BENTSI-ENCHILL, LETSA & ANKOMAH

"It is possibly recognised as the leading corporate law firm in Ghana."  Corporate and Commercial - Chambers Global, 2022

"The ‘excellent’ team at Bentsi-Enchill, Letsa & Ankomah has a stellar reputation for its work with a wide range of notable local and foreign clients.." Corporate and Commercial - The Legal 500, 2022 

Our Corporate Commercial practice covers a wide range of commercial, regulatory and legal activities. We focus on legal advisory and transaction services on or related to agribusiness, advertising, automotives, broadcasting, consumer electronics, digital infrastructure, digital media entertainment, education, food and beverages, gaming, healthcare, hospitality, intellectual property, international trade, marketing, privacy and sports. We also provide expert legal advisory services on pensions, employment/labour and immigration matters. 

We ensure that we understand the business of our clients. Therefore, we bring a pragmatic and business-oriented approach to legal matters arising from strategic day-to-day operations, strategy decisions, restructurings and complex transactions. We adapt our expertise to all business needs, expansion of operations into Ghana, negotiating agreements, starting a new business venture and mergers and acquisitions. We work with Ghanaian and multinational companies, entrepreneurs, non-profit organisations and family businesses.

Our highly-experienced team is headed by Susan-Barbara Boye and Angela Gyasi. 

Key Matters

A global agricultural commodities merchant and processing company in Ghana: Ghana counsel in connection with the proposed sale of the entire issued shares of the company. 

A major retailer in Ghana: Ghana counsel on the sale of the company.          

A multinational telecommunications company: Proposed purchase of licensed spectrum from other licensees.

An international petroleum company: Ghana counsel on a global environment, health and safety mapping project. We reviewed and produced an up-to-date report on the environment, health and safety laws applicable to the company’s operations in Ghana.

A global IT service management company: IT infrastructure services on radio frequency devices and telecommunications equipment requirements, electrical product safety requirements, electromagnetic compatibility requirements, import and distribution requirements and product related environmental requirements.

"The Bentsi-Enchill, Letsa & Ankomah Dispute Resolution team is unique for their in-depth knowledge of substantive law as well as procedural law, a skill rarely exhibited by most litigation lawyers". - Dispute Resolution, The Legal 500, 2022

"Bentsi-Enchill, Letsa & Ankomah is a market-leading law firm renowned for its strong experience in dispute resolution, including litigation and international arbitration". - Chambers Global, 2022

Our Disputes practice group specialises in all areas of commercial and corporate litigation and alternative dispute resolution. The group’s practical knowledge of our client’s business problems puts it in the unique position to advise on preventative measures to avoid litigation, including dispute resolution at both the local and international level. We assist clients in exploring mediation, arbitration and other alternative dispute resolutions, where litigation is unavoidable. Our practice group is headed by our Senior Partner, Ace Anan Ankomah, Daad Akwesi, Golda Denyo, Gloria Cofie and Nania Owusu-Ankomah Sackey.

Key Matters

Represented an international venture capital fund in a dispute involving sovereign bonds issued by the Republic of Argentina in New York. This matter led to the headline arrest of the Frigata Libertad in Ghana and ultimately a US$1.2 billion settlement.

Represented a leading multinational mining company in Ghana as local counsel in an investor arbitration before ICSID.

Represented a mining company in arbitration proceedings relating to a contract dispute with a mining services company involving claims in excess of US$ 8 million dollars.

Represented an international software company client in an international arbitration against the Government of Ghana regarding a breach of contract in which client was awarded over GH¢197.5 million (approximately US $87.2 million at the time) in damages.

Representing client in an international energy company in international arbitration and local litigation against the Government of Ghana regarding breach of a Power Purchase Agreement in which client was awarded the equivalent of 12 million dollars at the time in damages.

We have advised some of the leading and fastest-growing companies and assisted them in navigating the legal and regulatory environment as technology and digital transformation continue to reshape our economy. Our clients benefit from our legal expertise and an understanding of the market, and our knowledge of Ghanaian regulatory and industry factors that can impact their products and business.

Key Matters

A multinational electronics corporation: Product quick start guides, waste recycling, energy efficient products, labelling of product adaptors, magnets in mobile devices and software as a medical device.

A brand name manufacturer of smart televisions: Potential legal issues or risks if the users are allowed to purchase non-fungible token art on the television.

An electronics corporation: Warranty terms and conditions for its products.

A brand name manufacturer: Repair and replacement project regarding mobile device

A multinational IT service management company: Advised on a project regarding mobile devices having the capability to send messages via satellite.

We understand and value the work that goes into innovation by creating and developing new products and services. Therefore, we assist our clients to protect their innovation and the assets that matter to their business. We assist our clients manage their intellectual property (IP) portfolios by advising on trademarks, copyrights, patents, trade secrets and IP litigation.

