birth to a child in the absence of a pre-birth parental order from the High Court naming another person as the mother, shall be registered as the mother of the child.

Where a child is already born without a pre-birth parental order, an intended parent or surrogate mother may apply to the High Court for a post-birth parental order or substitute parentage order. The post-birth parental order is defined as an order from the High Court naming a person as the legal parent of a child who is already born. The substitute parentage order is also defined as an order from the High Court naming a person as the legal parent of a child born to another person who, until the determination of the Court, might have been recognized as the parent of that child.

The post-birth parental order and substitute parentage order, in substance, are in the form of an adoption proceeding and shall be lodged at the High Court AT LEAST TWENTY-EIGHT (28) DAYS AFTER THE BIRTH OF THE CHILD BUT NOT LATER THAN SIX (6) MONTHS AFTER THE BIRTH OF THE CHILD.

THE LACUNA

It appears that ACT 1027 does not provide sufficient regulatory framework for the end-to-end process and all the stakeholders in the ecosystem. The main focus of ACT 1027 is to provide the framework for only the registration of assisted reproductive births and other matters.

There seem to be a lacuna in the legal framework governing infertility treatment and medical services such as embryo storage as well as the proliferation of many fertility clinics offering assisted reproductive births and related solutions.

Again, it does not seem to provide any legal requirement or elements for entering into a valid surrogacy arrangement or agreement. It presupposes that the CONTRACT ACT4 and other general elements required for constituting a valid contract would then be applicable. That is to say offer, acceptance, adequate consideration, intention to create legal relationship, capacity and legality may be considered in the contract. The issue about capacity is an important element for entering into a legal contract, particularly in such special contracts like this arrangement. SECTION 22 of ACT 1027 states that “an intended parent may engage the services of a person to give the intended parent a child through surrogacy”. The intended parent means a person who desires to be a parent through surrogacy or any other assisted reproductive birth arrangement. Surrogate mother also means a woman who has accepted under a surrogacy agreement to carry a foetus for the period of the pregnancy and give birth to a baby at the end of the period on behalf of another woman or the intended parent.

The foregoing provisions do not clearly establish an age limit for surrogate mothers and intended parents. Therefore, the contract age of eighteen (18) years may be presumed to be applicable. In Kenya5, Surrogate Agencies generally prefer surrogates with children and between the age group of 23 to 40 years. This is because at this age the surrogates will be mentally and physically matured for the process. Surrogate.Com6 cited the recommendations from experts at the American Society for Reproductive Medicine which stated that: “Carriers must be of legal age and preferably between the ages of 21 and 45 years…”. Again, Simple Surrogacy. Com7 has also outlined the following requirements to qualify as an Intended Parent; honesty, no criminal history, able to pass a background check, be between the ages of 21 to 60 years, be in a stable living situation and have the support of a spouse. Based on the foregoing, it is imperative to provide some regulation in this perspective.

Additionally, it appears that ACT 1027 does not have any residency or citizenship requirement for surrogate mothers and intended parents. This in no doubt will position Ghana to attract persons from abroad since the country will appear to be an attractive destination for fertility tourism. The Surrogacy Laws of Kenya5 which appears to be similar to ACT 1027 is confronted with attracting couples of same sex or different sex from other jurisdictions who seek to fulfil their incomplete family by bearing children.

Similarly, it seems that there is little about commercial and altruistic forms of surrogacy which portends danger for disputes if not properly regulated.

It is important to review some few cases in other jurisdictions about the vexed matters of surrogacy to learn lessons and highlight possible challenges we may encounter if not well regulated.

In a FASANO CASE (1999), a New York case where one Donna and Richard Fasano contracted with a fertility clinic to implant two (2) of their fertilized eggs into her uterus. Nine (9) months later, she had twins. One was white and the other black. The clinic had mixed up its fertilized eggs, implanting one of theirs and one belonging to a black couple. The Fasanos eventually had to turn over the baby to its biological parents, but sued for visitation rights. The court decided that Donna’s motherhood was only “nominal” and denied the Fasanos visitation. The biological parents sued the fertility clinic for negligence.

In RE X AND Y [2008], twins who were born to British parents through Ukraine surrogacy ended up being made stateless and parentless by the Law The High Court had to step in to make the first ever parental order following international commercial surrogacy. Also, in RE L [2010], there was a dispute about commercial contract and the High Court relying on the welfare principle of the child made orders for commercial surrogacy payments. In M. VRS. HUMAN FERTILIZATION AND EMBRYOLOGY AUTHORITY (HFEA) [2015], HFEA refused the export of eggs from the United Kingdom to the United States of America to try to conceive a grandchild, the Court of Appeal allowed the appeal for the export.

