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Incorporated
Private Partnerships Act
(Amendment) Act 839
Act, 2012
ARRANGEMENT OF SECTIONS
Section
1.Section
57 A inserted
2.Transitional
and saving provisions
3.Modification
ACT
OF THE PARLIAMENT OF THE
REPUBLIC
OF GHANA
ENTITLED
INCORPORATED PRIVATE
PARTNERSHIPS
(AMENDMENT) ACT, 2012
AN ACT to amend the Incorporated
Private Partnerships Act, 1962
(Act 152) to provide for
electronic transactions under
the Act and to provide for
related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President.
Section 57 A inserted
1. The Incorporated Private
Partnerships Act, 1962 (Act 152)
is amended by the insertion
after section 57 A of
"Electronic transactions 57
A (1) Despite any provision of
this Act and other enactment to
the contrary, the registrar may
for purposes of this Act
authorise
(a)
the registration of a
partnership firm with a
partnership agreement;
(b)
the removal of a partnership
name from the register on the
cessation or winding up of a
registered partnership firm;
(c) the registration of
changes to a registered
document;
(d)
the annual renewal of
registration;
(e)
the keeping and maintenance of a
register;
(j)
the issue of a certified copy of
an entry in the register;
(g) the registration of
the particulars of a charge;
(h)
the registration of enforcement
of securities;
(0
the filing of a notice or
document;
(j)
the issue of a notice;
(k)
the keeping of books of account;
(I) the inspection of a
register;
(m) searches;
(n)
the issue of a certified copy of
an entry in the register;
(0) the dissolution of a
firm;
(p)
payment of fees; and
(q)
the performance of any act or
thing required to be done in
relation to paragraph (a)
to (P) to be effected
electronically through an
electronic system in the manner
approved by
the Registrar.
(2) With effect from the date
notified in the Gazette,
the registrar may direct that
any matter, act or thing
referred to in subsection (1),
be submitted or done
electronically.
(3) The registrar shall inform
its clients of the electronic
system intended to be used as
the medium for the electronic
transactions and obtain the
written consent of each client
concerned to use the designated
electronic system.
(4) Without limiting subsection
(2), a document or information
may be sent in electronic form
to a person, member, officer of
a partner- ship or the registrar
through an electronic system for
the performance of any act or
thing under this Act, if
(a)
the intended recipient has
consented in writing to the
despatch and receipt of the
document or information as a
substitute for the hard copy
form, at a designated electronic
address to and from the party
responsible for sending it; or(b)
it is required by law to
receive a document or
information in electronic form.
(5) The registrar may by
legislative instrument make
Regulations
(a) to
prescribe the mode of electronic
transactions
(i) between partnerships
registered under this Act and
the general public;
(ii) between partnerships
registered under this Act and
regulatory agencies;
(iii) between partnerships
registered under this Act; and
(iv) within a partnership'
registered under this Act.
(b)
for application procedures for
registration matters by
electronic filing;
(c)
to provide for the use of
documents reproduced
electroni-cally or by other
means by the registrar as
original docu-
ments by partnerships;
(d)
for electronic record keeping of
documents by registered
partnerships;
(e)
for procedures for the
authentication of electronic
documents by registered
partnerships;
(f)
for the use of websites and
electronic filing addresses for
the purposes of this Act;
(h)
to give effect to and ensure the
efficient operation of any
device or facility; and
(i)
required for the purposes of
electronic transactions under
this Act.
(6) Where in an enactment a
person is required to provide
evidence of a transaction in
respect of a matter specified
under subsection (1), proof of
that matter as transacted
electronically in the manner
approved by the Registrar under
that section shall suffice.".
Transitional and saving
provisions
2. (1) A matter specified under
section 57 A in respect of which
a transaction may be effected
electronically on the
commencement of this Act, shall
after five years from the
commencement date of this Act be
effected electronically only.
(2) Section 57 A of Act
152 does not affect the validity
of anything done manually
relating to the operation of
partnerships established before
the commencement of this Act.
Modification
The Electronic Transactions Act,
2008 (Act 772) shall be read as
one with section 57 A of Act 152
and where there is a conflict
between section 57 A of Act 152
and Act 772, section 57 A of Act
152 shall prevail
Date of Gazette
notification:
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