Doing Business and Applicable Laws in Ghana
Laws applicable to the operation of business in Ghana conform to international standards and best practice. These laws are based on a framework of legislation relating to business activity, copyrights, patents, trademarks, disputes and labour relations.
Ghana subscribes to several International Conventions on Industrial and Intellectual property such as the World Intellectual Property Organization (WIPO). There are also numerous Public sector Ministries, Departments and Agencies as well as private legal, business consulting and accounting firms, which provide expert guidance on doing business in Ghana.
Sanctity of contracts ensures respect for commercial rights and obligations. Damages are compensatory, not punitive, and an Independent Court system ensures equitable protection of rights.
Mediation, arbitration and other alternative forms of dispute resolution are readily available and routinely used.
Key Investment Related Legislation in Ghana
Ghana Investment Promotion Centre Act 2013, (Act 865)
Technology Transfer Regulations, 1992, (LI 1547)
Transfer Pricing Regulations, 2012 (L.I. 2188)
Selected Sectors And Key Legislation That Apply To Them
Banking
Banks and Specialized Deposit Taking Institutions Act, 2016, (Act 930)
Foreign Exchange Act, 2006 (Act 723)
Regulator: Bank of Ghana
Petroleum
Petroleum Commission Act, 2011 (Act 821)
Petroleum (Exploration And Production) Law 2016, (Act 919)
The Petroleum (Local Content and Local Participation) Regulations, 2013, LI 2204
Regulator (Upstream): Petroleum Commission
National Petroleum Authority Act, 2005 (Act 691) as Amended by National Petroleum Authority (Amendment) Act, 2016 (Act 913)
Regulator (Downstream): National Petroleum Authority
Mining
The Minerals Commission Act, 1993 (Act 450)
Minerals And Mining Act 2006 (Act 703)
Minerals and Mining (Licensing) Regulations 2012 (LI 2176)
Regulator: Minerals Commission
Energy
Energy Commission Act, 1997 (Act 549) as amended by the Energy Commission (Amendment) Act, 2016 (Act 933)
Renewable Energy Act, 2011(ACT 832)
Regulator: Energy Commission
Taxation
Income Tax Act, 2015 (Act 896)
Ghana Revenue Authority Act 2009, (Act 791)
Tax Authority: Ghana Revenue Authority
Protection of Intellectual Property (IP) Rights
Copyright Act, 2005 (Act 690)
Trade Marks Act, 2004 (Act 664)
Patents Act, 2003 (Act 657)
Regulator: The Registrar General’s Department
International Investment Agreements
The Government of Ghana has entered into Bilateral Investment Promotion and Protection Agreements (IPPAs), as well as Double Taxation Agreements with a number of countries to further enhance the protection and security of the investment regime. The details are indicated in the following tables.
Ratified Bilateral Investment Treaties (BITs) Between The Republic Of Ghana And Other Countries
|
Other Country to the Agreement |
Date of Signature |
Date of Entry into Force |
|
|
1. |
The United Kingdom of Great Britain & Northern Ireland |
22-March-1989 |
25-October-1991 |
|
2. |
The Kingdom of the Netherlands |
31-March-1989 |
1-July-1991 |
|
3. |
The People’s Republic of China |
12-October -1989 |
12-November- 1991 |
|
4. |
The Kingdom of Denmark |
13-January- 1992 |
6-January- 1995 |
|
5. |
The Swiss Confederation |
8-October-1991 |
16-January-1993 |
|
6. |
The Federal Republic of Germany |
24-February-19 |
23-November-1998 |
|
7. |
The Federation of Malaysia |
8-November-1996 |
18-April-1997 |
|
8. |
The Republic of Serbia |
25-April-2000 |
07-July-2000 |
|
9. |
The Republic of Burkina Faso |
18-May-2001 |
18-August-2003 |
| Other Country to the Agreement | Date of Entry into Force | |
| 1. | Belgium | 17th October, 2008 |
| 2. | Denmark | 10th November, 2015 |
| 3. | France | 1st April, 1997 |
| 4. | Germany | 14th December, 2007 |
| 5. | Italy | 5th July, 2006 |
| 6. | Netherlands | 12th November, 2008 |
| 7. | South Africa | 23rd April, 2008 |
| 8. | Switzerland | 30th December, 2009 |
| 9. | United Kingdom | 10th August, 1994 |
| 10. | Mauritius | 27th January, 2020 |
| 11. | Singapore | 1st January, 2020 |
Ratified Agreements for the Avoidance of Double Taxation (DTAs)Between The Republic of Ghana and Other Countries
Business Regulatory Reform
The vision and policy direction of Government is one of hope, jobs, wealth creation, and a robust economy that supports a thriving private sector. This vision is crystalized in a comprehensive set of initiatives, critical interventions and business regulatory reform towards making Ghana the most business-friendly country in Africa.
The Government of Ghana, through the Ministry of Trade and Industry is currently implementation a national Business Regulatory Reform Programme as one of the key interventions to create an investment-friendly, transparent and predictable policy environment in Ghana.
The Business Regulatory Reforms Portal, which results from the reform programme, responds to the need for government to anchor doing business reforms on a permanent and sustainable basis in line with its vision.
The portal, which includes an Electronic Registry of Acts, Legislative Instruments, Regulatory Notices, Administrative Directives, Procedures, Forms and Fees has been developed to provide free and transparent access to business regulations.
Click here to access the Business Regulatory Reforms Portal for the latest updates on legislation applicable to your business in Ghana.
we would like to register a company in Ghana for the purpose for import and sell the Tobacco product. Could you please advise the necessary registration we need to done before we start business?