CONCLUSION AND RECOMMENDATION

The ACT 1027 appears to legalize surrogacy but has not provided sufficient legal regulation of the entire ecosystem. Unlike adoption which is well regulated requiring the following: evidence of marriage, medical certificate, police clearance, evidence of employment, two (2) reference letters, national identification, spousal consent, photograph and video recordings of the home of the applicant, among others, it is not the same with surrogacy. The ACT 1027 provides for the registration of assisted reproductive births and does not in any form amount to regulation.

The Hon. Samuel Okudzeto Ablakwa, Member of Parliament (MP) for North Tongu on the floor of Parliament of the Republic of Ghana one time raised an urgent need for legislation to regulate assisted reproductive technologies before ACT 1027 was passed. But it does not appear that ACT 1027 answers the Honourable MP’s call.

It is recommended that a detailed regulation to govern fertility and embryology in the Country be enacted. There is also the need to establish a regulatory body like an Authority with an oversight responsibility for the enforcement of fertility and embryology regulations. We need specific regulations on the creation, care and use of human embryos outside of the body of a mother (ex vivo), the collection, care, and use of donated human sperm and eggs (donated gametes), and the storage of these human gametes and embryos.

Until there is a comprehensive regulation, those who intend to engage surrogate services are entreated to ensure that there is a properly negotiated and well drafted agreement to avoid the associated pitfalls. Thereafter, the appropriate pre-birth parental order should be obtained from the High Court before birth or post-birth parental order be obtained after birth within the stipulated statutory timelines.

REFERENCES

1. www.yalemedicine.org;

2. https://en.wikipedia.org/wiki/Surrogacy;

3. REGISTRATION OF BIRTHS AND DEATHS ACT, 2020;

4. CONTRACT ACT, 1960 (ACT 25);

5. https://kenyaivf.com/surrogacy-law-kenya/;

6. https://surrogate.com/…/sur…/surrogate-mother-age-limit/; and

7. https://simplesurrogacy.com/intended-parents/.

NOTE:

The content of this is intended to provide general information and not anticipated to be exhaustive on the subject matter.

THE NEW LAND LAW ON JOINT INTEREST IN LAND ACQUIRED BY SPOUSES

limolaw — Tue, 21 Jun 2022 08:30:00 +0000

PARTIES TO A CONVEYANCE

According to Section 38 (3) of the Land Act, 2020 (Act 1036): “in conveyance for valuable consideration of an interest in land that is jointly acquired during the marriage, the spouses (wife and husband) shall be deemed to be parties to the conveyance, unless a contrary intention is expressed in the conveyance”. Furthermore, Section 38 (4) of Act 1036 states that where one spouse is excluded as a party to the conveyance, the other party is presumed to hold the land or interest in the land in trust for the spouses (wife and husband), unless a contrary intention is expressed in the conveyance.

This simply means that from 23rd December, 2020 when the Land Act, 2020 (Act 1036) came into force, any property acquired jointly during marriage shall be registered or conveyed in the joint names of the spouses (wife and husband). However, failure to register or convey a land in the joint names of the spouses (wife and husband), the spouse (party) who registers or conveys an interest in land in the person’s name shall hold the said interest in trusts for both of the spouses unless there is a contrary expression in the agreement.

RESTRICTION ON TRANSFER OF LAND BY SPOUSE

Section 47 of Act 1036 states that: “in the absence of a written agreement to the contrary by the spouses in a marriage, a spouse shall not, in respect of land, right or interest in land acquired for valuable consideration during marriage: (a) sell, exchange, transfer, mortgage the land, right or interest in the land; (b) enter into a contract for the sale, exchange, transfer, mortgage or lease of the land, right or interest in the land; (c) give away the land, right or interest in the land inter vivos; or (d) enter into any other transactions in relation to the land, right or interest in the land without the written consent of the other spouse, which consent shall not be unreasonably withheld”.

This means that except where there is a written agreement that one spouse will solely hold the interest in land, no spouse shall sell, exchange, transfer, mortgage, lease, give as gift etc for an interest in land which was acquired for valuable consideration during the pendency of marriage without the written consent of the other spouse.

In a nutshell, going forward, any interest in land which is acquired during marriage shall be conveyed or registered in the joint names of the spouses. Again, when one is acquiring land which belongs to spouses (married couple), the due diligence must include whether the said land was acquired during marriage to be able to obtain the needed consent required for a valid conveyance.

