COMPANIES ACT - 1963 (ACT 179)

    Section - 189 - Presence of Directors in Ghana

    (1) At least one director of every company shall at all times be present in Ghana.

    (2) In the event of any wilful breach of this section the company and every director of the company who is in default shall be liable to a fine not exceeding five pounds for every day during which the default continues.

    (3) The rights of the company concerned under or arising out of any contract made during such time as there shall be no director of the company present in Ghana shall not be enforceable by action or other legal proceedings:

    Provided that,

    (a) the company may apply to the Court for relief against the disability imposed by this subsection and the Court, on being satisfied that it is just and equitable to grant relief, may grant such relief either generally or as respects any particular contract and on such conditions as the Court may impose;

    (b) nothing herein contained shall prejudice the rights of any other parties as against the company, or any other person in respect of such contract;

    (c) if any action or proceeding shall be commenced by any other party against the company to enforce the rights of such party in respect of such contract, nothing herein contained shall preclude the company from enforcing in that action or proceeding by way of counterclaim, set off or otherwise, such rights as it may have against that party in respect of that contract.