- 5 Marks
BCL – Nov 2024 – L1 – Q5b – Registrar’s Power to Refuse Firm Registration
Circumstances under which the Registrar of Companies may refuse to register a firm or partnership.
Find Related Questions by Tags, levels, etc.
Report an error
Subject: BUSINESS & CORPORATE LAW
Search
500
+ past questions and counting.
- 15 Marks
BCL – Nov 2024 – L1 – Q5a – Annual General Meeting (AGM) Requirements
Legal requirements for holding an AGM and consequences of non-compliance.
Question
Yaw Perbi, the CEO of your company, is preparing for a top management meeting scheduled for 1 December 2023. One of the issues to be discussed is the mode of holding the next shareholders’ meeting. There are views that the Annual General Meeting (AGM) must be in-person so that members can vote on resolutions to be passed. Others believe that the AGM should be virtual or hybrid. Some shareholders believe that the items on the agenda are too many and that they would need two days to have a meaningful discussion. Kwasi Mensa, a shareholder, has decided not to attend the AGM if it is organised virtually.
Required:
a) Explain the following to your boss:
i) The requirement of the Companies Act, 2019 (Act 992) on the interval between which AGMs are to be held.
ii) THREE things that should be covered in the notice for an AGM.
iii) TWO consequences of not holding an AGM in accordance with the Companies Act.
iv) Justify whether or not decisions taken at the AGM will be binding on Kwasi Mensa.
Find Related Questions by Tags, levels, etc.
- Tags: AGM, Companies Act, Corporate Governance, Meeting Notice, Shareholder Rights
- Level: Level 1
- Topic: Company Meetings and Resolutions
- Series: Nov 2024
Report an error
- 5 Marks
BCL – Nov 2024 – L1 – Q4d – Utmost Good Faith in Insurance
Explanation of the principle of utmost good faith in insurance contracts.
Find Related Questions by Tags, levels, etc.
Report an error
- 5 Marks
BCL – Nov 2024 – L1 – Q4c – Contractual Obligations of a Minor
Legal validity of a contract involving a minor performing services for payment.
Question
Amevo is a minor and a professional dancer. He entered into a contract to perform a series of dances for GH¢5,000 an hour per night of performance. The rule as accepted was that failure to perform in one series without reasonable excuse would incur a percentage deduction from his earnings at subsequent performances. Amevo failed to perform at one of the series. His attention was drawn to the rule, but he now thinks the deduction should not be made.
Required:
Advise Amevo.
Find Related Questions by Tags, levels, etc.
Report an error
- 6 Marks
BCL – Nov 2024 – L1 – Q4b – Domestic Agreements and Legal Enforcement
Legal enforceability of a domestic agreement between spouses regarding financial obligations.
Question
As part of the arrangements in the home of the Ananses, the husband agreed to pay the school fees of the children. The wife decided to use part of her earnings to manage the household chores, including the provision of food. The wife had observed for some time that the husband had not performed his side of the obligation, leading to arrears of school fees. She has therefore chosen to sue the husband in a court of law to compel him to perform his duty.
Required:
Advise her
Find Related Questions by Tags, levels, etc.
- Tags: Contractual Obligations, Domestic Agreements, Family Law, Legal Intent, Social Contracts
- Level: Level 1
- Topic: Company Law
- Series: Nov 2024
Report an error
- 5 Marks
BCL – Nov 2024 – L1 – Q4a – Agency of Necessity
Legal implications of an agent acting in necessity during a curfew.
Question
Ozoozo is a cargo driving agent of Oforiwa, a trader. Ozoozo loaded a truck of yam from Kutunada for delivery to Oforiwa in Accra. In the course of the journey and at Butako township, a curfew was imposed as a result of chieftaincy issues in the traditional area. He tried to communicate with Oforiwa but he was unable to do so due to network challenges. Ozoozo found it useful to off-load the cargo of yam and dispose of it by sale. He accounted for the sale but Oforiwa became furious.
Required:
Advise Oforiwa.
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL – Nov 2024 – L1 – Q3b – Financial Assistance for Share Purchase
Conditions under which a company may provide financial assistance for share purchase.
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL-Nov-2024-L1-Q3a-Unfair Termination of Employment
Legal basis for unfair termination of employment under the Labour Act.
