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Jan13
The Rule of Law is Alive and Well
There are many motivations for people to enter government service. One reason, particularly in less developed countries, is the financial perquisites. These benefits come in many forms and include jobs for family members, bribes, kickbacks, or, on the extreme end, the ability to totally disregard the law. Many of these factors are embedded cultural issues that need to be recognized if one is to do business in these countries.
 
I learned this lesson for the first time when I was in Indonesia helping establish leasing guidelines and regulations there. I remember being told by the local lessors that it wasn’t a good idea to lease to any of the president’s family members. When I asked why, they explained that these folks oftentimes did not see the need to make their lease payments on a timely basis, if at all. Furthermore, any attempts at collection usually ended in a visit from certain well-muscled and/or armed gentlemen. Basically, the returns were not worth the hassle and risk, both financial and physical.
Although this problem is not unique to Indonesia, I was heartened by a recent report in the Monitor Daily indicating that the rule of law is being established in other areas of the world. (As my Alta Group colleague Rafael Castillo-Triana, a noted expert in international leasing law, has explained to me, the rule of law is a critical component to the growth of any leasing industry.) Anyway, as I was saying, I was cheered by this article.
 
According to the article, reported by Ghana News Today, an African politician is learning the hard way what happens when you don't make your lease payments. Apparently, the newly elected chairman of the country's National Democratic Congress entered into a lease for industrial printing equipment for his company in April 2000 when he was a Cabinet Minister. He quickly defaulted on the lease, which was with Ghana Leasing.
 
Ghana Leasing took appropriate legal action to collect what was rightly due them, and, when this fellow failed to show up in court, an Accra High Court ordered an auction house to begin selling his property. Needless to say, that got his attention and he has since begun making his lease payments. I don’t see much difference between the fraud I discussed yesterday and this scam. In one, the lessee did not get equipment but got a lot of money. In the other, the lessee got a lot of equipment and did not pay for it. The encouraging part of the whole thing is that the rule of law functioned in this case, and that the government official was unable to abuse his position to defraud the leasing company of what was rightfully theirs.

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4 Comments/Trackbacks




WE AT GHANA LEASING COMPANY ARE GLAD THAT OUR ACTION PUTS GHANA ON THE LIMELIGHTS INTERNATIONALLY.
WE MUST POINT OUT HOWEVER THAT GHANA HAS ALWAYS BEEN A COUNTRY OF LAWS NOT OF MEN ESPECIALLY SINCE OUR RETURN TO DEMOCRATIC GOVERNANCE MORE THAN A DECADE AND HALF AGO.

Absolutely no disrespect to your country or Ghanaian law intended, sir. As I mentioned in my post, it is always good to see the law function, no matter where leasing business is conducted. As a leading lessor in Ghana, what can you tell us about the state of the leasing industry there?

The leasing industry in Ghana is made up of five companies of which four are independent and two are subsidiaries of banks. The independent leasing companies are Ghana Leasing Company Limited, General Leasing and Finance Company Limited, and Leasafric Ghana Limited. Ecobank Leasing Company Limited and Merban Finance and Leasing Company are subsidiaries of Ecobank Ghana Limited and Merchant Bank Ghana Limited respectively.

Ghana Leasing Company was the first of its kind created by the International Finance Corporation (IFC), Commonwealth Development Corporation (CDC) and Deutsche Investments und Entwicklungsgesellschaft mbh (DEG)as well as local financial institutions.

The Ghana Finance Lease Law is considered to be one of the most innovative and progressive in Africa. Other African countries have emulated Ghana's standard.

Since the introduction of leasing in Ghana in 1991, leasing has grown steadily and is now considered as an alternative to bank loan financing for equipment purchases.

However funding continues to contrain the potential growth of the leasing industry. Currently Ghana Leasing Company is looking for international partners to invest by way of Preference Shares or term loans to underwrite leases.

If I could offer additional information please do not hesitate to contact me.

ERNEST MINTAH
EMAIL: ceo@ghanaleasing.com


» Ghanaian leasing industry from LeasingNotes
The story of Ghana Leasing highlights the important role that development agencies such as the International Finance Corporation play in establishing viable leasing i... [Read More]

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