Revised Laws of Saint Lucia (2021)

2165.   Power to delegate trusts during absence abroad

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    (1)   A trustee intending to remain out of Saint Lucia for a period exceeding one month may, notwithstanding any rule of law or equity to the contrary, by power of attorney duly registered, delegate to any person (including a trust corporation) the execution or exercise during his or her absence from Saint Lucia of all or any trusts, powers and discretions vested in him or her as such trustee, either alone or jointly with any other person or persons:

Provided that a person being the only other co-trustee and not being a trust corporation shall not be appointed to be an attorney under this paragraph.

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    (2)   The donor of a power of attorney given under this article shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

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    (3)   The power of attorney shall not come into operation unless and until the donor is out of Saint Lucia, and shall be revoked by his or her return.

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    (4)   The power of attorney shall be in notarial form or be attested by at least one witness and shall be registered within 30 days of execution, if executed in Saint Lucia, or within 30 days of first arrival in Saint Lucia, if executed out of Saint Lucia, with a statutory declaration by the donor that he intends to remain out of Saint Lucia for a period exceeding one month from the date of such declaration, or from a date therein mentioned.

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    (5)   The statutory declaration aforesaid and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

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    (6)   In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his or her death or otherwise, be as valid and effectual as if the donor were alive and of full capacity, and had himself or herself done such act or executed such instrument, unless such person had actual notice that the power had never come into operation or of the revocation of the power before such act was done or instrument executed.

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    (7)   For the purpose of executing or exercising the trusts or powers delegated to him or her, the donee may exercise any of the powers conferred on the donor as trustee by law or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock, himself or herself to delegate to an attorney power to transfer but not including the power of delegation conferred by this article.

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    (8)   The fact that it appears from any power of attorney given under this article, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust.