CHAPTER 4 19. Other key legal and regulatory instruments include the Securities Industry Law of 1993, as amended by the Securities Industry Act, 2001; Stock Exchange Listing Rules; the Banking Law, 1989; and the Financial Institutions (Non-Banking) Law, 1993. The CSAR also lists the following: the Incorporated Private Partnerships Act 1962 (Act 152), as amended; the Registration of Business Names Act 1962 (Act 151), as amended; the Cooperatives Societies Decree of 1968 (NLCD 252), as amended; Protection Against Unfair Competition Act 2000 (Act 589); Bodies Corporate (Official Liquidations) Act, 1963 (Act 179); Factories, Offices and Shops Act 1970 (Act 328); and Contracts Act 1960 (Act 25). There is also the Ghana Investment Promotion Centre Act and specific industry regulation dealing with issues such as timber resources, mining, oil exploration, and fishing. 20. Principally, the Trade Marks Act 1965 and the Patents Act 1992 protect intellectual property rights. The RGD is responsible for registering industrial property rights under the Industrial Designs Act 2003 (Act 660). Article 20 of Ghana's Constitution protects the citizens' rights to private property and provides against expropriation of private property. The CSAR, however, points out that there is need for Parliament to promulgate and pass an enabling statute to promote the realisation of these rights. 21. The 1992 Constitution provides for three categories of land ownership public lands (including land vested in the President in trust for the Ghana public), stool lands administered in trust for the community by traditional chiefs and community leaders, and privately owned lands. Foreigners can lease, but not own, land for up to fifty years. Land availability for industrial purposes is limited, notwithstanding the constitutional provision for acquisition of land by the government through the Compulsory Acquisition Law, the State Lands Act, and the Stool Lands Act, if this is deemed in the public interest. 22. Every SOE has an enabling Act that set it up. In 1996, Act 461 converted some SOEs to limited liabilities companies. In addition, the Divestiture of State Interests Law (1993) introduces clear procedures for privatisation transactions involving enterprises owned by the central government. The Act establishes the Divestiture Implementation Committee (DIC), which, among other tasks, aims to ensure consistency in the application of procedures in particular regarding valuation, invitation to bid, negotiation of sale, and settlement of accounts in Ghana's privatisation programme. 23. A number of laws relevant to corporate governance are still in draft form waiting to 90

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