MacCarthy & Associates

COMPANY SECRETARIAL SERVICES

The company secretary acts as the chief administrative officer of the company and shares various responsibilities with the directors under the Companies Act of Ghana. We have a team of well trained and motivated lawyers who can act as Company Solicitors for any duly registered company. Our range of bespoke services includes but not limited to:

• Incorporation of companies of various kinds as well as registration of External Companies (Branch/Liaison Office, subsidiary etc)

• Provision of Company Secretaries and Registered Office for companies

• Maintenance of the company’s official Seal and Statutory Books for easy inspection by the directors and members of the company, and the Registrar of Companies

• Preparation and issuance of Share Certificates

• Handling of all corporate secretarial compliance issues raised by the Companies’ Act in respect of companies

• Drafting, preparation and filing of all documents stipulated in the Companies Act, 1963 including, but not limited to, board and shareholders’ resolutions, Company Forms and Annual Returns

• Arranging, covering and recording minutes of Board and Shareholders’ Meetings

• Provision of advice on, and registration of companies with, the Ghana Investment Promotion Centre (GIPC), Ghana Free Zones Board (GFZB) and the Minerals Commission etc

• Application for immigrant quotas and work and residence permits for expatriate staff of client companies from the Ghana Investment Promotion Centre and the Ghana Immigration Service

• Advisory services on corporate structuring and restructuring

• Conduct of company secretarial due diligence.

• Corporate Governance: We advise clients on the development of corporate governance systems including advice relating to board structures and composition, responsibilities and liabilities of board directors and board decision.

FAMILY LAW

Family being an institution, various members have rights within the family system. Our focus within this sphere is to ensure that our client is well satisfied while ensuring the family system is protected as much as possible.

The services we render include:

• Pre-marital counselling regarding marital rights and obligations

• Asset planning and protection

• Prenuptial agreements

• Pre-separation counselling

• Dissolution of marriage

• Identifying and analyzing complex financial, property, and tax issues

• Spousal support

• Child support

• Custody of Children

• Property division

• Abduction issues

• Establishment of parental rights and obligations

INDUSTRIAL AND EMPLOYMENT LAW

Our skilled lawyers at MacCarthy and Associates offer diverse employment related services that are focused on workplace policies and procedures, employment and termination agreements, as well as compliance with local labour regulations.

Our team’s experience includes drafting employment contracts, internal employment by-laws, management agreements, documentation for employment termination and non-compete agreements.

Ultimately, we combine our in-depth legal knowledge and result-oriented approach with a well-established network with the relevant authorities to produce productive solutions for each client.

Generally, we provide advice and support to clients on issues including:

• Collective bargaining negotiations

• Drafting internal employment by-laws

• Drafting employment contracts

• Drafting management agreements

• Matters related to employment termination

• Cross-border human resources

• Immigration

• Union campaigns

REAL ESTATE LAW

We provide legal advice to our clients on the acquisition and disposition of assets, distressed real estate and workouts, mortgage financing and restructuring, development and construction, leasing, joint ventures, and real estate litigation. Coupled with other practice areas including tax, restructuring/bankruptcy, and litigation, we ensure that all issues that could impact a transaction are properly and thoroughly addressed.

Our legal team specializes in providing advice and support to clients on:

• Acquisitions, dispositions and related financing

• Restructuring and financing

• Leasing

• Land use, construction and development

• Leisure, hospitality and gaming transactions

The list of practice areas expanded above is not exhaustive of our capabilities and competences. The constantly developing environment at MacCarthy and Associates ensures we discover and acquire new skills daily.

INTELLECTUAL PROPERTY

If you’ve got ideas, we protect them. If these ideas have been expressed in works of art, music etc, we will still protect them. Your inventions and schematic designs are also covered. At MacCarthy and Associates, we protect you IP, data and privacy. We also respond swiftly to any infringement claims. Finally, we aid in the commercialisation of IP.

Our practice covers:

• Pre-marital counselling regarding marital rights and obligations

• Trademarks

• Copyright

• Designs

• Patents

• Domain Names

• Confidential information & trade secrets

• IP Strategy

• IP Portfolio Management

We Enforce Your Rights through:

• Cease & Desist Letters

• IP Litigation

ALTERNATIVE DISPUTE RESOLUTION

Reaching settlement and helping you to move on with your business is at the heart of our commercial litigation team’s values.

When individuals and businesses face disputes, it can be an incredibly disruptive, stressful and damaging to one’s reputation as well as time wasting. All parties involved want to resolve the dispute fairly, professionally and, importantly, cost-effectively.

Our team of experts in mediation provides an accessible and knowledgeable means of finding commercial solutions that work. As early mediation and adjudication become increasingly more important, each plays a key role in keeping your litigation costs down and avoiding time-consuming trials.

Alternative dispute resolution enables you to discuss and settle disputes outside of court.

Whether conducted face-to-face or individually, our unbiased, qualified mediators will guide negotiations, ensuring that all parties continue to work towards a satisfactory and confidential conclusion, protecting your reputation and commercially.

Civil Procedure Rules now require parties to access mediation prior to taking a claim of commercial nature to the High Court; it’s quicker, cheaper and relieves both parties of the stress of pursuing a claim. Handled professionally, mediation is also highly effective; 80% of cases managed by our mediators are settled or settled shortly afterwards.

Our team of experienced mediators will help you to maintain your relationships whilst working towards real solutions backed by technical expertise.

Our motivated and experienced team conducts alternative dispute resolution services including:

• Mediation: the parties agree a solution themselves, guided by an expert mediator

• Arbitration: like adjudication but addressing only a single issue, an independent expert assesses the dispute and reaches an enforceable decision

• Expert determination: resolving technical, rather than legal, issues, the decision of an independent expert may be legally binding where the parties agree

• Negotiation: less structured discussion can often be effective, enabling parties to talk freely and reach a resolution themselves

• Conciliation; etc