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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
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