BOG

POST BANKING SECTOR CLEAN-UP: BOG GOVERNOR BLAMES SLOW JUDICIAL PROCESS

After spending some GH¢25billion of taxpayers’ money to settle depositors of various financial institutions in a radical clean-up, only GH¢1.7billion of that cash has been recovered so far in almost four years since the beginning of that exercise – a situation the regulator has blamed on slow processes of the judicial system. According to data from the Bank of Ghana, as of March 2021 only GH¢1.5billion had been recovered from the banking sector; GH¢132.1million from the savings and loans sector; GH¢77.1million from finance houses; GH¢33.5million from micro-finance institutions; and more than GH¢870,000 from micro credit companies. The amount recovered represents just 6.8 percent of the total money spent on the clean-up programme. Meanwhile, information from the Governor of the central bank, Dr. Ernest Addison, indicates government spent some GH¢25billion in cleaning up the sector and paying depositors their funds which were locked up with the defunct financial institutions; but progress made in recovering that colossal amount has been very disappointing due to the judicial system’s slowness. “We are very far from the target. If we have been able to recover just about 7 percent of the work that is done, then it is not encouraging. Part of this problem is what’s going on in our courts; things are not moving as quickly as one would have expected,” he told journalists at a press conference in Accra. To make up for the losses, government has introduced a new tax for the banking industry this year, known as the financial sector clean-up levy, which is a 5 percent levy on profit before tax of banks – a move that was met with high resistance from the Ghana Association of Bankers but to no avail. “The financial sector clean-up and the refund of monies to depositors have restored investor confidence and protected the hard-earned savings of millions of Ghanaians.  However, this has come at a huge cost to government. Government will therefore introduce a financial sector clean-up levy of 5 percent on profit-before-tax of banks to help defray outstanding commitments in the sector. The levy will be reviewed in 2024,” the budget statement stated. Background of the financial sector clean-up On August 14, 2017, Ghanaians woke up to the shocking news that two local financial institutions, UT and Capital Banks, had their licenses revoked by the Bank of Ghana, as their financial statements showed the two banks were living dead (insolvent). Then a year after, in August 2018, seven other banks – uniBank, Beige Bank, The Royal Bank, Construction Bank and Sovereign Bank – were also declared insolvent and had their licenses revoked. Again, the regulator cracked the whip on Heritage Bank and Premium Bank in January 2019, with the former said to have obtained its license through fraudulent means and the latter also declared insolvent. All these banks’ assets, with the exception of UT and Capital Banks which were taken over by the GCB Bank, have been transferred to the Consolidated Bank Ghana Ltd. The show did not end there: in March 2019, the Bank of Ghana further revoked the licenses of 347 microfinance companies which were declared insolvent. Then in August the same year, 23 Savings and Loans companies also had their licenses revoked. These actions, according to Finance Minister Ken Ofori-Atta, have cost government some GH¢13.6billion. Besides this, a further GH¢5billion has also been spent on the President’s directives to fully pay all depositors whose funds were locked up with the failed SDIs and MFIs; and an additional GH¢3.1billion has also been spent on supporting investors in failed asset management companies regulated by the Securities and Exchange Commission (SEC).

NOTICE TO ALL DEPOSITORS AND OTHER CREDITORS

The Receiver of the defunct 23 Savings and Loans Companies and 347 Microfinance Companies wishes to notify all Depositors and Other Creditors who are yet to file their claims to complete the attached Proof of Debt (PoD) forms and send together with all supporting documents to the following email addresses: All completed PoD forms for the Savings and Loans in Receivership should be sent to: gh_receivership23savingsandloans@pwc.com and deborah.obodai@pwc.com All completed PoD forms for the Microfinance Companies in receivership should be sent to:  gh_receivership347microfinance@pwc.com  and  deborah.obodai@pwc.com Kindly deliver the hard/original copy to the following address: The Receiver,54 Olusegun Obasanjo High Way,Opposite Accra Girls Senior High SchoolPMB CT42, CantonmentsAccra, Ghana Microfinance Companies – Proof of Debt Form (Depositors) Microfinance Companies – Proof of Debt Form (Other Creditors) Savings and Loans – Proof of Debt Form (Depositors) Savings and Loans -Proof of Debt Form (Other Creditors)

