Government wants Registrar General to oversee GFA restructuring

The Attorney General, Gloria Akuffo has announced government’s plans to liquidate the Ghana Football Association (GFA) because the association in its current state is not fit for the purpose for which it was established.
The government on Tuesday filed a petition at the High Court for the dissolution of the GFA. Government is praying the court to make the Registrar General’s Department, the legal liquidator of the process to bring the GFA’s existence to an end.
In her argument before the court, the state attorney said the GFA was being used for illegal purposes, hence the government’s decision to protect the interest of the public.
She added that GFA officials have used the association for some corrupt activities as captured in the 2014 World Cup Dzamefe Commission Report and a documentary by Anas Aremeyaw Anas, an undercover investigative journalist.
“We are asking that the court should order that the Registrar General as the legal liquidator be asked to take over,’ Ms Akuffo told journalists after securing an interim injunction on the activities of the GFA on Tuesday, June 12.
“That will be the body that will see to the future of the establishment of the administration this FA. So we are not just throwing away the baby with the bath water but we don’t add rotten soup to fresh soup, we need to get it right perhaps now is when… but we can’t pretend we are running a good FA with all these things that are going on”.

If the AG is successful in her bid, the Registrar General, under the Bodies Corporate (Official Liquidations) Act – 1963 (Act 180) shall have the power to do all such other things as may be necessary for winding up the affairs of the company and the distribution of its assets.
It will also be able to bring or defend any action or other legal proceedings in the name and on behalf of the GFA.
Read other powers the Registrar General’s Department will have as a liquidator of the GFA below;
BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT – 1963 (ACT 180)
Section – 9 – Powers of Liquidator
(1) The liquidator in an official winding up under this Act shall have power,
(a) to bring or defend any action or other legal proceedings in the name and on behalf of the company;
(b) to carry on the business of the company so far as may be necessary for the beneficial winding up thereof;
(c) to appoint a legal practitioner to assist him in the performance of his duties;
(d) to pay any classes of creditors in full;
(e) to make any compromise or arrangement, subject to the provisions of section 231 of the Companies Code, 1963, (Act 179) with creditors or persons claiming to be creditors or being or alleging themselves to have any claims, present or future, certain or contingent, ascertained or sounding only in damages against the company or whereby the company may be rendered liable;
(f) to compromise all calls and liabilities to calls, debts and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, ascertained or sounding only in damages, subsisting or supposed to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim and give a complete discharge in respect thereof;
(g) to sell the real and personal property and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company or to sell the same in parcels;
(h) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts and other documents and for that purpose to use when necessary, the company’s seal;
(i) to prove and rank the claims in the bankruptcy, insolvency or sequestration of any contributory for any balance against his estate, and to receive dividends in the bankruptcy, insolvency or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent and rateably with the other separate creditors;
(j) to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made or endorsed by or on behalf of the company in the course of its business;
(k) to raise on the security of the assets of the company any money requisite;
(l) to take out in his official name letters of administration to any deceased contributory and to do in his official name any other act necessary for obtaining payment for any money due from the contributory or his estate which cannot be conveniently done in the name of the company, and in all such cases the money due shall, for the purposes of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself;
(m) to do all such other things as may be necessary for winding up the affairs of the company and the distribution of its assets.

Source: Graphic Online

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