2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

PART 2
REPORTS TO BE SET OUT

1.     Where it is proposed to acquire a business, a report made by accountants (who must be named in the statement) upon—

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    (a)     the profits or losses of the business in respect of each of the 3 financial years immediately preceding the delivery of the statement to the Registrar; and

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    (b)     the assets and liabilities of the business at the last date to which the accounts of the business were made up.

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    2.

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      (1)     Where it is proposed to acquire shares in a body corporate which by reason of the acquisition or anything to be done in consequence thereof or in connection therewith will become a subsidiary of the company, a report made by accountants (who must be named in the statement) with respect to the profits and losses and assets and liabilities of the other body corporate in accordance with subparagraph (2) or (3) as the case requires, indicating how the profits or losses of the body corporate dealt with by the report would, in respect of the shares to be acquired, have concerned shareholders, and what allowance would have fallen to be made, in relation to assets and liabilities so dealt with, for holders of other shares, if the company had at all times held the shares to be acquired.

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      (2)     If the other body corporate has no subsidiaries, the report referred to in subparagraph (1) must—

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        (a)     so far as regards the statement of income, deal with the profits or losses of the body corporate in respect of each of the 3 financial years immediately preceding the delivery of the statement to the Registrar; and

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        (b)     so far as regards the balance sheet, deal with the assets and liabilities of the body corporate at the closing date of the immediately preceding financial year.

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      (3)     If the other body corporate has subsidiaries, the report referred to in subparagraph (1) must—

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        (a)     so far as regards the statement of income deal separately with the other body corporate's profits and losses as provided by subparagraph (2), and in addition include—

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        (i)     a consolidated statement of income of the body corporate and its subsidiaries, or

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        (ii)     individual statements of income of each subsidiary,

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      or, instead of dealing separately with the other body corporate's profits and losses, deal as a whole with the profits and losses of the other body corporate and, so far as they concern shareholders of the other body corporate, with the combined profits and losses of its subsidiaries; and

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        (b)     so far as regards the balance sheet, deal separately with the other body corporate's assets and liabilities as provided by subparagraph (2) and, in addition, include—

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        (i)     a consolidated balance sheet of the company and its subsidiaries, or

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        (ii)     individual balance sheets of each subsidiary,

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      and must indicate as respects the assets and liabilities of the subsidiary the allowance to be made for persons other than shareholders of the body corporate.