COMPANIES ACT - 1963 (ACT 179)

    Section - 302 - Meaning of "External Company"

    (1) The provisions of sections 303 to 317, other than section 315, in this Chapter of this Code shall apply to all external companies as defined in this section.

    (2) An external company is a body corporate formed outside Ghana which, at or subsequently to, the commencement of this Code has an established place of business in Ghana.

    (3) The expression "established place of business" means a branch, management, share, transfer, or registration office, factory, mine, or other fixed place of business, but does not include an agency unless the agent has, and habitually exercises, a general authority to negotiate and conclude contracts on behalf of the body corporate or maintains a stock of merchandise belonging to that body corporate from which he regularly fills orders on its behalf:

    Provided that,

    (a) a body corporate shall not be deemed to have an established place of business in Ghana merely because it carries on business dealings in Ghana through a bona fide broker or general commission agent acting in the ordinary course of his business as such;

    (b) the fact that a body corporate has a subsidiary which is incorporated, resident, or carrying on business in Ghana, whether through an established place of business or otherwise, shall not of itself constitute the place of business of that body corporate.