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LAND REGISTRATION

Yes.

a. Registration of documents relating to landed property is compulsory in Ghana.

b. Registration confers priority on the registrant. It confers priority over all other registrations affecting the same land.

c. Registration serves as notice to the whole world that you own the property.

d. When you register your title to a land, all other interests acquired after your registration will be subservient to your title.

e. Registration will however not cure a defective title. Thus, if your grantor does not have good title to the property, registering the property will not make the title good.

Deed Registration
a. This is the registration of any document affecting a land in Ghana. b. It is compulsory and required under Ghana law to register a document affecting land. c. A document to be registered must be proved on oath and must contain sufficient description of the land.
Title Registration
a. Registration of title to land is the foremost evidence of title to a land b. Registration of title to land has the potential of curing defects in title c. Registration is final and conclusive evidence of title and no subsequent claim inconsistent with the title shall defeat the title.

The body authorized by law to register lands in Ghana is the Lands Commission. Registration of land involves: a. The conduct of a search at the Client Service Access Unit (CSAU), (formerly Lands Valuation Board), on the property to be registered to ascertain the previous ownership of the land and any historical transactions affecting the land; b. Assessment and payment of stamp duty on the instrument/deed of transfer at CSAU; c. Stamp duty is assessed between 0.5% to 1% of the value of the property; d. The stamped document is then submitted at the CSAU for application for a land title certificate.

The process may take up to a year or more.

Various factors influence the cost of the registration process including: a. the size of the property b. the location c. the value of the land d. other costs such as stamp duty which is valued between 0.5% to 1% of the land’s value

GHANA INVESTMENT PROMOTION CENTER (GIPC) REGISTRATION

All enterprises in the country with foreign participation are required to register with the GIPC.

a. Registration with the GIPC entitles a company to a fixed number of employer-sponsored visas that allow migrants to work, based on the company’s paid-up capital.

b. Special incentive packages are negotiated with the board of the GIPC from time to time for the promotion of strategic or major investments.

c.Absolute protection from any legal requirement that compels a person who owns all or part of the capital of a company to cede that interest to any other person, or nationalization or expropriation.

d. In a dispute between a GIPC-registered company and the government, where all efforts to reach an amicable settlement fail, the aggrieved party may opt to resolve the dispute through arbitration.

It takes 5 working days from the date of receipt of the following: a. A completed registration form with all relevant documents attached b. Notification of compliance with the minimum foreign capital requirement c. Required registration fees.

a. A wholly owned foreign company will cost approximately GHS 16,800;

b. A Joint Venture will cost approximately GHS 10,500; and

c. External company will cost approximately GHS 42,000.

Presently, the minimum foreign capital requirements are:

a. Joint venture: US$200,000

b. Wholly-owned foreign business: US$500,000

c. General trading company: US$1,000,000

Yes. The registration has to be renewed every two years and costs around GHS2,730 for joint ventures and foreign owned companies.

DATA PROTECTION

This refers to data about an individual from which the identity of the individual can be determined, or which, together with other information in the possession of the data controller, makes it possible to identify the individual. The Data Protection Act, 2012 (Act 843) protects individual privacy and personal data by regulating the collection, use, disclosure, adaptation or destruction of personal data and providing procedures for the processing of personal data.

A data controller is a person who determines the purposes for and the manner in which personal data is to be processed. The Act applies to a data controller:   (a) who is established in Ghana and processes data in the country; (b) who is not established in Ghana but uses equipment or a data processor carrying on business in the country to process the data; or (c) who controls the processing of data which originates partly or wholly from Ghana.

Yes. A data processor is a person who processes personal data on behalf of a data controller. Processing of data involves the collection, organisation, adaptation, alteration, retrieval, consultation, use, disclosure, alignment, combination, blocking, erasure or destruction of the data.

Yes, a data controller who controls the processing of personal data originating from Ghana, is required to register with the Data Protection Commission within 20 days of commencement of business. This registration must be renewed every two years.

A data controller can register with the Data Protection Commission by filling and submitting a form which requires the provision of the relevant details of the data controller and information about the type, processes, purpose etc. of the data that it intend to collect and process.

No, a data processor is not required to register with the Data Protection Commission. However, a data processor must ensure that personal data is processed in a lawful and reasonable manner and without infringing the privacy rights of the data subject.

To enable a data controller to lawfully collect personal data, the data subject must be made aware of the following:      

(a) The nature of the data being collected;

(b) The name and address of the person responsible for the collection;

(c) The purpose for which the data being collected is required;

(d) Whether or not the supply of the data by the data subject is discretionary or mandatory;

(e) The consequences of failure to provide the data;

(f) The authorised requirement for the collection of the information or the legal requirement for its collection;

(g) The recipient of the data; and

(h) The existence of the right of access to and the right to request rectification of the data collected.

Personal data must be processed in a lawful and reasonable manner and without infringing the privacy rights of the data subject. Processing of personal data should be necessary, relevant and not excessive. A data controller who records personal data shall not retain the personal data for a period longer than is necessary for the purpose for which the data is collected. Additionally, a data controller shall take necessary steps to ensure the integrity and security of personal data that it collects and processes. A person shall not process the personal data of a data subject without the consent of the data subject, unless the purpose for which the personal data is processed is    

(a) necessary for the purpose of a contract to which the data subject is a party;

(b) authorised or required by law;

(c) necessary to protect a legitimate interest of the data subject;

(d) necessary for the proper performance of a statutory duty; or

(e) necessary to pursue the legitimate interest of the data controller or a third party to whom the data is supplied.

Yes, the data subject has the right to ask for information held about him from a data controller. This is known as subject access request.

Yes, the data subject may object to the processing of personal data. Where a data subject objects to the processing of personal data, the person who processes the personal data must stop the processing of the data.