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The name ‘John Evans Atta Mills Memorial Heritage’ to be expunged by Registrar General

The Registrar-General is about to expunge the name ‘John Evans Atta Mills Memorial Heritage LBG” from its Companies Records and replace it with another name of its choice following the failure of its owners to change its name as directed (by the Registrar General) because it is misleading.

Sources at the Registrar Generals Department told this paper that following a complaint by the ‘J.E.A. Mills Memorial Heritage LBG’ that the name ‘John Evans Atta Mills Memorial Heritage LBG’ is similar to its own, the Registrar General wrote to the latter giving them six weeks to change the name of their entity in accordance with the Companies Act. ‘John Evans Atta Mills Memorial Heritage LBG’ however failed to comply, compelling the Registrar General to write to them again notifying them of their failure to change the name and alerting them to the fact that after 48 hours, the name will be changed for them.

The DAILY POST’s archival search revealed that the ‘J.E.A. Mills Memorial Heritage’ was registered as a company Limited by Guarantee on October 14, 2021. Its Directors are Alexander Percival Segbefia who is the Chairman of the Board, Hanny-Sherry Ayittey, Hon Samuel Atta Mills and Emmanuel Siisi Quainoo.

The Directors had wanted to register the company as ‘John Evans Atta Mills Heritage’ but were informed the name already exists and hence theirs cannot be registered with same name. They were given the alternative ‘J.E.A Mills Memorial Heritage’ which they accepted and thus registered.

On February 1, 2022, the ‘J.E.A. Mills Memorial Heritage was launched at the University of Ghana in Accra. Interestingly, four clear months after the ‘J.E.A. Memorial Heritage’ was registered, one Eric Elikem Akabua ( on January 31, 2022) also went to register the ‘John Evans Atta Mills Memorial Heritage LBG’.

The Directors of the ‘J.E.A. Mills Memorial Heritage LBG’ got wind of it following a series of front page publications by ‘The Informer’ newspaper which claimed the J.E.A. Mills Memorial Heritage LBG’ was fake.

Following this publication and the accusations leveled against some of the Directors of the Board of the ‘J.E.A. Mills Memorial Heritage LBG, particularly the Board Chairman, Alex Segbefia, the ‘J.E.A. Mills Memorial Heritage LBG’ wrote to the Registrar General to sound her about the misleading registered name, ‘John Evans Atta Mills Memorial Heritage LBG’. The letter, dated May 30, 2022 reads;

Dear Mrs. Oware

REQUEST FOR INVESTIGATION AND RECTIFICATION: JOHN EVANS ATTA MILLS MEMORIAL HERITAGE

It has come to our notice through a newspaper publication, that a new company has been registered by the Registrar General called “John Evans Atta Mills Memorial Heritage’.
The 30th May edition of ‘The Informer’ newspaper reported that a Company Limited by Guarantee was incorporated by the Registrar General on 31st January, 2022 called the ‘John Evans Atta Mills Memorial Heritage’. A copy of the publication is attached for ease of reference, (Appendix A). The publication claims that the ‘J.E.A. Mills Memorial Heritage’ incorporated on 14th October, 2021 is fake.

As you are no doubt aware, the ‘J.E.A.Mills Memorial Heritage’ was duly incorporated on 14th October, 2021. Prior to that, we made a request to be registered as ‘John Evans Atta Mills Heritage’. We were however advised by your good self that the name ‘John Evans Atta Mills’ had been already registered by Mrs. Naadu Mills and Dr. Cadman Mills and could not be used by another company. We attach a copy of search as (Appendix B)
The Registrar General advised us to select the name ‘J.E.A. Mills Memorial Heritage’ instead. We are therefore surprised to learn that a company with the same name called ‘John Evans Atta Mills Memorial Heritage’ was incorporated on 31st January, 2022 subsequent to our incorporation in October, 2021 and four months after our company had been incorporated.

We should be grateful if you would cause a search to be conducted at your registry to confirm whether or not a company Limited by Guarantee named ‘John Evans Atta Mills Memorial Heritage’ was incorporated by the Registrar General on 31st January, 2022 after the ‘J.E.A. Mills Memorial Heritage’ had been duly registered on 14th October, 2022.

Please also cause an investigation into the registration of the company ‘John Evans Atta Mills Memorial Heritage’ incorporated on 31st January, 2022 and confirm whether another company existed with the same name and or similar name at the time of incorporation by the Registrar General on 31st January, 2022.

