The Case for Exclusive Winding Up Provisions for Security and Exchange Commission-Registered Entities in Ghana

The insolvency of financial institutions poses significant threats to financial market integrity, investor confidence, and economic stability. In Ghana, banks and specialized deposit-taking institutions (SDTIs) benefit from an exclusive and well-defined liquidation regime under the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930). However, Securities and Exchange Commission (SEC) registered entities such as investment advisory firms, broker-dealers, and asset managers remain subject to the generic framework of the Corporate Insolvency and Restructuring Act, 2020 (Act 1015). This paper argues for the establishment of exclusive winding up provisions under the Securities Industry Act, 2016 (Act 929) for SEC-regulated entities, drawing on regulatory theory, institutional economics, and public interest justifications. It also analyzes international best practices and Ghanaian case studies to support its reform proposals.

Authors

Publication Details

Journal
Journal of Politics and Law
Published
2025-09-20
DOI
https://doi.org/10.5539/jpl.v18n4p52
Primary Topic
Global Peace and Security Dynamics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Case for Exclusive Winding Up Provisions for Security and Exchange Commission-Registered Entities in Ghana

Abdul Baasit Aziz Bamba, Peter Atudiwe Atupare
Journal of Politics and Law
Global Peace and Security Dynamics
article

The Case for Exclusive Winding Up Provisions for Security and Exchange Commission-Registered Entities in Ghana

Abdul Baasit Aziz Bamba, Peter Atudiwe Atupare
article en

Abstract

The insolvency of financial institutions poses significant threats to financial market integrity, investor confidence, and economic stability. In Ghana, banks and specialized deposit-taking institutions (SDTIs) benefit from an exclusive and well-defined liquidation regime under the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930). However, Securities and Exchange Commission (SEC) registered entities such as investment advisory firms, broker-dealers, and asset managers remain subject to the generic framework of the Corporate Insolvency and Restructuring Act, 2020 (Act 1015). This paper argues for the establishment of exclusive winding up provisions under the Securities Industry Act, 2016 (Act 929) for SEC-regulated entities, drawing on regulatory theory, institutional economics, and public interest justifications. It also analyzes international best practices and Ghanaian case studies to support its reform proposals.

Journal of Politics and LawVol. 18(4)
Openalex Percentile: Top 70%
Global Peace and Security Dynamics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.