NOTICE TO ALL BORROWERS AND LOAN DEFAULTERS

IN THE MATTER OF THE BANKS AND SPECIALISED DEPOSIT-TAKING INSTITUTIONS ACT, 2016 (ACT 930) ANDIN THE MATTER OF THE RECEIVERSHIPS OF THE 347 MICROFINANCE COMPANIES AND THE 23 SAVINGS & LOANS AND FINANCE HOUSE COMPANIES  NOTICE TO ALL BORROWERS AND LOAN DEFAULTERS Pursuant to Section 123 (1) of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930) (“the Act”), Bank of Ghana (“BoG”) on 31 May 2019 and 16 August 2019 revoked the operating licenses of 347 insolvent Microfinance Companies and 23 Savings and Loans and Finance House Companies respectively, and in accordance with Section 123(2) of the Act appointed Eric Nana Nipah, a Director of PricewaterhouseCoopers Ghana Limited (“PwC”) as the Receiver for the purposes of winding down the affairs of these Companies. Section 127 (3) of the Act mandates the Receiver to realise all assets of the resolved companies, including outstanding loans and advances, for the benefit of creditors. Accordingly, the Receiver wishes to once again notify the general public, especially persons/institutions who have outstanding loan obligations to these resolved companies to visit any of the maintained branches of these institutions for the repayment of their outstanding loans. The list of the maintained branches is shown on the adjacent table and can also be accessed on the Receiver’s website (www.ghreceiverships.com). Borrowers may also settle their outstanding obligations to the resolved companies through the respective MTN MoMo numbers and/or receivership bank accounts listed in the adjacent tables. Borrowers may also settle their outstanding obligations through the Receiver’s designated representatives/agents authorised to do so. If unsure of these designated persons/ agents, please call the Receiver’s Call Centre on 0242439441 for confirmation. The Receiver entreats all borrowers to cooperate with his agents in this regard. Borrowers are to note that the Receiver will continue to accrue interest on all their outstanding loan obligations should they fail to pay or reach a settlement agreement with the Receiver immediately. Borrowers are to note also that, the Receiver will pursue all recalcitrant defaulters through all available means as permitted by Act 930 including, but not limited to, legal actions and publishing names of recalcitrant defaulters in national and international newspapers. For further information on the Loan Repayments, please call 0242439441/ 0302960208 or send an email to: projectdomino.loans@gmail.com (for the Microfinance Companies) or projectbluemoonloans@gmail.com (for the Savings and Loans and Finance House Companies). You may also write to the; The Receiver,54 Olusegun Obasanjo High Way,Opposite Accra Girls Senior High SchoolPMB CT42, CantonmentsAccra, Ghana Thank you. SIGNED ERIC NANA NIPAH Download PDF

