Practice Areas – Group B

Fugar & Company has an extensive practice in this area and provides a wide range of legal services to the business and financial sectors.

We provide services such as the incorporation of companies, establishment of branches, liaison and representative offices, negotiation and drafting of various agreements, shareholders’ agreements, share transfer agreements, sale and purchase agreements, management/employment and technical service agreements, agency, distribution and licensing agreements, winding up and project documentation.

The firm also provides legal assistance in respect of the restructuring of companies, establishment of various types of businesses, joint ventures, mergers and acquisitions and other forms of commercial collaboration including advice on Chapter 11 recoveries for companies.

Fugar & Company has in recent years developed considerable experience and expertise in dealing with a wide range of labour related matters.

The firm has conducted many matters relating to the Industrial Relations Act of Ghana (now repealed), and replaced by the Labour Act, 2003 (Act 651) and the Labour Regulations, 2007 (LI 1833) made pursuant to the Act. The Firm has handled cases involving the Trade Union Congress in connection with the negotiation of collective bargaining agreements and arbitration.  It has advised foreign and domestic companies on industrial relations in Ghana and particularly, the responsibilities and obligations of the employer.

The Firm’s experience and expertise include drafting and reviewing of employment contracts, consultancy agreements and conditions of service, setting up of employee provident/trust funds, legal representation in matters relating to wrongful dismissal of employees, various forms of discrimination, redundancy, severance awards and salary claims.

The Firm has also represented clients in cases of employment disputes pending before the Commission for Human Rights and Administrative Justice (CHRAJ) as well as employment litigation before the law courts.

The firm has also been called upon by employers to mediate in cases where strike action is imminent.

With the growing public awareness of intellectual property rights, Government’s policy has strengthened in recent years in a bid to eliminate piracy. It has also enacted new pieces of intellectual property legislation to ensure compliance with the minimum standards set by the World Trade Organization’s Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), currently the key international agreement promoting the harmonization of national intellectual property regimes.

The Ghana Copyright Office has also been instrumental in bringing to the fore, the legal implications of infringement and misappropriation of copyrights, trademarks and patents.

In recent times, the firm’s intellectual property law practice has expanded considerably. It offers a comprehensive range of advisory, transactional and litigation services connected with the evaluation, protection and effective exploitation and enforcement of intellectual property rights in Ghana. Fugar and Company has steadily carved a niche for itself in trademarks and patents with a significant increase in requests from all parts of the world for registration, renewals, licensing and searches and protection of these intellectual property rights.

The Firm has been involved in litigating on behalf of clients in respect of copyright infringements, representing clients at arbitrations conducted by the Copyright Office, and generally advising on Ghanaian intellectual property laws.

The Firm’s client base includes firms from Asia, Europe, North America and South Africa.

The Firm is widely recognised for its expertise and sophisticated practice in banking and finance in that it has provided a broad range of legal services primarily to merchant and commercial banks, leasing companies and other financial institutions.

The Firm has expertise in the structuring and documentation of loan facilities of all kinds as well as related security packages. We have represented our banking clients on many large and complex transactions and have been instrumental in the establishment of banking operations and non-banking financial institutions in Ghana. The Firm has experience handling diverse legal issues including dispute resolution pertaining to the banking and financial communities.

Fugar & Company has acted as Ghanaian counsel to a potential Malaysian institutional investor in its bid to purchase 40% of the issued share capital of a government owned bank.

As legal advisers to a United Kingdom statutory corporation with wide experience in investment in developing countries, Fugar & Company has drafted and reviewed various financial instruments under which various loans were extended to a number of companies and statutory bodies in Ghana for diverse purposes. Some of which included the acquisition of a Tetrapak machine for packaging fruit juice; refurbishment and operation of a glass bottle-manufacturing state-owned enterprise; setting up a leasing company; the establishment of a venture capital fund; and part-financing of a thermal plant for electricity generation.

As one of the few law firms acting as legal consultants to the Divestiture Implementation Committee in Ghana, Fugar & Company has assisted in the structuring and accelerated divestiture of Government interest in state-owned enterprises.

Experience in this area includes conducting legal and corporate due diligence and preparing related reports for the Government to divest its shares in certain state-owned enterprises.

The Firm has also acted as legal advisers to several institutional investors in the USA, Japan and Malaysia in their bid to purchase Government interest state-owned enterprises engaged in diverse business activities ranging from film production and exhibition to construction, transport and banking.

As legal advisers to a UK statutory corporation focused on investment in developing countries, Fugar & Company assisted in structuring financial packages for a glass manufacturing state-owned enterprise when the Government divested its interest; the financing and the establishment of Tetrapak facilities and the expansion of business activities of two fruit processing companies.

The firm also acted as Ghanaian counsel to:

  • An American Company on its twenty per cent (20%) share floatation in an affiliated company registered in New Jersey, USA with major investment in the mining sector in Ghana, on the London and New York Stock Exchanges;
  • A reputable financial institution as lead managers on the issuance of exchangeable bonds by a local major mining company on the New York and London Stock Exchanges;
  • A Japanese Corporation in its bid to purchase a local company, as part of the Government of Ghana’s divestiture programme; and
  • A Malaysian company that purchased 70% of Government’s divested interest in the Ghana Film Industry Corporation.

Practice Groups

Fugar & Company

FUGAR & COMPANY, established in 1977 is pace-setter and one of the leading law firms in Ghana. It provides legal services principally in the areas of commercial and corporate practice and related or cognate fields of law.

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