Practice Areas – Group A

In Corporate Finance and Securities, Fugar & Company offers a wide range of  services  in equity and debt issues, stock exchange and regulatory work, mergers and acquisitions, restructuring of private or public financial businesses, public offering and private placements, local/international loan finance, syndicated lending and security transactions, joint ventures, technology transfers, negotiation and drafting of various financial documentation e.g. finance leases, loan and security agreements.

Examples of  the Firm’s extensive experience in corporate finance and securities include:

  • Equity and debt issues, investment banking, public offering and private placements of securities by local and foreign issuers.
  • Due diligence reports for a myriad of prospective investors internationally.
  • Advising a leading international financial institution on the relevant Ghanaian law in the floating of exchangeable bonds on the London Stock Exchange.
  • Advising clients on floated convertible bonds on the London and New York Stock Exchanges.
  • Advising on mergers, reconstructions and restructuring of financial businesses.
  • Providing advice on Ghanaian law in relation to foreign ownership of securities, local market practice governing trading and settlement of securities.
  • Advising on gold mining concessions including the raising of capital from a syndicate of lenders from the United Kingdom.
  • Assisted in preparing draft Regulations for Collective Investment Schemes such as mutual funds and unit trusts in Ghana, in conjunction with the Economic and Legal Advisory Services Division of the Commonwealth Secretariat and the Ghana Stock Exchange.
  • Acting as transaction advisors for the re-structuring of legal and financial arrangements for the water sector privatization, Airlines and Railways projects in Ghana.
  • Advising on legal and regulatory environment and local licensing requirements for the issuance of debt securities in Ghana.

Because of a more realistic and market determined exchange rate, privatisation of state-owned companies, liberalisation of trade and relaxation of controls, Ghana’s investment climate is very congenial to both local and foreign investors.

In response to the growing needs of these investors, Fugar & Company provides the necessary legal advice and services ranging from advising on Ghanaian investment law and procedures to project planning and documentation.

The firm represents investors in obtaining the appropriate licences from the Ghana Investment Promotion Centre (GIPC) and other governmental agencies. Fugar & Company has been instrumental in and has been an industry leader in the setting up of major investment companies in the areas of:

  • cellular telecommunications network in Ghana;
  • a major explosives factory;
  • the setting up of a medical laboratory and clinical pathology company; and,
  • the shipping and mercantile business.

Fugar and Company has also played a leading role in the setting up of other major companies in mining, leasing and finance, security services, construction, television and film production.

The firm has wide ranging expertise in tax matters and offers advice on tax liabilities, incentives and exemptions for old, new and investing companies.

The firm regularly advises on various tax structures, taking advantage of the fiscal and tax incentives incorporated in the Minerals and Mining Law, Ghana Investment Promotion Centre Act and the Internal Revenue Act.

The Ghanaian landscape has changed substantially over the years leading to an influx of investors in the minerals and mining sector,

Since the launching of the Economic Recovery Programme in 1983, many policies and programmes have been introduced by the State to address problems facing  the economy.

Fugar & Company has played and continues to play a very important role in the development of the mineral and mining sector of the country and the mining industry indeed, forms an integral part of the Firm’s practice.

The Firm undertakes the representation of clients at the Minerals Commission, and renders advice on Ghana’s mining laws and regulations, project planning and documentation at all stages.

It also assists in the procurement of reconnaissance, prospecting/exploration licences and mining leases from the Minerals Commission. Particularly, the firm participated in negotiating the mining lease for the second largest gold mining concern in Africa outside South Africa, and the Deed of Warranty, Conditions and Confirmation which spelt out various fiscal and tax incentives for the company.

The firm has also represented a major North American Mining Company in a joint venture with another mining concern to fund the exploration and development operations of various Ghanaian properties; advised an international financial institution on the purchase of over five million global depository shares in the largest gold mining company in Ghana and advised a syndicate of lenders on the funding of new projects of two gold mining companies at Bibiani and Tarkwa, both in Ghana. In addition, it has also advised a major mining concern on a group corporate restructuring exercise being undertaken by its parent company.

