2018-10-17
The Securities and Exchange Commission of Ghana requires Chief Executive Officers of all Market Operators to report on pending civil, criminal, and statutory tribunal cases as part of their quarterly reporting obligations. The directive mandates that reports include the case title and suit number, the specific court or tribunal, a case summary, its current procedural stage, and the final judgment or ruling. Non-compliance with these reporting requirements will trigger enforcement actions under Section 209(4) of the Securities Industry Act, 2016.
THE SECURITIES AND EXCHANGE COMMISSION, GHANA DIRECTIVE ON PENDING CASES SEC/DIR/001/07/2018 The Securities and Exchange Commission hereby issues this Directive pursuant to Sections 3 and 209 of the Securities Industry Act, 2016 (Act 929) to Chief Executive Officers of all Market Operators to report on all pending Court Cases (Civil and Criminal) as well as cases before other statutory bodies or tribunals for or against them as part of their Quarterly reporting requirements under Part IV and V of the Securities & Exchange Commission Regulations, 2003 (L.I. 1728). The following details shall be the minimum required in the reporting format: Full title of the Case including the Suit Number The Particular Court and the number of the Court in which the Case is pending A summary of the case The stage of the case within the rules of court The final outcome of the case (Judgment/Ruling/Decision) Failure to observe the above directive shall attract enforcement of the provisions contained in Section 209(4) of Act 929. The Commission wishes to assure all investors and the general public that it is committed to ensuring rigorous enforcement of all the rules for operators in the capital market in order to promote the growth and development of an efficient, fair and transparent securities market. ISSUED BY ORDER OF THE DIRECTOR-GENERAL, SECURITIES AND EXCHANGE COMMISSION (SEC) DATED: JULY 9, 2018