How safe will my investment be in Ghana?

Ghana's 1992 Constitution, which is the basic framework for the governance of the country, offers guarantees for protection to investors and their investments. Chapter five of the Constitution embodies the relevant protection mechanisms.

Article 20 of the Constitution guarantees protection from deprivation of property. Specifically, the Constitution states that there shall be no compulsory acquisition of property which by implication includes "investment", except where such compulsory acquisition is necessary for the defense, public order, morality, health and benefit of the country. More importantly, compulsory acquisition of property must be accompanied by prompt, fair and adequate compensation. Under the Ghana Investment Promotion Centre Act 1994 (GIPC ACT 478), investors are given concrete guarantees and assurances in respect of their investments in Ghana.


What is the minimum requirement for investing in Ghana?

For a joint venture the minimum requirement is $10,000.00 USD or equivalent in capital goods. For a 100% foreign owned company, the minimum requirement of equity should be $50,000 USD. For trading, the minimum requirement for an investor is $300,000.00 USD


Is a foreign investor allowed by law to own 100% shares in a company?

100% ownership of companies is allowed by law, so far as the investor meets the minimum equity requirement of $50,000, or as in trading $300,000.


Will my company be allowed to transfer profits, dividends and capital?

Companies are guaranteed

  • Unconditional transferability of dividends and net profits after tax to their home countries;
  • Transferability of payments for loan servicing in the case of foreign loans and royalties and other fees in respect of technology transfer transactions e.g. licenses technical assistance and management contracts; and
  • The remittances of proceeds in the event of sale and liquidation of investment assets in the currency in which the investment was originally made to their home countries so far as they meet their tax obligations.


What protections do we have regarding our personal safety as investors and as expatriate experts in Ghana?

With a stable political environment, tourist friendly atmosphere and forward looking investment climate, Ghana is ideal for investors and expatriates. Similar to the United States Constitution and the British legal tradition, Ghana's Constitution guarantees the independence of the judiciary, protection of the public and all visitors. Under the Constitution, the judiciary is subject only to the Constitution and is, accordingly, insulated from interference by the President and impliedly other members of the Executive, the Legislature and other government bodies and in the exercise of its administrative, financial and judicial functions, it is not subject to the Control of any authority. This protection mechanism is designed to give the judiciary the freedom to handle cases in a firm and fair manner devoid of political, racial, religious or other considerations


What is the level of Government commitment to the private sector?

The Government of Ghana has pledge to partner the private sector to provide the necessary enabling policy environment and incentive for both enterprise growth and the efficient and effective delivery of public service. This has become a standard and a compass for all institutions and agencies of Government that deal with investments.

  • The positive encouragement of investors through the activities of the Ghana Investment Promotion Centre, the Ghana Free Zone Board, which offers tax, tariff and other regulatory relieves to enable exporting enterprises to produce goods at low cost and to achieve globalised manufacturing status.
  • There is a liberalized Technology Transfer Regime, which aims at promoting technological skills and management expertise in local enterprises;
  • There are incentives, which are carefully designed to attract investors (both foreign and Ghanaian); to reduce financial risks to investors; to free investment capital and; to reduce high start up costs;
  • The liberalization of the laws and regulations controlling the entry and establishment and the principle of national treatment which permits unrestricted foreign participation in all sectors of the economy with the exception of unsophisticated activities with low capital outlays;
  • The ongoing privatization program, which involves total or partial transfer and control of publicly owned assets to private sector investor or entities (both foreign and Ghana);
  • The effective organization of the private sector associations i.e. the sectoral Chambers of Commerce, the Association of Ghana Industries and other business associations under the umbrella of the Private Enterprise Foundation (PEF), an apex institution with mandate to play an advocacy role on behalf of the private sector.
  • The commitment of government to contribute to the achievement of economic integration and investment liberalization within the ECOWAS sub-region with a view to increasing market size;
  • The Gateway project, which is mandated to remove all legal, institutional and procedural impediments to the development and growth of the Private Sector in Ghana.

Will Ghana's judicial system handle investment disputes in a fair and equitable manner under due process of the law?

  • Ghana's judiciary comprises very seasoned lawyers with specialization in various areas of the law. They are singled out for appointment to the judiciary on the basis of their excellent performance at the Bar. Similar to the United States Constitution and the British legal tradition, Ghana's Constitution guarantees the independence of the judiciary
  • The institution of the fast track court and the introduction of Alternative Dispute Resolution Mechanisms such as arbitration, mediation and conciliation (ADRS) within the Courts system.
  • Within the National Court System, ADRs, as a mechanism for dispute settlement is vigorously encouraged. The Ghana Arbitration Centre (GAC) has been established to reinforce the legal framework for protecting commercial or economic interests and accordingly inspire the confidence of the prospective investor in Ghana.
  • The Ghana America Chamber of Commerce in Ghana has also established a Forum for Mediation and Conciliation.

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Ghana is a West African country, bounded on the north by Burkina Faso, on the east by Togo, on the south by the Atlantic Ocean, and on the west by Côte d'Ivoire... more

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