In part I of our “Domestic Violence”, we made mention to the fact that the Act provides a framework in regards to the protection from domestic violence particularly for women and children, it does not however mean that Men are excluded.
In Today’s Friday Read, we will look at the meaning of “Sexual abuse” and “Economic abuse” in the Domestic Violence Act, 2007 ACT 732 (“the Act”). This is part II of the domestic violence series.
Sexual abuse includes:
the forceful engagement of another person in a sexual contact which includes sexual conduct that abuses, humiliates or degrades the other person or otherwise violates another person’s sexual integrity or a sexual contact by a person aware of being infected with human immunodeficiency virus (HIV) or any other sexually transmitted disease with another person without that other person being given prior information of the infection
Therefore, sexual abuse is sexual misconduct act/s that humiliates or degrades an individual.
Economic abuse includes:
(iii) the deprivation or threatened deprivation of economic or financial resources which a person is entitled to by law, the disposition or threatened disposition of movable or immovable property in which another person has a material interest and hiding or hindering the use of property or damaging or destroying property in which another person has a material interest in
It is therefore worthy to note that sexual and economic abuse can also be considered as domestic violence, and men can be subjec to these abuses.
A person who contravenes this section is punishable by criminal proceedings.

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

1. Leasing Operations;
2. Money lending operations;
3. Money transfer services;
4. Mortgage finance operations;
5. Non-deposit-taking microfinance services;
6. Credit Union operations; and
7. 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.

Land title registration in Ghana is the process by which the Land Registry, which is under the jurisdiction of the Lands Commission records land titles and interests in land to establish legal ownership by this, the state endorses a person’s ownership of land and further makes that endorsement public.
The entire process is governed by the Lands Act, 2020 (Act 1036).
One of the key objectives of the Lands Commission is to provide a secure and reliable system for verifying, and protecting land owners. Registering a person’s interest in land gives certainty and facilitates proof of the person’s title. Secondly, it renders dealings in land safe, simple and cheap as well as prevents fraud on purchasers and mortgagees.
In Ghana, there are two types of registration; Deeds Registration and Land Title Registration. A deed is simply a document by which ownership of a property is transferred from one party to the other. It may be an indenture, site plan, hand written transaction, etc. Registration of any such document is what is referred to as Deeds Registration. Under Deeds Registration, the Lands Commission does not verify or contest the deed presented to it for registration. The Lands Commission does not therefore guarantee the interest of the person whose deed is registered in respect of a particular parcel of land. A search from the Lands Commission in respect of such land will merely confirm that the deed of a particular person has been registered. Registration of lands in all parts of Ghana except the Greater Accra Region and portions of the Ashanti Region are done under the Deeds Registry. There are real challenges to registration under the Deeds Registry. Land Title Registration was brought to cure the ills of Deeds Registration.
Under Land Title Registration, the state registers a person’s interest and title to land. The State, under land title registration, guarantees the interest of the person in whose name the land is registered. Land Title Registration therefore confers a state guaranteed interest.
To register land in Ghana, the following steps are typically followed:
Title Search: A title search is conducted at the Land Registry to verify the status of the land. This involves checking for any existing claims or encumbrances on the property.
Preparation of Documents: The necessary documents, including the deed of conveyance or lease, survey plans, and any other supporting documents, are prepared.
Application Submission: The applicant, usually the buyer or the person with an interest in the land, submits the application form along with the required documents to the Land Registry.
Examination and Approval: The Land Registry examines the application and documents submitted. If found satisfactory, the application is approved.
Valuation and Payment of Fees: A valuation may be conducted to determine the appropriate stamp duty and registration fees. The applicant pays these fees at the Land Registry.
Where the registration is being done under the Land Title Registration, the following are also done
Publication: Upon payment of the required fees, the land details are published in the Land Gazette/newspaper of public circulation for public notice.
Issuance of Title: After the notice period expires, and no objections are raised, a land title certificate is issued to the applicant as proof of ownership.

It is important to note that failure to register your land can lead to land ownership issues.

Prenuptial agreement (“Prenup”) for short is usually a contract entered into by two people before they are married. Prenup usually sets out each spouse’s entitlement to the distribution of property upon dissolution of marriage. In short, parties decide on how their marital property should be distributed when they get divorced.
Prenup is recognised in countries such as France, Germany, Brazil and many others. The laws in Ghana have not made express provision to cater for Prenup. There are however various arguments and debates on the issue whether Prenup is recognized and enforceable in Ghana.
On this, the Constitution of Ghana has expressly laid the foundation for the distribution of property “jointly” acquired during marriage. This may be one of the many reasons why Prenup has been given less consideration in Ghana.
Moreover, one of the many reasons why Prenup has not been welcomed in Ghana may be due to public policy reasons and the societal value placed on marriage. Who would want to enter into marriage expecting to get divorced in the end?
Looking at the brighter side, Prenup is one’s best bet to save the Court and spouses time from the legal back and forth during divorce.
Should Prenup be recognised in Ghana? On this, we are of the opinion that the law on the distribution of marital property has gone through considerable changes and still evolving. Who knows? Prenup may be given legal recognition in Ghana.

WHAT A RESOLUTION IS?
THE TYPESIn Ghana, special resolutions and written resolutions are similar in purpose, yet different in process. Meaning that though resolutions are decisions taken by shareholders for the future of the company, medium by which they are taken varies. Hence, the kind of decision being taken and the impact that it will have on the company will determine which type of resolution is required.
The Company’s Act provide us with two type of resolutions namely Special resolutions and Ordinary Resolutions.

• A Special resolution requires that 75% of the voting members present at the meeting agree to that matter being voted on. The Act requires that a special resolution is required for instances such as …….. amending a company’s constitution, change of name increase or decrease share capital, approve large business transactions;
• Ordinary resolution is used where a simple majority of shareholders is needed to approve a change, examples of such changes include the removal of a director from office or the termination of the appointment of an auditor.

The main advantage of using written resolutions is that they offer more flexibility and convenience.
A special resolution requires a physical meeting of shareholders to be held for vote, whereas a written resolution enables shareholders to vote on matters through mail, letters, or even virtually.
It is important to ensure that the correct type of resolution is used to obtain approval.