Key Matters

A financial institution in Ghana: Intellectual property rights for design services in relation to the creation of the logo, visual identity and brand guidelines 

A retail merchant: Trademark infringement claim on the butterfly brand sewing machines in Ghana.

A radio station: Use of a name in its website domain name following the threat of legal action from an international television company.

A multinational airline passenger handling and operations services company: International trademark registration with the World Intellectual Property Organisation under the Madrid Protocol.

A foreign retailer and distributor of automotive replacement parts and accessories: Unauthorised use of it brand name in Ghana under the copyright and trademark laws.

"The firm has extensive knowledge of the local regulations as well as knowledge of the requirements for infrastructure development compliance in Ghana." - Project Development, Infrastructure - IFLR1000, 2022

Infrastructure projects are crucial to Ghana’s economy and people. From transportation, railroads, energy projects and pipelines to water systems, there is an increasing demand for construction and infrastructure development to establish road networks, connect supply chains and move goods across borders, power businesses and meet housing demands.

Our market-leading team is well-known for providing advice on the life cycle of complex construction and large-scale infrastructure projects. Our clients benefit from our in-depth sector understanding and experience on working on many of the landmark transactions in Ghana over the past 30 years.

We advise on issues and transactions involving railways, roads and ports and harbours, building and construction, real estate, and aviation. Our expertise spans financing and refinancing, permits and regulations, acquisitions, and dispute resolution.

We have worked on high-profile construction and real estate transactions involving sales and purchases of large-scale commercial and residential buildings and industrial, commercial and residential real estate development projects. We also have significant expertise and experience in advising on local and cross-border road and railway projects.

Our team is well-positioned to provide practical solutions on matters involving port developments, marine-related facilities, and water transport systems and projects.

Key Matters

Accra Financial Centre: Due diligence on the USD18,000 commercial construction project.

Stanbic Heights: Due diligence on the USD33,000 commercial construction project.

Ghana Infrastructure Investment Fund( Pullman Accra Airport City Hotel): Due Diligence and advisory services on the construction of the Pullman Accra Airport City Hotel and GIIF’s equity investment.

SU Tower: Development and term loan facility of USD28,500.000 for the construction of SU Tower in North Ridge.

Tema Roads Expansion: Legal advisers to the sponsor on the expansion of roads to the Tema Port.

Volta Lake Inland Water Transport System: Feasibility study for the development of the Volta Lake Inland Water Transport System on a PPP basis.

Atuabo Port: Development, financing, design, procurement, engineering, manufacture, construction, completion, commissioning, ownership, operation and maintenance of a free port and related facilities for the hydrocarbons industry in Ghana and the wider Gulf of Guinea region. 

Boankra Inland Port: Legal advisers on the Boankra Inland Port.

Employment and personnel issues affect every business. It can be challenging for businesses to keep up to date, comply with the labour laws and avoid the pitfalls.  Our lawyers provide excellent client service and legal advisory services on all employment-related matters to local and multinational companies,  non-governmental organizations as well as individuals.  Our focus is on improving our clients’ businesses in innovative and forward-thinking ways. 

Our expertise in employment advisory services spans all modes of terminations of employment including redundancies, preparation of tailor made employment contracts and other employment-related documents, secondments, transfers of employment, employee reassignment and mobility, employee share schemes, unionisation of employees and related issues.

We also have experience in employment related issues from restructuring, share purchases,  mergers and acquisitions, pension and immigration.  We represent clients in employment disputes before the Labour Department and the National Labour Commission.

Key Matters

An international pharmaceutical company: General employment issues, termination of employment, review of employee handbook, review of bullying,  harassment and discrimination policies, disciplinary policy and employee benefits.

An international petroleum company:  Labour law requirements in Ghana, reviewed its international long-term and non-national employment agreements, provided tailor made permanent and fixed term employment contracts and advised on the labour law regime in Ghana.

An independent owner and operator of shared wireless infrastructure in Ghana: Withdrawal of employee benefits, termination of employment, mutual separations and restrictive convenants, prepared consultancy/independent services agreement, advised on employment issues arising from acquisition of an entity, advised on redundancy negotiations and representation at the National Labour Commission and provision of on going employment advisory support.

An international religious body:  Employment tax issues, termination of employment, disciplinary issues, employee housing and retirement plan rules, reviewed pension agreements for voluntary contracts, and representation before the National Labour Commission and Labour Department and provision of ongoing employment advisory support.

A non-profit research and policy organization: Employment issues, termination of employment, employment contracts, disciplinary issues, pension requirements,  representations before the Social Security and National Insurance Trust (SSNIT) on payment of social security contributions, advised on registration of employees with SSNIT,  advised on and assisted with obtaining exemptions from pension contributions for qualifying expatriate personnel.

A mining company: Labour issues arising from a share purchase relating to terminations, redundancy, claims of compensation by unionised employees and other employee associations, reviewed communications to employees and unions, reviewed collective agreements and advised on issues arising therefrom, prepared agreements  on payment of severance pay and other relevant documentation including representation at the National Labour Commission.