Question
Alahey, an employee of Gyammea Ventures, has had his appointment terminated following allegations of financial impropriety. In his response to a query for the alleged offense, he admitted committing the offense and pleaded for leniency.
For the offense of financial impropriety, the corresponding penalty should have been dismissal, as per the “Employee Handbook” of the company.
On account of his plea, Management decided to terminate the relationship with loss of terminal benefits. Alahey is minded to sue Gyammea Ventures for unfair termination and has approached you for advice.
Required:
With your understanding of the Labour Act, 2003, (Act 651), explain to Alahey the basis for severance of the employment relationship that can constitute unfair termination.
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL-Nov-2024-L1-Q2b- Pre-incorporation Contracts & Fiduciary Duty
Legal advice on pre-incorporation contract expenses and secret profits between business associates.
Question
Darkoa lives in the United States of America (USA) and asked his long-time friend, Gyankoroma, to register a company for her in Ghana. Gyankoroma spent GH¢20,000 on documentation, filing, and processing (with the issuance of receipts being in Gyankoroma’s name). Upon the request of Darkoa, Gyankoroma rented an office premises for one year at GH¢40,000 with the receipt in the name of the newly formed company.
Darkoa just returned from the USA to start operations. Darkoa discovered that the rental agent gave GH¢4,000 to Gyankoroma as inducement for the office deal. Darkoa appointed Gyankoroma as head of operations and refused to pay the registration expenses on the basis that Gyankoroma’s monthly salary as head of operations is more than GH¢20,000 and those expenses should be borne from the secret profits Gyankoroma had earlier enjoyed.
Required:
Based on your knowledge in pre-incorporation contracts, advise the parties.
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL – Nov 2024 – L1 – Q2a – Legal Implications Relating to Companies in Difficulty or in Crisis
Advise Naami on the procedure for private liquidation of Shama PLC.
Question
a) On 26 February 2024, Shama PLC, a public limited liability company trading on the Ghana Stock Exchange sent a notice to its shareholders inviting them to an Annual General Meeting (AGM) on 2 March 2024. The notice simply states that the ‘purpose is to transact the ordinary business’.
Naami is a shareholder of Shama PLC and is very disturbed about the vagueness of the notice. She is also not satisfied with the performance of the company and is seeking to requisition for a special resolution to liquidate the company.
Required:
Advise Naami on the procedure for private liquidation. (10 marks)
Find Related Questions by Tags, levels, etc.
Report an error
- 6 Marks
BCL – Nov 2016 – L1 – Q2a – Sale of Goods/Hire Purchase
Explain the relationship between the parties under the Sale of Goods Act.
Question
Mr. Bossman bought a Nissan diesel vehicle from Trans Africa Engineering and Motor Co. Ltd. However, when the vehicle broke down, Mr. Bossman did not go to the dealers for spare parts, but rather went to Messrs Jones Williams & Co., and through one of its directors, placed an order for the spare parts from Japan. The order was placed for the spare parts with TSS Co. Ltd, and by Telex, headed “we quote for Japan,” TSS Co Ltd, supplied Jones Williams & Co. with the requisite quotation, and that the spare parts would be delivered in three (3) months’ time. Mr. Bossman then got his foreign bankers to transfer the amount, being the cost of the spare parts to the bankers of Messrs Jones Williams & Co. Ltd, who in turn, paid the amount to the suppliers. When the spare parts were not forthcoming, Mr. Bossman sued Messrs Jones Williams & Co. for the return of his money, interest, and damages. Before the court case started, Mr. Bossman received the spare parts, and therefore had to abandon his claims.
Required:
a) Explain the following in terms of the provisions of the Sale of Goods Act, 1962 (Act 137):
i) The relationship between Mr. Bossman and Messrs Jones Williams & Co. Ltd.
ii) The relationship between TSS Co. Ltd and Messrs Jones Williams & Co. Ltd.
Find Related Questions by Tags, levels, etc.
- Tags: Agency, Contracts, Ghana, Sale of Goods
- Level: Level 1
- Topic: Sale of goods/hire purchase
- Series: NOV 2016
Report an error
- 6 Marks
BCL – Nov 2016 – L1 – Q1c – Human Rights
Identify the human rights violated by the police in Ezra’s case.