BOG REVOKED UNICREDIT’S LICENCE LAWFULLY

Court dismisses entire case as being without merit A Human Rights Court in Accra has ruled that the Bank of Ghana (BoG) followed due process in revoking the license of UniCredit. HODA Holdings Limited (HODA), the majority shareholder of uniCredit Ghana Limited (uniCredit), had filed a motion on notice for judicial review in the nature of certiorari to quash the notice of BoG dated August 15, 2019 declaring uniCredit insolvent and revoking its licence to operate as a specialised deposit-taking institution. In addition, HODA also prayed the Human Rights Court for an order of injunction directed at the Bank of Ghana, their agents, assigns, privies and hirelings or otherwise howsoever described from interfering with the operations of uniCredit and to refer the subject matter of the application to arbitration. After examining and evaluating the affidavits, exhibits and the various submissions by counsel for the parties, the court, presided over by Justice Gifty Agyei Addo, dismissed the entire case of HODA Holdings Limited as being without merit. Mr Frank Davies was counsel for Bank of Ghana while Mr Adu Mante was the counsel for HODA. The court, in its judgment, affirmed BoG’s resolution powers under the Banks and Specialised Deposit-Taking Institutions Act, Act 930. The court held that the steps taken by BoG in revoking the licence of uniCredit were in accordance with due process and were lawful. Reasons BoG gave for revoking uniCredit’s licence uniCredit Ghana Limited (uniCredit), formerly Kantamanto Savings and Loans Company Limited, was given an operating licence in October1995 and commenced operations on November , 1995. In 2006, the institution was acquired by the HODA Group of Companies, and subsequently its name was changed from Kantamanto Savings and Loans Limited to uniCredit Ghana Limited in March 2007. The institution is currently overexposed to a related party, uniSecurities Limited, a sister company. The institution’s inability to access its funds from uniSecurities, even though overdue, has resulted in severe liquidity challenges and its inability to meet withdrawal requests of customers. uniCredit Savings & Loans Limited was found to be insolvent with a negative capital adequacy ratio and negative net worth following the Bank of Ghana’s assessment as of December 2018. The Bank of Ghana directed the board and management of the institution to immediately inject additional capital to address the capital deficiency, but this has not been successful. The specific issues that led to the revocation of the licence of the institution included the following: GH₵221.32m negative adjusted net worth a. The institution’s adjusted net worth of negative GH₵221.32 million as at end May 2019 indicates that its paid up capital is impaired in violation of Section 28(1) Act 930. b. The institution’s adjusted capital adequacy ratio of negative 97.83% as at end May 2019 is in violation of Section 29(2) of Act 930. GH₵160.10m non-performing-related party exposures This is mainly due to the non-performing-related party exposures of GH₵160.10 million to uniSecurities, which is far in excess of its negative net worth. c. The Institution has been breaching the statutory cash reserve ratio requirement since April 2018. d. The institution is unable to meet the deposit withdrawals of customers due to its severe liquidity challenges. The Bank of Ghana has been receiving many complaints from the institution’s customers about their inability to access their funds. e. The institution has a high percentage of non-performing loans. Dr Duffuor petitions Parliament over Unibank licence revocation In a related development, Dr Duffuor, the former Finance Minister and founder of Unibank, has petitioned Parliament to investigate the central bank over the revocation of his bank’s licence. In a statement set for discussion in the House, the former governor of the central bank petitioned the legislature to investigate the conduct of BoG in the takeover. Mr Duffuor also wants an inquiry into the appointment of an Official Administrator of Unibank Ghana Limited, as well as the circumstances surrounding the revocation of the bank’s licence in 2018. He is also asking Parliament to direct the restoration of the banking licence of Unibank Ghana Limited by BoG and remedying the harms done to the shareholders’ property rights as a result of the conduct of the central bank. Dr Duffuor, the founder of Unibank in 1997 at a time when he was BoG Governor, also wants Parliament to give any other directives it deems fit. The bank was put into administration by the BoG in 2018 and then consolidated with four other defunct banks during Ghana’s banking crisis.

AUCTION SALES! AUCTION SALES!! AUCTION SALES!!!

AUCTION SALES! AUCTION SALES!! AUCTION SALES!!! A consortium of Auctioneers (Wildos Mart, Broadway Mart, and Yakamata Mart) appointed by the Receiver of the resolved 347 Microfinance Companies (“MFIs”) and the 23 Savings & Loans and Finance House Companies (“S&Ls”) wishes to inform the general public of an auction sale of the chattels of the resolved companies. The sale of the chattels of the resolved MFIs and S&Ls will be conducted at the respective branches of the resolved MFIs and 23 S&Ls across the 16 regions from Monday 8 March 2021 until all items are sold out. Chattels to be auctioned include air conditioners – split/window, desk-top computers, fridges, water dispensers, swivel chairs, executive office tables/chairs, leather sofas, couches, flat screen television sets and generators. All interested buyers may contact any of the appointed auctioneers whose details are shown in the table below, or the Receiver’s representative on 0247143593/0202731441, if any further information is required: AUCTIONEER CONTACT Wildos Mart 0244381303 Broadway Mart 0246004242 Yakamata Mart 0243668984 Conditions and Payment Modalities:       Strictly Cash down at the fall of the gavel or item will be re-auctioned. “As is where is” Highest bidder shall be the purchaser.

