Revised Laws of Saint Lucia (2021)

PART 2
CERTIFICATE OF ELIGIBILITY

7.   Requirement for a certificate

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   (1)   An alien shall make an application to the Board for a certificate to be eligible to apply for an alien landholding licence to purchase, acquire, lease land or continue to hold land in Saint Lucia.

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   (2)   An alien with a valid licence issued under the former Act shall make an application to the Board for a certificate, if that alien intends to obtain an alien investor entrance permit.

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   (3)   An alien exempted from the licensing requirements under the former Act or under this Act, shall make an application to the Board for a certificate, if that alien intends to obtain an alien investor entrance permit.

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   (4)   An alien that intends to subdivide land specified in a licence issued under the former Act or an alien landholding licence, must hold a valid certificate to be eligible to make an application for an alien landholding licence under section 15.

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   (5)   A divorced spouse of an alien shall make an application to the Board for a certificate to be eligible to make an application for an amendment of a licence issued under the former Act or an alien landholding licence under section 22 to change the name on the licence to his or her name by the divorce.

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   (6)   Subject to subsection (12), an alien that acquires land pursuant to his or her rights under a mortgage or debenture, shall after one year from the acquisition or entry into possession of the land, make an application to the Board for a certificate to be eligible to make an application for an amendment of a licence issued under the former Act or an alien landholding licence under section 22 to change the name on the licence to his or her name by the acquisition or entry into possession of the land.

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   (7)   Subject to subsection (12), an alien that fails to administer the estate of a deceased alien within 2 years of the grant of probate or administration, shall make an application to the Board for a certificate to be eligible to make an application for an amendment of a licence issued under the former Act or an alien landholding licence under section 22 to change the name on the licence to his or her name by the probate or administration, until he or she administers the estate of the deceased alien.

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   (8)   Subject to subsection (12), the beneficiary that is an alien shall, on the grant of probate or administration, make an application to the Board for a certificate to be eligible to make an application for an amendment of a licence issued under the former Act or an alien landholding licence under section 22 to change the name on the licence to his or her name by the succession of the deceased alien.

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   (9)   Subject to subsection (12), the receiver or liquidator of an alien that is a company shall, after 2 years of the receivership or liquidation of the company, make an application to the Board for a certificate to be eligible to make an application for an amendment of a licence issued under the former Act or an alien landholding licence under section 22 to change the name on the licence to his or her name by the receivership or liquidation.

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   (10)   Subject to subsection (11), where a body corporate or an unincorporated body purchases, acquires or leases or holds land in Saint Lucia without —

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      (a)     the requirement for a licence under the former Act or any other enactment;

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      (b)     a certificate or an alien landholding licence,

     and by reason of a disposition of shares or other interest of the body corporate or unincorporated body, the directors, the beneficial owners, majority shareholders or owners of that body are aliens, that body corporate or unincorporated body shall make an application to the Board, within 30 days of the disposition of the shares or other interest, for a certificate to be eligible to make an application for an alien landholding licence to purchase, acquire, lease or continue to hold the land in Saint Lucia.

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   (11)   Where an alien contravenes subsection (10), the land held by that body corporate or unincorporated body is liable to be forfeited to the Crown in accordance with the forfeiture proceedings set out under Part 5.

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   (12)   Where an alien contravenes subsection (6), (7) or (9) the land held by that alien is liable to be forfeited to the Crown in accordance with the forfeiture proceedings set out under Part V.