The Bank of Ghana (“BoG”) has overall supervisory and regulatory authority over all banking and non- banking financial businesses. The regulatory and legal framework within the banking and finance industry is governed by the Banks and Specialised Deposit-Taking Institutions Act,2016 (Act 930) and the Non-Bank Financial Institutions Act 2008 (Act 774) (the “Banking Acts”).
Today, we will be focusing on Non-Bank Financial Institutions.
First of all, what are Non-Bank Financial Institutions. In simple terms, a Non-Banking Institution is a financial institution that offers bank-like financial services but do not hold a banking license. In Ghana, Non-Banking Institutions are governed by the Non-Bank Financial Institutions Act 2008 (Act 774) (the “Banking Acts”).
The Banking Acts set out the following as Non-Bank Financial Services
- Leasing Operations;
- Money lending operations;
- Money transfer services;
- Mortgage finance operations;
- Non-deposit-taking microfinance services;
- Credit Union operations; and
- Any other services or operations as the Bank of Ghana may from to time by notice designate as such.
According to the Banking Acts, Non-Banking Financial Institutions are required to have a valid license issued from BoG. A person shall not be licensed to provide a non-bank financial service unless that person is a body incorporated in Ghana with the sole authorized business of carrying on of a non-bank financial service; or in the case of a credit union registered and incorporated.
A licensee shall at all times display the licence or copies of the licence, its name and a statement of the fact that it is licensed to carry on business in a legible manner on the premises at which it carries on business on the premises at which it carries on business.
It is worth to note that Non-Bank Financial Institutions licenses can be revoked and restricted by BoG.