COMPANIES ACT - 1963 (ACT 179)

    Section - 306 - Service on External Company

    (1) Any process or other document shall be sufficiently served on an external company if delivered or sent by post to the person last registered as the company's process agent at his last registered address even if the process agent refuses to accept service or the company has ceased to maintain a place of business in Ghana:

    Provided that this subsection shall not apply to service of a document,

    (a) if the company was struck off the register of external companies under section 312 of this Code more than six years previously; or

    (b) if one person was last registered as process agent and that person is dead or, in the case of a body corporate, dissolved; or

    (c) if two or more persons were last registered as process agents and each of those persons is dead, or in the case of a body corporate, dissolved.

    (2) Where,

    (a) no registration of the name and address of a person as the process agent of an external company has been effected, or

    (b) the foregoing subsection does not apply by reason of paragraph (b) or (c) of the proviso thereto,

    any process or other document shall be sufficiently served on the company if delivered or sent by post to any place of business of the company in Ghana or, if the company has ceased to have any place of business in Ghana, to the registered office or principal place of business of the company in the country of its incorporation.

    (3) Any document to be served by post on an external company shall be posted in such time as to admit of its being delivered in due course of delivery within the time, if any, prescribed for the service thereof; and in proving service it shall be sufficient to prove that a letter containing such document was properly addressed, prepaid, and posted, whether or not by registered post.

    (4) If it shall be proved that any document was in fact received by any local manager or process agent or by the board of directors, managing director or secretary of the external company such document shall be deemed to have been served on that company notwithstanding that service may not have been effected in accordance with the foregoing subsection of this section.

    (5) Nothing in this section shall derogate from the power of any court to direct how service shall be effected of any document relating to legal proceedings before that court.