Ghana - Obtain Notice of Appointment of a Receiver or Manager

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Procedure

Apply In-Person:

1. To Obtain notice of appointment of a receiver or manager in Ghana, the applicant has to approach the Register General Department (RGD) office. Contact link
2. Applicants must download the application form 11 Link
3. Applicant filled all details in the application form.
4. Name should be exact as registered, should there have been any Change of Name after registration does state the new name.
5. The Registration Number is stated at the top left side of the Registration Certificate.
6. Full name and TIN of the natural person or legal entity submitting documents to the Registrar of companies.
7. The applicant has to make sure he or she has all the required documents that are required for this process to be successful and they can be found under the "Required Documents" section of this page.
8. A fee for this procedure is has to be paid as per as authority’s request.
9. Read the instructions before completing form. Incomplete applications or invalid data may delay the registration process.
10. The Registration Number is stated at the top left side of the Registration Certificate.
11. Applicant should confirmation of appointment by court
12. Name of the court
13. The name of the receive
14. Describe fully the instrument under which appointment is made, and state whether it is a debenture secured by floating charge.
15. Applicant should all relevant documents attached in application form.
16. The prescribed fee must be paid by the applicant, and the receipt of payment must be attached with the application form.
17. The appointment of receiver is supposed to be registered with the Registrar of Companies within a week of the written appointment. However, the appointment is not invalidated if it is never registered. The lender has the right to remove the current receiver and appoint a new one at any time.
18. If the authorized official is satisfied that all the information are in order, you will be notified of the outcome and issued with an amended business registration certificate and other supporting documents upon payment of the required fees.
19. The appointment of receiver is supposed to be registered with the Registrar of Companies within a week of the written appointment.

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Required Documents

• Completed application form
• Copies of Identification document (ID card /valid passport biometric page)
• Supporting documents
• Declaration document
• Special resolution document

Office Locations & Contacts

GREATER ACCRA REGION
P.O. Box 118 Accra
Tel: +233 302 664 691-93
Fax: +233 302 662043
Email: [email protected]
Digital Address:GA-143-4647
Contact link

ASHANTI REGION
Opposite Hotel Gandolfo Asafo PMB, Kumasi
Tel: +233 322 083 151 / 322 042 152
Email: [email protected]
Contact link

WESTERN REGION
P.O.Box 251 Ministries, Sekondi
Tel: +233 312 482 58
Email: [email protected]
Fax: +233 312 48258
Digital Address: WS-001-7903
Contact link

NORTHERN REGION
Tel: +233 372 023 715
Email: [email protected]
Email: [email protected]
Digital Address: NT-0066-0976
Contact link

Eligibility

• Under the new Companies Act 2016, Section 376, receivers and managers can be appointed by the Court on an application by a debenture holder.
• Only Ghanaians above the age of 18 years are eligible.

Fees

• A fee for this procedure is has to be paid as per as authority’s request.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The appointment of receiver is supposed to be registered with the Registrar of Companies within a week of the written appointment.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

Please provide other instructions related to the certificate/documents.
E.g. the state office holds birth records since January 1908.

Required Information

• Business Name of the Applicant
• Registration number
• General name of business
• Full Name of the Business
• TIN(Taxpayer Identification No)
• Charge details
• Name of the court
• The name of the receive
• Describe fully the instrument under which appointment is made, and state whether it is a debenture secured by floating charge.
• Signature of director
• Date of submission document
• Name of company director

Need for the Document

• The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more usually will) arise under the terms of the charge. In both cases the receiver may be referred to as a fixed charge receiver (in the latter case the receiver is not an LPA receiver, but in practice is often still referred to by this name).

Information which might help

Principles governing appointment of receiver:

• The appointment of receiver is discretionary with the court. It is protective relief. The object is preservation of the property is dispute pending judicial determination of the right of the parties to it.

The duties and powers of the receiver:

• The duty of a receiver appointed by the court is limited to collecting the property of which he/she is appointed receiver and paying all money received into court, or as the court may direct. The order appointing the receiver will detail his/her powers.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Link

Others

More information which might help people.