Laws & Regulations

law

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)

Companies Act 2019 (Act 992)

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.

 

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