Ghanaian Enterprises Development Act, 1975 (N.R.C.D. 330)
Section 3A (1): Section 28 of the Ghana Investment Promotion Centre Act, 1994 (Act 478)5(5) other than
subsection (2) of that Act applies to the specified enterprises.
(2) Subject to subsection (1), the Board may, after consultation with the owners of the capital or any other proprietary interest in a specified enterprise and a citizen seeking to purchase that capital or interest in pursuance of this Act or the Ghana Investment Promotion Centre Act, 1994 (Act 478), appoint by writing a mediator to assist in the negotiations between the owners and the citizen for the purpose of ensuring an orderly and fair transfer to the citizen of the capital or the other interest.
(3) It is the duty of a person to deal and co-operate with a mediator appointed under subsection (2) in connection with the matters affecting the negotiations in connection with which the mediator was appointed.
(4) The Board may, by writing, give directions that are reasonably necessary
(a) for the purpose of ensuring that there is an orderly transfer to citizens of the capital or any
other proprietary interest in a specified enterprise as required by this Act and the Ghana
Investment Promotion Centre Act, 1994 (Act 478),
(b) for ensuring that the appropriate price fixed in respect of the capital or interest is duly paid
by the citizen6(6), and
(c) for ensuring the due implementation of this Act.
(5) Omitted.7(7)
(6) For the protection of the interests of a citizen who has, in pursuance of this Act or the Ghana
Investment Promotion Centre Act, 1994 (Act 478)8(8) acquired the capital or any other proprietary
interest in a specified enterprise, the Board may, subject to the reasonable conditions that it may impose,
direct in writing
(a) that the owner of premises occupied or used by the specified enterprises immediately prior to
the acquisition shall, for a period not exceeding eighteen months after the whole of the
capital or the other interest in the specified enterprise was acquired by that citizen, revoke the
lease or tenancy agreement or licence subject to which the premises were occupied or used
by the specified enterprise prior to the acquisition;
(b) that the owner shall not otherwise evict the specified enterprise or the new owners of the
specified enterprise from the premises for that period;
(c) that the owner shall not, for that period, insist on special terms for the continued occupation
or use of the premises for the purposes of the specified enterprise; or
?(d) that the owner shall not otherwise for that period alter the rent under, or vary the terms of, a
lease or tenancy agreement or licence subject to which the premises was held immediately
prior to the acquisition by the citizen of the capital or the other proprietary interest in the
specified enterprise.
(7) Subject to the conditions that the Board may impose under subsection (6), the assignment or
subletting of the premises by the previous owner of the capital or the other proprietary interest in a
specified enterprise shall not, if done to a citizen acquiring that capital or interest in pursuance of this Act
or the Ghana Investment Promotion Centre Act, 1994 (Act 478)9(9) constitute a breach of a lease or
tenancy agreement subject to which the premises was held prior to the acquisition.
(8) A citizen who acquired the capital or the other interest in the specified enterprise
(a) is entitled, subject to the conditions imposed by the Board, to hold the premises for the
purposes of the specified enterprise on the same terms as they were held immediately prior to
the acquisition, and
(b) subject to those conditions, the terms of the lease or tenancy agreement shall not, without the
consent in writing of the new owners of the capital or proprietary interest in the specified
enterprise, be varied so as to render those terms less favourable to the citizen than they were
to the previous owners immediately prior to the acquisition of the capital or interest, and
(c) for a period determined by the Board, not exceeding eighteen months after the whole capital
or the other interest in the specified enterprise was transferred to the citizen.10(10)
Procedure to Follow
Not Avaiable
Responsible Institution
Ministry of Trade, Agribusiness and Industry
Ministries
- Email: info@moti.gov.gh
- Website: www.moti.gov.gh
- GPS: GA-144-0150
- Telephone: 0500073887
Relevant Forms to Download
Not Available
Online System
Link Unavailable
Fees/ charges
Not Avaiable
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