The Office of Registrar of Companies (ORC) has directed all companies and entities to file their annual returns with the office latest by December 31, or risk been struck off from the Companies’ Register.
The directive forms part of the ORC’s move to maintain an accurate and reliable data on companies in the country and to delete dormant and defaulting ones in the Register in accordance with the Companies Act 2019(Act 992).
According to the ORC, there were more than 110,000 dormant and defaulting companies on their Register which had not filed any annual returns over the past five years after their incorporation.
Speaking in an interview with the Ghanaian Times in Accra last week, the Public Relations Officer (PRO) for the ORC, Nicholas Ofori Obeng-Twum, indicated that the clean-up exercise which had entered the second phase would see 2,584 companies and businesses put in state of inactive and eventually struck off beginning from January 2023.
“These dormant and defaulting Companies designated as inactive cannot be electronically searched on in the eRegistrar system and technically connotes that they don’t exist, he said.
Mr Obeng-Twum mentioned companies and entities both private and Limited by Shares, and by Guarantee as Schools, Churches, Associations, Fun Clubs, NGO’s Foreign/Domestic, Foundations, Civil Society Groups(CSO’s), Councils, Charity Groups .
Sanctions, according to the PRO, the Companies Act 2019 (Act 992), Section 289 (5) implies that “a Company can be stuck off the Register if it fails to file its Annual Returns on time or fails to notify the Registrar of Companies of a change in its Registered office or Principal Place of Business in a timely manner”.
Meanwhile , the ORC has directed all Companies to file the appropriate ‘Suffix or Ending’ for their Companies and adopt a ‘Constitution’ to replace the ‘Regulation’ in accordance with Section 24,25,27 and 301 of the Companies Act 2019 (Act 992) by end December 2022.
The filing of Change of Name is necessary to help differentiate between Public and Private Companies to halt Private Companies taking in Public funds and forstall public deceptions and for easy identification of the type of Company and entity they are.
He advised the public to be vigilant against fraudster parading themselves as officers of the ORC and directing people to send momo or risk been ‘cancelled’ from the Companies Register.
BY NORMAN COOPER