We should also be grateful, if you would cause the name of that company incorporated on 31st January, 2022 as ‘John Evans Atta Mills Memorial Heritage’ to be expunged from the Companies, and its name changed, as being misleading and undesirable pursuant to Sections 21(2), (3) (5) (6) of the Companies Act, 2019 (Act 992).

Thank you for your cooperation

Yours truly
Nana Oye Bampoh Addo
Secretary
J.E.A Mills Memorial Heritage

Following the complaint filed by the ‘J.E.A. Mills Memorial Heritage LBG’, the Registrar General convened a meeting and followed it up with a letter to the so-called ‘John Atta Evans Mils Memorial Heritage’, directing them to change the name of their entity since the name is misleading because it is similar to ‘J.E.A Mills Memorial Heritage’.

The letter from the Registrar General to the ‘John Evans Atta Mills Memorial ‘ ordering them to change their name reads;

ATTENTION: MR. ERIC ELIKEM AKABUA

RE-REQUEST FOR INVESTIGATION AND RECTIFICATION: JOHN EVANS ATTA MILLS MEMORIAL HERITAGE
The Registrar of companies is in receipt of a letter dated 30th May, 2022 presented by the J.E.A.Mills Memorial Heritage LBG. By their letter, our attention has been drawn to the similarity of names between J.E.A. Mills Memorial Heritage LBG, incorporated on 14th October, 2021 and yours, John Evans Atta Mills Memorial Heritage JBG with incorporated date 31at January, 2022.

Search conducted also revealed record of company, John Evans Atta Mills Memorial Foundation incorporated on 19th February, 2013 and which name is closely similar to yours, John Evans Atta Mills Memorial Heritage LBG and hence, likely to mislead.

In an attempt to facilitate an amicable resolution of the issue in respect of which our attention had been brought to, we called on you on 7th June, 2022 and agreed on Monday, 13th June, 2022 as a convenient date for a meeting. We very much appreciate your presence at our meeting and wish to follow up on our discussion with this letter at your request.

Having recognized the close similarity between your company and that of others on record, we wish to bring to your attention, Section 21(5) of the Companies Act,2019 (Act992) which allows the Registrar to request that a company changes its name if its name is misleading and the same had been registered through inadvertence or otherwise.

The company is here requested to comply with Section 21(5) of ACT 992 , to make the necessary name change within 6 weeks from the date of receipt of this letter. Failure to do so, the Registrar shall exercise her powers under Section 21(9) of Act 992 and change the name of the company in the Companies Register and notify you of same.

Our office is available to render any assistance to the company in complying with the above directives

Yours Faithfully

CATHERINE GBIKPI BENISSAN (MRS)

FOR: REGISTRAR OF COMPANIES

 

With the elapse of the six weeks without any change of name by the Directors of the so-called ‘John Evans Atta Mills Memorial Heritage’, the Registrar General wrote to them informing them ‘John Evans Atta Mills Memorial Heritage’ is going to be expunged from the records and a new name chosen for it.

The letter from the Registrar General notifying the so-called ‘John Atta Mills Memorial Heritage’ about the impending removal of their from the Registrar General’s Department’s Companies Records reads;

15TH AUGUST, 2022

JOHN EVANS ATTA MILLS
MEMORIAL HERITAGE LBG
P.O. BOX 32
SAKUMONO, GA/R

ATTENTION: MR. ERIC ELIKEM AKABUA

RE-REQUEST FOR INVESTIGATION AND RECTIFICATION: JOHN EVANS ATTA MILLS MEMORIAL HERITAGE
We wish to bring to your attention that the 6 weeks period provided under the Companies Act, 2019 (Act 992) for compliance to the directive of the Registrar to change the name of John Evans Atta Mills Memorial Heritage LBG has elapsed.

We request that you furnish us with a new name within 2 days of receipt of notice of this letter, to enable us to effect the name change. Failure to do so, the Registrar shall exercise her powers under Section 21(9) of Act 992 and change the name of the company in the Companies Register and notify you of s of same.

Yours Faithfully

CATHERINE GBIKPI BENISSAN (MRS)
FOR: REGISTRAR OF COMPANIES

CC: J.E.A MILLS MEMORIAL HERITAGE LBG

 

Over a week after the final letter from the Registrar General to the so-called ‘John Evans Atta Mills Memorial Heritage’, the latter has still not effected the change of name, leaving the Registrar General with no choice than to expunge the name and give it a new name.

 

Source: Daily Post

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