Can minority shareholders in Ghana challenge directors for approving related-party deals without disclosure?
Respostas de Advogados
Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB)
Dear Sir/Madam,
Thank you for your enquiry and for outlining the circumstances giving rise to your concerns.
Under Ghanaian company law, directors are subject to strict obligations in relation to conflicts of interest and transactions involving related parties. Where such transactions are undertaken without appropriate disclosure or approval, minority shareholders may, in certain circumstances, be entitled to seek information, question the validity of the transaction, and pursue remedies in the interests of the company.
The availability and strength of any such remedies will depend on a careful assessment of the company's constitution, the approval process followed, and the relevant facts and documentation.
A comprehensive legal opinion would therefore be required to properly evaluate the matter and advise on the appropriate course of action. We would be pleased to assist should you wish to formally engage us for this purpose.
Best Regards
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