The Office of the Registrar of Companies (ORC) has commenced legal processes to remove Companies Limited by Shares in default for more than two (2) years from the Companies Register by the end of MAY 2024.
This decision by the Office has become necessary to purge the Register of dormant companies and companies in default for failure to file their Annual Returns and update their records as directed by the Registrar of Companies in accordance with Section 126 of the Companies Act 2019 (Act 992).
Currently, 8,531 Companies Limited by Shares (both Private and Public) as at December 2023 have failed to comply with the Registrar’s directive to file their annual returns each year;
Read full statement from the ORC
The Office of the Registrar of Companies (ORC) wishes to inform its cherished clients, Company Officials, and all Stakeholders that the Office has commenced legal processes to remove Companies Limited by Shares in default for more than two (2) years from the Companies Register by the end of MAY 2024. This decision by the Office has become necessary to purge the Register of dormant companies and companies in default for failure to file their Annual Returns and update their records as directed by the Registrar of Companies in accordance with Section 126 of the Companies Act 2019 (Act 992).
2. Currently, 8,531 Companies Limited by Shares (both Private and Public) as at December 2023 have failed to comply with the Registrar’s directive to file their annual returns each year; hence, they have been found to be in default. Consequently, these companies will be struck off from the Companies Register by 31st May, 2024. These companies can, however, still file their annual returns together with their audited financial statements with the Office by the end of May 2024 before the process of striking off companies is completed.
3. It is worth noting that the (ORC) has taken this decision after two (2) years of rigorous sensitization and multiple publications of these companies in default in the media and our official website as the Companies Act, 2019 (Act 992) requires of the Registrar of Companies. Despite all the efforts by the Office of the Registrar of Companies to encourage stakeholders to file their returns, some companies have still not complied with this directive.
4. In the light of the above, Company Officials are kindly reminded that the Office will commence the implementation of a one off administrative penalty of GHC1,000.00 against any company in default effectively 1st May 2024 which will be strictly implemented in accordance with the Companies Act, 2019 (Act 992).
5. Officials of affected Companies are kindly reminded by the Office that, as per Section 289 (5) (Act 992), a company that has its name struck off from the Register is not permitted to conduct business under the Company name for twelve (12) years. A company struck off the Register can only be restored by the Registrar of Companies after a court finds sufficient cause and therefore issues an Order to the Registrar of Companies directing the restoration of the delisted name to the Register as per Section 289 (7) of the Companies Act 992. Company officials are to visit our website (www.orc.gov.gh) and also check in the national dailies to find published names of affected companies to be struck off.
6. The general public is strictly advised to note that, under no circumstance should any Company Official make any Mobile Money (Momo) transfer to any ‘Momo’ account in the name of the Office of the Registrar of Companies or the Registrar-General’s Department. The Office does not operate or have a ‘Momo’ Account neither has the Office authorized any person to act on its behalf in striking off names of Companies in default.
7. Kindly contact our Office on 059-952-5774 (WhatsApp/Telegram) or 0302-666-081/0302-664-692 or any of our social media handles on Facebook, Twitter, LinkedIn and Instagram @ORC Ghana.
8. The Office of the Registrar of Companies, Ghana wishes to assure its cherished clients of its relentless efforts in providing them with quality service as their partners in business.
JEMIMA MAMAA OWARE (MRS)
REGISTRAR OF COMPANIES, GHANA