Question
Bulk Distribution Company Limited is a company incorporated in Ghana and operates 3 Tank Farm Facilities located in Accra, Takoradi and Tamale for bulk storage
Bulk Distribution Company Limited is a company incorporated in Ghana and operates 3 Tank Farm Facilities located in Accra, Takoradi and Tamale for bulk storage and distribution of petroleum products. Mrs. Emefa Oteng-Nyame, a businesswoman who intends to acquire the Tank Farm Assets, has made an offer to the shareholders of Bulk Distribution Company Limited to purchase all the issued shares of Bulk Distribution Company Ltd. Mrs. Emefa Oteng-Nyame intends to finance the purchase of the shares through a facility to be obtained from a new bank incorporated in Ghana, Apata Bank Limited. Apata Bank Limited has agreed to grant the facility to Mrs. Oteng-Nyame for the purchase on the condition that upon the acquisition, a mortgage should be created over the Tank Farm Assets in favour of the Bank to secure the repayment of the loan by Mrs. Oteng-Nyame. Apata Bank Limited has come to you for advice on the legality of the proposed transaction and on the process for perfecting to mortgage for it to be valid and enforceable. Advise Apata Bank Limited. Where the proposed transaction is not legal, advise Apata Bank Limited on the best legal option to implement the transaction, where the Bank obtains security over the hotel assets.
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