ENSURE PERPETRATORS OF COLLAPSED BANKS FACE THE LAW IN SECOND TENURE – BOG GOVERNOR URGED

Banking Consultant, Nana Otuo Acheampong has admonished Governor of the Bank of Ghana, Dr Ernest Addison, to ensure during his second tenure that persons behind the collapse of indigenous Ghanaian banks in 2017 face the law. According to him, many depositors of these collapsed banks are still faced with uncertainties and hardship as a result of the collapse. In an interaction with Citi Business News, Nana Otuo Acheampong pointed out that though some owners and managers of insolvent banks have been charged and granted bail by a court, it is still not enough. “On resolving the banks that had toxic loans, people are still waiting for some answers as to what happens to those who caused those toxic loans to be contracted in the first place,” he stressed. “We know that one or two people are already in court, but is that all? For those in court, how soon are we going to see results? So those are some of the tasks he has ahead of him or he should have on his desk to attend to,” Otuo Acheampong lamented. The renowned banking consultant urged the governor to commit time and resources towards expediting the process leading to the apprehension of all persons involved in the ruin of banks. In 2017 banks such as UT Bank, UniBank, Royal, Construction, Beige, Sovereign, Heritage and Premium banks had their licenses revoked and subsequently consolidated into one bank. Two others were also handed over to the Ghana Commercial Bank. The regulatory crackdown of these collapsed banks was based on poor business practices and weak capital positions resulting in a series of market exits.

NOTICE TO THE GENERAL PUBLIC – SALE OF LANDED PROPERTIES

IN THE MATTER OF THE BANKS AND SPECIALISED DEPOSIT-TAKING INSTITUTIONS ACT, 2016 (ACT 930)  IN THE MATTER OF THE RECEIVERSHIPS OF THE 347 MICROFINANCE COMPANIES AND THE 23 SAVINGS & LOANS AND FINANCE HOUSE COMPANIES NOTICE TO THE GENERAL PUBLIC SALE OF LANDED PROPERTIES As you may be aware, pursuant to Section 123 (1) of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), Bank of Ghana (“BoG”) on 31 May 2019 and 16 August 2019 revoked the operating licenses of 347 insolvent Microfinance Companies and 23 Savings & Loans and Finance House Companies respectively. BoG in accordance with Section 123(2) of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930) appointed Eric Nana Nipah, a Director of PricewaterhouseCoopers Ghana Limited (“PwC”), as the Receiver for the purposes of winding down the affairs of these institutions. A key component of the Receiver’s mandate is to secure all assets of the resolved companies and maximise their realisations for the benefit of creditors. Accordingly, the Receiver wishes to inform the general public that he is requesting for firm bids from potential buyers to acquire some Landed Properties of the resolved companies for his evaluation. Potential bidders who want to inspect the Properties or have enquires may visit the receivership website on www.ghreceiverships.com or contact the Receiver’s representative Michael Vondee on michael.nat007@gmail.com or 0244977797 to reserve an inspection appointment. Details of the condition for the sale of these properties are set out in a sales memorandum which can be assessed on the website above. All bids are to be submitted on or before 4pm on Friday, 26 March 2021. Interested bidders should submit their bids in a signed and dated formal letter to the following address: The ReceiverNo. 54 Olusegun Obasanjo High WayOpposite Accra Girls Senior High School Accra Tel: +233 (0) 302761500Attention: Eric Nana NipahSGDERIC NANA NIPAH CLICK HERE TO DOWNLOAD SALES MEMORANDUM