THE LEGAL RELEVANCE OF MAKING A WILL OVER NOT MAKING ONE

limolaw — Wed, 08 Jun 2022 15:00:17 +0000

Introduction

A WILL is defined as a declaration in a prescribed manner of the intention of the person making it with regard to matters with which he or she wishes to take effect upon or after his or her death (Halbury’s Law of England, 4^th ed).

This means that if you want to determine how your affairs should be managed after your death then you need to make a WILL. Otherwise, the Intestate Succession Law, 1985 (PNDC L 111) shall apply. Generally, the PNDC L 111 says that when you die intestate or without making a WILL, all the household chattels must go to the surviving spouse and children. Additionally, the law grants surviving spouse and children a house if it is only one or a house of their choice if there are many houses.

Once one house and household chattels have been taken by the surviving spouse and children, the residue of the estates are shared according to the following ratio – Spouse – 3/16 (18.75%), Children – 9/16 (56.25%), Parents 2/16 (12.5%) and Family 2/16 (12.5%). The law further makes provision for other sharing scenarios.

Why Make A Will

You are able to change the default sharing ratio provided under PNDCL 111 in order that your choice prevails and to ensure that there is equity. One is able to make higher provision for younger children compared to those who are already independent and well established.

You are able to make provision of property beyond the list outlined under PNDCL 111 (Spouse, Children, Parents and Family). In fact, a WILL allows you to make provision for religious bodies like churches, mosques, charitable organizations, grandchildren, servants, workers, friends or other relatives etc.

You are able to show disapproval of a grown-up child or any family member by disinheriting the person.

You are able to tie down property to descend in a particular family line either male or female way etc.

You are able to appoint guardian of your choice for infants until they attain the age of majority.

You are able to appoint qualified executors to manage your estates whereas you will not be able to do so for administrators if you fail to make a WILL.

Executors will be able to act upon a person’s demise even before going to court to obtain Probate but the administrators cannot do so until they go to court to obtain Letters of Administration (LA).

You are able to set up a Trust to manage your estates for beneficiaries in order to survive many generations and to also eschew misuse of estates by beneficiaries.

You are able to give directions as to your burial, or cremation or as to the use of your body or parts for educational or research purposes etc. The direction on burial and funeral rites will potentially minimize if not prevent the increasing disputes associated with burials and handling of body which have torn many families apart.

You avoid the expenses associated with administration bond and sureties when you make a WILL, which means beneficiaries will get more value when you make a WILL.

Note: The WILL is a legal document and must comply with law.

KNOW THE LAW ON PRESUMPTION OF DEATH AND DISSOLUTION OF MARRIAGE

limolaw — Tue, 07 Jun 2022 10:42:58 +0000

KNOW THE LAW ON PRESUMPTION OF DEATH AND DISSOLUTION OF MARRIAGE

Introduction

Section 15 of the Matrimonial Causes Act, 1971 (Act 367) provides that any married person may present a petition to the court to have it presumed that the other party to the marriage is dead and to have the marriage dissolved. It is presumed that for a period of seven (7) years or more the other party to the marriage has been continually absent from the Petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.

Section 33 of the Evidence Act, 1975 (NRCD 323) states that where a person has not been heard of for seven (7) years despite diligent effort whether or not within that period, to find that person, that person is presumed to be dead. There is no presumption as to the particular time when that person died.

Dissolution of marriage

According to Act 367, the court may, if it is satisfied that reasonable grounds for the application of the presumption of death exist, make a decree of presumption of death and dissolution of marriage.

In the Ghanaian case of Josephine Ocran V. Hang Yoon Suit No. BDMC 256/2014 -10, Josephine Ocran (Petitioner) a Ghanaian and Hang Yoon (Respondent) a South Korean were married under the Marriage Ordinance (CAP 127) on 27^th July, 2002 at Tema. The couples had a boy aged 10 years and the Respondent travelled out of the jurisdiction of the country in February 2004 and was not heard of ever since. The Petitioner caused a petition to be filed and served out of the jurisdiction to the Respondent’s last known address in South Korea but same was returned. The Petitioner further made efforts to get the Korean Embassy in Ghana to assist trace the Respondent in South Korea to no avail. Therefore, the court progressed with the divorce proceedings.

Her Ladyship Justice Cecilia Don-Chebe Abevey in her judgment held that: “accordingly, I make findings of presumption of death in accordance with Section 15 (3) of Act 367 and Section 33 (1) of NRCD 323 and on that basis, I decree the Respondent dead. I decree the marriage celebrated between the Petitioner and the Respondent on 27^th July, 2002 at Tema Municipal Assembly Hall … dissolved”.

Conclusion

According to Act 367, in any proceedings under presumption of death and dissolution, the fact that for a period of seven (7) years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.

