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479.   Prosecution of delinquent officers and members of a company

Revised Laws of Saint Lucia (2022)

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479.   Prosecution of delinquent officers and members of a company

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    (1)   If it appears to the court in the course of a winding-up by the court, that any past or present officer, or any member, of the company committed an offence in relation to the company for which he or she is criminally liable the court may, either on the application of any person interested in the winding-up or on its own motion, direct the liquidator to refer the matter to the Director of Public Prosecutions.

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    (2)   If it appears to the liquidator in the course of a voluntary winding-up that any past or present officer, or any member, of a company committed any offence in relation to the company for which he or she is criminally liable, he or she shall report the matter to the Director of Public Prosecutions and shall furnish to the Director such information and give to him or her such access to and facilities for inspecting and taking copies of any documents, being information or documents in the possession or under the control of the liquidator and relating to the matter in question, as the Director may require.

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    (3)   If it appears to the court in the course of a voluntary winding-up that any past or present officer, or any member, of the company committed any offence in relation to the company for which he or she is criminally liable, and that no report with respect to the matter has been made by the liquidator to the Director of Public Prosecutions under subsection (2), the court may, on the application of any person interested in the winding-up or of its own motion direct the liquidator to make such a report, and on a report being made accordingly the provisions of this section have effect as though the report had been made under subsection (2).

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    (4)   If, where any matter is reported or referred to the Director of Public Prosecutions under this section, he or she considers that the case is one in which a prosecution ought to be instituted, the liquidator and every officer and agent of the company past and present (other than the defendant in the proceedings) shall give him or her all assistance in connection with the prosecution which he or she is reasonably able to give.

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    (5)   For the purpose of subsection (4), “agent”, in relation to a company, is deemed to include any banker or attorney-at-law of the company and any person employed by the company as auditor, whether that person is or is not an officer of the company.

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    (6)   If any person fails or neglects to give assistance in the manner required by subsection (4), the court may, on the application of the Director of Public Prosecutions, direct that person to comply with the requirements of that subsection, and where any such application is made with respect to a liquidator the court may, unless it appears that the failure or neglect to comply was due to the liquidator not having in his or her hands sufficient assets of the company to enable him or her so to do, direct that the costs of the application shall be borne by the liquidator personally.

Supplementary Provisions As To Winding-Up

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