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common propose.
Business forms
The individual typicall registers the business and carries it out bearing
all the liabilities and debts if any of the business venture.
Advantages:
Facts: The plaintiff and the defendant are both businessmen resident
3. Some time in March 1974 the plaintiff took a loan from the
4. In June 1980 the plaintiff had word that the industry jointly owned
and operated by him and the said John K. Arzumah had been sold to
If the business is conducted in the owners name the name need not be
registered.
(i) carries on business under a business name which does not consist
of his true surname without any addition other than his true first
names or the initials thereof; or
(ii) has either before or after the commencement of this Act changed
his name, except in the case of a woman in consequence of marriage;
Facts: during his lifetime, registered the name of his business under
For the purposes of his business, he took a loan from the plaintiffs to
thereon as security for the loan. On the [p.283] death of L., his
administrators, the defendants herein, floated a limited liability
company called Scarts Ltd. to take over the assets and liabilities of
repayment of the loan. When they failed to repay, the plaintiffs caused
Held: Unlike Act 179, the Registration of Business Names Act, 1962
(Act 151), was not intended to confer any distinct legal personality on
any business name registered under it. The provisions of the Act are a
clear pointer to this. Whilst the provisions of Act 179 refer to the
business names. The fact that registration under Act 151 does not
borne out by section 10 (1) of the Act. Act 151 protects the exclusive
use and right of the person registering the business name. It is also
clear from the provisions of Act 151 that the registrar deals solely
Facts: Section 39 (7) of the Incorporated Private Partnerships Act, 1962 (Act 152),
provides that:
"37. (7) Subject to any agreement between the partners, if the partnership is for an
undefined term or has become a partnership at will in accordance with section 36 of
this Act, a partner may at any time retire from the firm by giving notice in writing to
the other partners of his intention to retire, and thereupon such partner shall cease to
be a partner in the firm as from the date mentioned in the notice as the date of
retirement or, if no date is so mentioned, as from the date of the communication of
the notice."
Held: one of the points of difference between the English Partnership Act, 1890 (53
& 54 Vict., c. 39), and the Incorporated Private Partnerships Act, 1962 (Act 152), was
that whereas the partner in England who insisted on retiring against the will of his
co-partners must be in a position to dissolve the partnership, the latter Act was
designed to avoid this result. Section 39 (7) operated in the manner contended on
behalf of the first defendant only if a retiring partner insisted on his decision to retire
despite all efforts by the others to change his mind if they were of persuasion that
[p.268] he should stay. So that whatever the views of the remaining partners and
however much they wished their retiring partner to stay, if he said that there would
not, there could not be said to be agreement among the partners that the partnership
should continue as it had been. Then according to the law, the retirement dated
from the date of the notice. Upon a consideration of the whole matter in the instant
case, the equities were against the first defendant. It would be wrong to interpret the
law as she wanted it. The conduct of the partners after the letter of 18 February 1966
overwhelmingly favoured the view that that letter was treated by consent by all of
them as of no effect.
partnership in Gh.
Meaning of Partnership.
Second Sch
(a) a company registered under the Companies Ordinance, (Cap. 193), or any
statutory re-enactment thereof, unless it is re-registered hereunder in
accordance with section 59 of this Act and the Second Schedule hereto;
(d) a joint venture without a firm name for one or more specific operations,
(3) Subject as aforesaid, the sharing of the net profits of a business shall, prima
facie, be evidence of a partnership, but,
(b) a person shall not be deemed to be a partner if it is shown that he did not
participate in the carrying on of the business and was not authorised so to do.
Registration
(1) After the expiration of three months from the commencement of this Act, it shall
not be lawful for a partnership to carry on business unless the firm shall have been
duly registered in accordance with section 5 of this Act and not struck off the register
under section 51, 52 or 53 of this Act.
(2) No partnership consisting of more than twenty persons or of which any body
corporate is a member shall be registered under this Act.
(1) Registration under this Act shall be effected in the manner following, that is to
say, there shall be sent or delivered to the Registrar for registration a copy of the
partnership agreement and a statement in the prescribed form signed by all the
partners containing the following particulars, namely,
(ii) all other places in Ghana at which the business is carried on;
(d) the names and any former names, residential addresses and business
occupations of the partners;
(e) the date of commencement of the partnership, unless the partnership has
commenced more than twelve months prior to the date of the statement;
(f) particulars of any charges requiring registration under section 25 of this Act
or a statement that there are no such charges,
and where particulars of any charge require registration under section 25 of this Act,
the statement shall be accompanied by the documents required by that section.
(2) Notwithstanding any changes in the constitution of the partnership, the firm shall
continue to exist as a corporate body until dissolved in accordance with section 51,
52 or 53 of this Act.
(3) Notwithstanding that the firm is a body corporate, each partner therein shall be
liable, without limitation, for the debts and obligations of the firm in the manner
referred to in section 16 of this Act; but shall be entitled to an indemnity from the firm
and to contribution from his co-partners in accordance with his rights under the
partnership agreement