by vintandaletheia | May 24, 2024 | Know Your Regulator Series
Our Regulator for today is the Minerals Commission of Ghana (the “Commission”). The Commission regulates and manages the use of mineral resources in Ghana It was first established under the Minerals Commission Law (PNDCL 154) and subsequently given legal support under the Minerals Commission Act, 1993 (Act 450).
Its responsibilities include:
a. Granting of mineral rights to individuals and companies interested in exploring and mining minerals in Ghana, such as prospecting licenses, reconnaissance licenses, mining leases and mineral licenses.
b. Monitoring the progress and outcomes of policies related to mineral resources and reports its findings to the Minister responsible for lands and natural resources (the “Minister”).
c. Overseeing the activities of entities involved in the mineral sector by ensuring that they are operating in compliance with relevant laws, regulations, and guidelines.
d. Assessing the terms and conditions of public agreements or contracts pertaining to minerals to ensure they are fair, transparent, and beneficial to the country.
by vintandaletheia | May 24, 2024 | Know Your Regulator Series
Our Regulator for today is the Registrar General’s Department (“RGD”). RGD was established under Ordinance 1950 however after the passing of the Companies Act, 2019 (Act 992), is responsible for the following functions:
⮚ Registration of marriages in accordance with the Marriages Act 1884- 1885 (CAP 127);
⮚ Registration of intellectual property rights in accordance with the Copyright Act, 2005 (Act 690); the Patents Act, 2003 (Act 657); the Trademarks Act, 2004 (Act 664); the Industrial Designs Act, 2003 (Act 660); and the Protection Against Unfair Competition Act, 2000 (Act 589);
⮚ Registration of public trusts in accordance with Trustees (Incorporation) Act, 1962 (Act 106);
⮚ Registration of administration of estates in accordance with Administration of Estates Act 1961 (Act 63); and
⮚ Provision of accurate data for national planning and economic development for Municipal and District Assemblies and the General Public.
by vintandaletheia | May 24, 2024 | Friday Read
Aseda Manufacturing, a Ghanaian company specializing in electronic parts, has recently entered into a Technology Transfer Agreement (“TTA”) with Sachen Corporation, a foreign company known for its advanced technological solutions for 2 years. The TTA involves Sachen Corporation providing specialized technical expertise, including cutting-edge ICT solutions and manufacturing processes, to enhance Aseda Manufacturing’s capabilities.
Unknown to Aseda Manufacturing, the law governing such agreements in Ghana requires that any TTA lasting at least 18 months between a Ghanaian company and a foreign one must be registered with the Ghana Investment Promotion Centre (“GIPC”). The TTA are governed by the Ghana Investment Promotion Centre Act 2013 (Act 865) and the Technology Transfer Regulations, 1992 (L.1 1547).
Aseda Manufacturing, wants to be compliant with the law and must enter into a TTA with Sachen Corporation and register it the with the GIPC. Aseda Manufacturing needs to carefully document the details of the TTA, ensuring a clear description of the specialized services provided by Sachen Corporation, including exclusive industrial property rights, technical expertise, and managerial services. Additionally, they must outline the proposed training plan for local staff and understand the tax implications, particularly royalties payable by Sachen Corporation.
The legal team at Aseda Manufacturing is tasked with developing the necessary documentation, bearing in mind that even though there is no set template for TTAs, they need to ensure that the agreement aligns with the key features required by the GIPC.
by vintandaletheia | May 24, 2024 | Friday Read
➢ Did you know that every mineral in its natural state within the territory of Ghana is owned by the Government of Ghana, and is vested in the President on behalf of and in trust for the people of Ghana?
➢ Let us delve into the requirements for obtaining a Mining License in Ghana.
In Ghana, a mandatory prerequisite for engaging in mineral exploration and extraction is to acquire a mining license. The Minerals Commission is responsible for granting these licenses, regulating and managing the use of the mineral resources of Ghana as well as coordinating the policies in relation to them.
In order to obtain a mining license from the Minerals Commission, certain legislations must be adhered to, including the 1992 Constitution, the Minerals and Mining Act of 2006 (Act 703) as amended, the Minerals Commission Act of 1993 (Act 450), amongst others.
➢ Types of Mining License
The main types of licenses are:
● Reconnaissance license,
● prospecting license,
● the mining lease for large-scale mining, and
● the small-scale mining license which is only available to Ghanaians who must be 18 years old and above.
➢ Obtaining a Mining License in Ghana.
● To obtain a mining license in Ghana, a person must first verify with the Minerals Commission if the land is readily available.
● The person then applies to the Minerals Commission with the relevant documents attached.
● The Minerals Commission does its checks and takes it through the various stages.
● Thereafter, the Minister for Natural Resources shall be responsible for its approval or rejection.
● Upon approval of the application, the license is issued to the applicant subsequent to the payment of the stipulated fees.
Join us for more insightful topics!!!
by vintandaletheia | May 24, 2024 | Friday Read
Did you know that due diligence is an essential step in Land Acquisition?
The principle of “buyer beware” (caveat emptor) is essential in land transactions, fraudulent activities are prevalent in this sector. As such, it is advisable to exercise caution.
If the deal looks too good to be true, it probably is.
Land-related transactions in Ghana are regulated by the Lands Act 2020, (“Act 1036). Verifying the identity and title of the Vendor is crucial before purchasing or leasing the land. A Buyer’s decision to lease or purchase a property should be based on the outcome of thorough searches and inquiries.
Here are some inquiries and searches required to be conducted by a prospective Buyer:
- Verify the identity of the Vendor
To verify the Vendor’s identity, ask for a state-issued ID, whereas for Companies, run a search with the Registrar of Companies (ORC) and check with neighbors at the property.
- The Vendor’s duty to prove title
For registered lands, the Vendor must show good title by providing a land certificate with a site plan from the Lands Commission. For unregistered lands, an abstract of title is to be produced.
- Evaluate documents of ownership
The Buyer must ensure that the documents are consistent with the description of the land.
- Conduct a search at the Lands Commission, Town and Country, Collateral Registry, etc
Act 1036 requires a Buyer to conduct a search to ascertain the Vendor’s title or if there is any charge on the property.
It is important to take practical steps by visiting the site. During site visits it is also important to speak with neigbours and occupants of surrounding lands to ascertain the ownership of the subject matter land.
A Buyer can demonstrate possession by constructing a structure, building a wall, or putting heaps of sand and stones.
So next time when you decide to purchase or lease a land, Buyer just beware.