GH¢21 BILLION SPENT ON BANKING SECTOR CLEAN-UP – AKUFO-ADDO

The government expended GH¢21 billion to clean up the banking sector, the President, Nana Akufo-Addo has announced. Delivering his final ‘State of the Nation’ address to the 7th Parliament, he said “an amount of GH¢21 billion was used to fund the cleaning up exercise. These are painful lessons we all have to imbibe” The Bank of Ghana embarked on a banking sector clean-up, recapitalization, and other regulatory reforms from mid-2017 to end-December 2018 in line with its mandate to promote the safety, soundness, and stability of the financial system to support economic growth. A regulatory crackdown on poor business practices and weak capital positions in Ghana’s banking sector has resulted in a series of market exits since August 2017. The outcome is a smaller but more sustainable banking industry, though this has come at a price.  A similar clean-up process, which has already resulted in hundreds of license withdrawals, has also been applied to the Microfinance and Non-Banking financial institutions sector. According to the Banking of Ghana sector report for last year, the first major assessment criteria of the reform process is the growth of the banking sector. Although the recapitalisation process scaled down the number of banks to 23 in Dec-2018 from 33 in Dec-2016, the industry’s balance sheet indicators pointed to a stronger growth performance in the key performance matrix. Growth in total assets, a key measure of the size of the banking sector, almost doubled, to 22.8 percent in 2019 from 12.3 percent in 2018, supported in part by the sustained growth in deposits since 2017, and the rapid growth recorded in 2019. From 12.7 percent in 2017, deposits growth moved up to 17.3 percent and 22.2 percent in 2018 and 2019 respectively, in recognition of the renewed and growing confidence in the banking sector following the reforms. Another positive outturn from the reforms was repositioning of the banking sector to support economic growth through intermediation. There has been a strong rebound in credit growth since the reforms took effect. Banking sector credit increased to GH¢45.2 billion in December 2019 from GH¢36.5 billion in December 2018. Growth in new advances also recovered strongly to GH¢29.7 billion during 2019 from GH¢23.3 billion in 2018. The growth in credit was broad-based across all the various economic sectors.

GH¢21 BILLION SPENT TO CLEAN UP THE FINANCIAL SECTOR – DR BAWUMIA

Vice-President Dr. Mahamudu Bawumia says the government has spent GH¢21billion to clean up the financial sector. He said 99 percent of depositors of the affected banks, microfinance and savings and loans companies had been fully settled. The Vice-President was speaking at the 12th Edition of the Nation Building Updates at the Cedi Conference Centre, Department of Economics, University of Ghana. The event was on the theme, “Future of Ghana’s Economy”. He added that the government on compassionate grounds had decided to pay up to GH¢50,000 to all customers of affected Fund Management Companies while the liquidation processes continued. Dr Bawumia informed that based on the validated claims, the partial bailout would result in 89 percent of the affected individuals being fully settled. He said the relatively strong performance of the economy, among other things, led to Ghana becoming the destination of choice for Foreign Direct Investments (FDI) in West Africa, according to the 2019 World Investment Report by UNCTAD. He said the strong economy built by the Government had provided space and ability to provide the basic needs for people, both as part of a broad, inclusive, transformational development strategy and also to withstand crises like COVID-19. “The shock of COVID-19 notwithstanding, the economy is bouncing back,” he added. The Vice-President said the government’s economic transformation agenda was on course. However, he added, in the next four years the government would build on the successes of their “One District, One Factory” and “Strategic Anchor Industries” policies to further enhance agro-processing. He said government would also enhance cocoa processing, add value to minerals and petrochemicals, promote labour-intensive and light manufacturing activities. “We will continue the development of the Aluminium, Iron and Steel industries along their entire value chains through GIADEC and GIISDEC, and leverage our Regional Hub status and as hosts for the Secretariat of the AfCFTA to expand our access to regional and continental markets,” he said. The Vice-President said those things were not happening in a vacuum, and more importantly, they did not happen by accident. He said rather it came from their overarching strategy to transform the structure of the economy to add value to the country’s agricultural and natural resources as well as careful planning and execution. He said the Akufo-Addo led government was also building the foundations for industrial development to ensure sustainable, long-term economic growth as well as create jobs.