KNOW THE NEW LAW ON THE PROTECTION OF THE RIGHTS OF DOMESTIC WORKERS IN GHANA

limolaw — Tue, 07 Jun 2022 08:21:15 +0000

INTRODUCTION

The Labour (Domestic Workers) Regulations, 2020, L.I. 2408 was made on 11^th June, 2020 to protect the rights of domestic workers and define the employment relationship between domestic workers and their employers in Ghana.

The Regulations define domestic work to include; “domestic chores performed in any home or domestic setting, informal work performed by a domestic worker who also performs household chores in the home of an individual, assistance in petty commercial activity, security services and gardening”. The Labour Act defines a domestic worker as “a person who is not a member of the family of a person who employs him or her as house-help”.

KEY FEATURES OF THE NEW LAW ON THE PROTECTION OF THE RIGHTS OF DOMESTIC WORKERS

Contract of employment must be written – there must be a written contract of employment between the employer and domestic worker which must contain specified terms in accordance with law.

Deposit of contract of employment – the employer must deposit the contract of employment with the appropriate District Labour Officer within 1 month of entering into the contract with the domestic worker.

Payment of wages – the employer shall not pay the domestic worker a remuneration that is less than the National Daily Minimum Wage (NDMW). The NDMW set for 2021 – 2022 is ¢12.53, this means that no domestic worker in Ghana should receive a daily wage of less than ¢12.53. It also implies that wages ought to be reviewed in compliance with the adjustment of the NDMW.

National Pension – an employer may register a domestic worker as an informal employee and ensure the domestic worker pay periodic contributions in accordance with law.

Rest periods – a domestic worker is entitled to some rest and particularly when the normal hours of work are continuous.

Leave – the domestic worker is entitled to annual leave, sick leave, maternity leave and the employer shall grant the domestic worker leave from work on a statutory public holiday and shall pay the daily minimum wage.

Freedom to form or join trade unions – domestic workers can form or join trade unions and entitled to the benefits of a collective bargaining agreement.

No Force Labour – the employer shall ensure that no domestic worker is subjected to any form of force labour.

Training – the employer may train and retrain domestic worker at the expense of the employer upon the consent of the domestic worker.

Prohibition of sexual harassment and domestic violence – an employer shall ensure that the domestic worker is not subjected to any form of sexual harassment and violence at the work place.

Termination of contract of employment – the contract shall be terminated based on reasonable grounds of law and by giving due notice or pay in lieu of the due notice.

Dispute resolution – any dispute between the employer and domestic worker may be resolved in accordance with the Alternative Dispute Resolution Act. This does not prevent the domestic worker the right to due process of law.

Monitoring and compliance – any domestic worker can lodge a complaint to the District Labour Officer to conduct inspection to ascertain compliance with the law.

Precedence of the Regulations over contract of employment – a contract of employment shall not contain any provision that confers a benefit on a domestic worker which is less favorable than any benefit in the Regulations. This implies that Employers cannot enter into a contract of employment to provide a benefit on a domestic worker which is less favorable than what has been provided by law.

OFFICE OF THE REGISTRAR OF COMPANIES (ORC) TO STRIKE OFF OR REMOVE BUSINESS NAMES OF SOLE PROPRIETORS FOR FAILING TO RENEW ANNUAL REGISTRATION

limolaw — Wed, 17 Feb 0202 09:39:40 +0000

INTRODUCTION

The REGISTRATION OF BUSINESS NAMES ACT, 1962 ACT 151 (“ACT 151”) provides the legal regime for the registration of business names mostly referred to as sole proprietorships. The sole proprietorships are mostly the types of businesses owned and controlled by individuals. They are commonly suffixed or added at the end of the name with “Enterprise, Ventures etc”.

ANNUAL RENEWAL OF REGISTRATION

The business name or sole proprietorships law requires that such entities shall renew their registration every year with the Office of the Registrar of Companies (ORC).

Owners of business names or sole proprietorships can simply renew their registrations by dialing *222# on their local networks with mobile money or wallet or walk into any offices of the ORC across the country to renew.

THE EFFECT OF FAILING TO RENEW REGISTRATION ANNUALLY

The ORC, the new statutory body mandated with the registration of businesses in Ghana, has issued a statement that they have begun the process of striking off business names which have lapsed from the Business Name Register for defaulting in their renewal. The ORC has commenced the exercise due to the failure to renew business names or sole proprietorships within three (3) months after the end of every year.

The striking off or removal of elapsed business names or sole proprietorships will mean that the said business names or sole proprietorships can be allocated to different persons by the ORC. This will imply that business cards, letterheads, websites and other business stationery or memorabilia containing such removed business names or sole proprietorships will be worthless.