Question
Ezra was arrested by the Police for allegedly assaulting an unarmed beggar. Upon his arrest, the Police handcuffed him and also tied a rope around his waist, and dragged him on the ground to the Police Station, which was about fifty (50) meters from where Ezra allegedly committed the offense. At the Police Station, Ezra was kept in the Police cells for three (3) days without food, apart from the fact that he was not allowed to have his bath. On the fourth day, Ezra was rushed to a District Magistrate Court, and without being allowed to state his side of the story, he was sentenced to six (6) months imprisonment without the option of a fine.
Required:
State any THREE human rights of Ezra which have been violated by the Police.
—
Find Related Questions by Tags, levels, etc.
Report an error
- 6 Marks
BCL – Nov 2016 – L1 – Q1b – Hierarchical Structure of Courts
List the Superior Courts of Ghana in ascending order.
Find Related Questions by Tags, levels, etc.
- Tags: Courts, Ghana, Superior Courts
- Level: Level 1
- Topic: Hierarchical Structure of Courts
- Series: NOV 2016
Report an error
- 10 Marks
BCL – May 2021 – L1 – Q5b – Alternative Forms and Constitutions of Business Organisations
Advising on partnership liabilities and the consequences of breaching a partnership agreement.
Question
Adjato and Hilda are in partnership, providing forensic services to the Ghana Police Service. The partnership agreement states that all scientific equipment is to be supplied by Johnny and that neither partner may incur a liability of more than GH¢3,000 without consulting the other. Although Adjato contributed all the Firm’s initial capital, he does not have any active involvement and rarely visits its premises. Hilda receives a salary and works full-time for the Firm.
Required:
It has come to the notice of Adjato that Hilda has ordered GH¢5,000 worth of equipment from Barclays Ltd without consent by both parties. Advise Adjato. (10 marks)
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL – May 2021 – L1 – Q5a – Employment Law
Listing the grounds for termination of employment and explaining the possible course of action for wrongful termination.
Question
The Chief Driver of Legon Rural Bank Ltd on 16 May 2010, abandoned midway an official bus carrying the bank’s staff to Ada for an official boot camp/bonding training session. The bank held a disciplinary enquiry to investigate his conduct. The result of the investigation was the termination of his appointment for gross misconduct. He was paid one (1)-month’s salary in lieu of notice in accordance with the respondent’s Collective Bargaining Agreement. Dissatisfied with the management of the bank terminating his appointment, he has approached you for advice.
Required:
i) List FIVE (5) grounds for termination of employment.
ii) Explain the course of action The Chief Driver could take. (10 marks)
Find Related Questions by Tags, levels, etc.
- Tags: Employment Law, Grounds for Termination, Labour Act, Termination of Employment
- Level: Level 1
- Topic: Employment law
- Series: MAY 2021
Report an error
- 10 Marks
BCL – May 2021 – L1 – Q4b – Alternative Forms and Constitutions of Business Organisations
Listing the advantages of forming an incorporated company.
Find Related Questions by Tags, levels, etc.
Report an error
- 10 Marks
BCL – May 2021 – L1 – Q4a – Legal Implications Relating to Companies in Difficulty or in Crisis
Explanation of when a company is deemed dissolved and whether it can be resuscitated.
Find Related Questions by Tags, levels, etc.
Report an error
- 5 Marks
BCL – May 2021 – L1 – Q3b – Sale of goods/hire purchased
Listing the timelines within which a seller must deliver goods under the Sale of Goods Act, 1962 (Act 137).
Find Related Questions by Tags, levels, etc.
- Tags: Contract of Sale, Delivery Timelines, Sale of Goods Act
- Level: Level 1
- Topic: Sale of goods/hire purchase
- Series: MAY 2021
Report an error
- 15 Marks
BCL – May 2021 – L1 – Q3a – Company Directors and Other Officers
Explanation of the limitations on directors' powers and ways a director's appointment can be terminated.
Question
In accordance with the Companies Act, 2019 (Act 992), the directors shall not, without the approval of an ordinary resolution of the company, exceed the powers conferred on them.
Required:
i) State THREE (3) limitations on the powers of directors. (9 marks)
ii) Explain THREE (3) ways in which a director’s appointment can be terminated. (6 marks)
Find Related Questions by Tags, levels, etc.
Report an error
