Environmental Protection Agency – EPA

Environmental Protection Agency – EPA

Our Regulator for today is the Environmental Protection Agency (EPA). EPA serves as the regulatory body responsible for overseeing environmental protection in Ghana in accordance with the Environmental Protection Agency Act 1994 (Act 490) and the Ghana Environmental Assessment Regulations 1999 (LI 1652) in the following industries:

  1. Construction: Entities involved activities such as housing development, construction of airports, seaports, harbours, coastal resort facilities, shipyards, amongst others.
  2. Infrastructure: Entities involved in the construction of hospitals, industrial estates, roads and highways, new townships, dams and man-made lakes, irrigation schemes, railways, and similar projects.
  3. Manufacturing: Activities involving chemicals, metals, non-metallic cement, limestone, pulp and paper, woodworks, and other related processes .
  4. Natural Resources: Entities involved in agricultural development, fisheries, forestry, mining, environmental conservation and management, and similar activities .
  5. Petroleum: Entities involved in Oil and gas production, as well as the construction of offshore and onshore pipelines.
  6. Power Generation and Transmission: projects related to dams and hydroelectric power, and other power generation and transmission activities .

Where an environmental permit is granted, the permit shall be valid for a period of eighteen (18) months effective from the date of the issue of the permit

Social Security and National Insurance Trust – SSNIT

Social Security and National Insurance Trust – SSNIT

Our Regulator for today is the the Social Security and National Insurance Trust (“SSNIT”). SSNIT is governed by the National Pensions Act 2008 (Act 766) as amended by the National Pensions (Amendment) Act 2014 (Act 833) and the National Pensions (Amendment) Act 2021 (the “Acts”) and it is a statutory public trust scheme responsible for the administration of the first tier of the Three-Tier Pension Scheme created by the Acts.
The Persons that are required to register with SSNIT are as follows:

  1. Employers;
  2. Employees of companies registered with SSNIT; and
  3. Self- employed persons (optional).

SSNIT is mandated by the Acts to register the above persons and all employers are mandated to pay 13.5% of their employees’ salaries as a tier one pension contribution on behalf of and for the benefit of their employees.
A person who fails to comply with the provisions of the Acts commits an offence punishable by a fine of at most GHS 30,000 or a term of imprisonment of not more than five years or both.
It is important to note that the minimum age at which a person may join SSNIT is fifteen years and the maximum age is forty-five years.

Securities and Exchange Commission – SEC

Securities and Exchange Commission – SEC

Our Regulator for today is the Securities and Exchange Commission (“SEC”). The SEC is governed by the Securities Industry Act 2016 (Act 929) and the Foreign Exchange Act 2006 (Act 723)(the “Acts”) and it is responsible for regulating the Securities Industry in Ghana.
The entities that are regulated by SEC are as follows:

  • Financial institutions dealing in securities (i.e Banks and non banking financial institutions, Issuing houses and Underwriters)
  • Fund Managers ( i.e Mutual funds,Hedge funds, Private equity funds and venture capital funds)
  • Securities Exchangecompanies;
  • Credit Rating Agencies;
  • Broker-Dealers;
  • Investment Advisory Firms (i.e stock brokers)
  • Securities Depositories;
  • Registrars of company shares and bond holders;
  • Trustees; and
  • Financial Asset Custodians.

The SEC is mandated by the Acts to register and licence the above industries and a person cannot commence business in the securities industry unless that person has acquired the requisite licence from the SEC. Also a person cannot act as a representative for the entities above unless that person is the holder of a relevant representative’s licence issued under the Acts.
The licence is valid for one year and is renewable on a yearly basis and failure to obtain a licence from the SEC before commencing business is an offence punishable by an administrative penalty of at most GHS 54,000.
It is important to note that a public company, closed-end collective investment scheme, statutory body, local government authority and any other organisation that issues securities to the public must register its securities with the Commission on terms and conditions prescribed by the Commission.

Public Utilities Regulatory Commission – PURC

Public Utilities Regulatory Commission – PURC

Our Regulator for today is the Public Utilities Regulatory Commission (“PURC”). PURC is governed by the Public Utilities Regulatory Commission Act 1997 (Act 538) as amended (the “Act”) and is a multi-sector regulator responsible for regulating the provision of utility services such as electricity, water supply and transportation of natural gas services in Ghana.
The institutions that are regulated by the PURC are as follows:

  • Ghana Grid Company (GRIDCo);
  • Ghana National Gas Company Ltd. (GNGC);
  • Electricity Company of Ghana Ltd. (ECG);
  • Northern Electricity Distribution Company Ltd. (NEDCo);
  • Enclave Power Company Ltd;
  • Ghana Water Company Ltd. (GWCL);

The PURC regulates these public utilities by approving the Bulk Generation Tariffs (BGT) payable to them by distribution companies, reviewing the reasonableness of pricing under Power Purchase Agreements (PPAs), and monitoring their quality of service.
All Public utility companies are required to adhere to the rules and guidelines of the PURC and failure to do so is an offence punishable by a term of imprisonment of not more than two years or a fine of at most GHS 6,000 or both.
The PURC is also governed by the Renewable Energy Act 2011 (Act 832) as amended, and the Energy Commission Act 1997( Act 841)

Public Procurement Authority – PPA

Public Procurement Authority – PPA

Our Regulator for today is the Public Procurement Authority (“PPA”). PPA is governed by the Public Procurement Act 2003 (Act 663) as amended (the “Act”) and it is responsible for regulating public procurement in Ghana.
The institutions that are regulated by the PPA for the purpose of procurement are as follows:

Private Companies who wish to provide a service to the public sector;

  • Central management agencies (such as Public Services Commission, Office of the President and Office of the Head of Civil Service) ;
  • Government ministries, departments and agencies;
  • Subvented agencies ( i.e agencies financed from public funds);
  • Governance institutions;
  • State owned enterprises to the extent that they utilise public funds;
  • Public universities, public schools, colleges and hospitals;
  • The Bank of Ghana and financial institutions (such as public trusts, pension funds, insurance companies and building societies which are wholly owned by the State or in which the State has majority interest); and
  • Institutions established by the Government for the general welfare of the public or community.

The PPA is mandated by the Act to regulate the procurement of goods, works and services, the preparation, selection and award of public contracts and the disposal of public stores and equipment by the above institutions in order to ensure that these processes are done in a manner that is fair, transparent and non-discriminatory.
All Public Procurement entities are required to adhere to the rules and guidelines of the PPA and failure to do so is an offence punishable by a term of imprisonment of not more than five year or a fine of at most GHS 12,000 or both.