It also represents and advises most major American, Canadian, Irish and Australian international gold mining companies with vested interests in the exploration and mining of gold and diamonds in Ghana.

In the energy sector, Fugar & Company offers broad-ranging and authoritative legal expertise.  It acted as Ghanaian counsel for a major American petroleum company in a joint venture with the Ghana National Petroleum Corporation (GNPC) to develop the Tano gas fields and build power badges to produce electricity in Ghana. In addition, the firm has recently acted as Ghanaian counsel for a consortium of senior lenders to one of the operators of the Offshore Cape Three Point (OCTP) – The Sankofa-Gye Nyame gas and oil field development and production in the Western Region of Ghana.

The firm has also advised a UK corporation with wide experience in financing investments in developing countries for the construction of a thermal plant by a local body corporate primarily involved in the generation and development of hydro-electric power.  The project also included the construction and operation of transmission systems for the supply of electrical energy for industrial, commercial and domestic use.

In the oil industry, Fugar & Company has been involved in the reviewing of various agreements in connection with a syndicated loan financing of a local oil refinery’s sale of oil products.

About the water sector, the firm has also acted as Transaction Advisors for the structuring of legal and financial arrangements for the water privatisation project in Ghana. It has recently advised a major public urban water services contractor regarding a proposed management contract.

Attempts over the years to address environmental problems in Ghana have been largely ad-hoc and cosmetic or at best, sector-oriented and therefore limited in scope. With global awareness of the consequences of environmental degradation, there has been a new direction and thrust in national development efforts to ensure that due cognisance is taken of environmental issues.

Fugar & Company has for this reason, recently focused on environmental issues and has a growing practice in this area.

The principal area of the firm’s work involves giving advice on the full range of environmental issues including compliance, liability and control. The firm also assists in the preparation of Environmental Impact Assessment Statements and processing of applications for authorisation, licences and permits. The firm has experience preparing and producing Environmental Impact Assessment Statements for several major mining projects and for an explosives factory.

The Firm’s strategy in this area is to provide clients with a tailor-made and cost effective comprehensive service to prevent environmental degradation and to minimise financial consequential loss.

It frequently works with environmental scientists and has in conjunction with the environmental division of a Geneva-based company, reviewed all laws on the environmental and mining regime in Ghana with a view to updating them and advising on their practicability or otherwise.

This is a fairly new area of practice in Ghana and in its pacesetting tradition, Fugar & Company has been in the forefront of this initiative in a very highly specialised area of law practice, especially in navigating the labyrinthine legal and regulatory framework of the communications industry in Ghana. It has also advised a local cellular phone company in the acquisition of a majority shareholding in it by a major international telecommunications company.

Other activities of the firm in this area include the processing of applications for licences for the provision of various telecommunications services, reviewing licence and interconnection agreements and advising on interconnection principles and guidelines, reviewing and drafting of memoranda of understanding between telecommunications providers.

It has to its credit, a comprehensive publication on the telecommunications legislation and regulation in Ghana.

Fugar & Company advises in matters concerning all maritime activities and private international law which concerns the private business entities that operate ships and vessels.

The Firm provides professional legal services in the formation of vessel ownership  and ship registration as well as handling of maritime legal issues concerning commerce, navigation, shipping, ship personnel, and the ocean-going transportation of passengers and goods.

In addition, the Firm has expertise in representing clients whose vessels and cargo have been arrested.  Other matters dealt with are the drafting of maritime transport contracts, consultation and representation on sales of ships, maritime insurance, ship financing and securities.

Fugar & Company advises clients in legal and regulatory framework covering every segment of the aviation industry, including aviation joint ventures, mergers and acquisitions, reviewing and negotiating bilateral air service agreements, code sharing agreements, open skies policy and freedom rights across Africa, aviation aircraft leasing and financing organizations and aviation public private partnerships.

Fugar & Company works in association with aviation lawyers across the world that are well renowned in aviation law, to provide clients with seamless legal support at all levels. This consortium approach benefits clients who have access to both Ghanaian and international knowledge & capability as a one stop shop. This also offers clients access to high quality services irrespective of where they are based in the world.

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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