About Kwame

Kwame Agati is the founder of the Law Offices of Kwame Agati and is its current Managing Solicitor.  He graduated from the University of Ghana in 1986 with an LLB (Hons).  In 1996 he was awarded an LLM with Merit in Corporate and Commercial Law (Company Law, Banking Law, Information and Communications Technology Law and Commercial Arbitration) by the Centre for Commercial Law Studies, Queen Mary College, and University of London.  He was called to the English Bar in 1992 at the Honourable Society of the Middle Temple, United Kingdom. He is a Barrister and Solicitor of the Supreme Court of Ghana, an Associate of the Chartered Institute of Bankers and an Associate of the Institute of Chartered Secretaries and Administrators (UK).


Assignments

Some of the assignments he has handled include the following:

  • Acted as a member of a five member team of experts which drafted and made presentations at stakeholders’ validation meetings of Telecommunications and ICT related legislation for Ghana. The laws are: The Electronic Communications Act, 2008 (Act 775), the National Communications Authority Act, 2008, (Act 769), the Electronic Transactions Act, 2008 (Act 772) and the National Information Technology Agency Act, 2008 (Act 771). This consultancy was funded by USAID

 

  • Acted as a member of the Ghana National ICT Policy and Plan Development Committee; the Committee that produced the Ghana ICT4AD Policy and he was one of the consultants who worked on the formulation of strategies and implementation plans arising from the Policy.

 

  • Engaged as a Consultant and was part of a team appointed by the Ministry of Communications to write up Strategic Action Plans for Export Oriented ICT Products and Services Industry and Globally Competitive Value-Added Service Sectors for Ghana.

 

  • Acted as legal adviser to the Initial Public Offer (IPO) of shares in Golden Web Limited on the Ghana Stock Exchange. Conducted due diligence and advised on all aspects of the IPO.

 

  • Acted as legal adviser to ZTE Corporation of China and Hong Kong, drafted and negotiated a turnkey contract for the design, supply, construction, installation, integration, optimization and commissioning of a CDMA20001X Network to replace Kasapa Telecom Limited’s analogue network.

 

  • Acted as Legal Adviser to ZTE Ghana Limited. Incorporated the company and procured its registration with the Ghana Investment Promotion Centre. Drafted and negotiated a managed services contract between ZTE Ghana and Kasapa Telecom Limited for the management of its CDMA20001X Network.

 

  • Advised New Times Corporation on its conversion to a limited liability company under the Statutory Corporations (Conversion to Companies), 1993, (Act 461).

 

  • Acted as Local legal expert and worked in conjunction with a team of international experts developed Draft Guidelines on Access and Benefit Sharing of Plant Genetic Resources for the Ministry of Lands, Forestry and Mines as part of the Northern Ghana Biodiversity Conservation Project funded by the World Bank.

 

  • Engaged as a local legal expert and worked together with international consultants to undertake an audit of IPR legislation in Ghana and conducted a review of the legal and institutional framework for IPR protection and contributed to the formulation of an Anti-Counterfeiting and Piracy Strategy for Ghana

 

  • Conducted a Contents Rights Clearance exercise for a major mobile operator which was launching a service offering covering ringtones, wallpaper and music downloads to its customers

 

  • Was part of the legal team of the Ecobank Development Corporation Consortium that advised the Government of Ghana in 2007 on the sale of its shares in Ghana Telecom to a strategic investor

 

  • Advised a company that was launching an IPTV and Video on Demand (VOD) service in Ghana. Conducted IPRs content clearance and advised on regulatory and compliance matters.

 

  • Was a member of a team of consultants which provided consultancy services under a contract for the review, development and finalisation of elegislation for the ICT sector in Ghana. The contract was awarded by the Ministry of Communications, Ghana and funded by the World Bank as part of the eGhana Project

 

  • Delivered a series of presentations on the Legal Aspects of Electronic Banking with emphasis on the laws governing electronic funds transfer to risks managers, in-house counsel and other staff of various banks in Ghana at the invitation of the National Banking College in May 2009

 

  • Acted as Counsel for the Plaintiff in the first case in Ghana involving the law on funds transfers at both the High Court, Court of Appeal and currently before the Supreme Court of Ghana

 

  • Has extensive lecturing experience in Corporate and Banking Law

 

  • Currently acting for Bharti Airtel Ghana (formerly Zain Communications (Ghana) Limited) a telecommunications company on a range of matters

 

  • Was engaged in 2010 as a local legal expert and together with international consultants reviewed and proposed amendments and new regulations to the existing legal and regulatory framework for payments under Ghana’s national payment system. The project was funded by the Millennium Development Authority of Ghana with funding from the United States of America’s Millennium Challenge Account

 

  • Has been acting as external Counsel and Company Secretary to several companies whose businesses cover the areas of ICT, Banking and Financial Services, Natural Resources, Telecommunications and Bunkering.