Revised Laws of Saint Lucia (2022)

16.   Additional provisions as to nominee holdings

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    (1)   Where—

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      (a)     the holder of the security is a nominee and the person for whom he or she is a nominee is resident outside the scheduled territories; or

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      (b)     the holder of a security is not a nominee and is resident outside the scheduled territories,

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    then, except with the permission of the Director of Finance and Planning, a person resident in Saint Lucia shall not do any act whereby the holder becomes his or her nominee in respect of the security.

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    (2)   Except with the permission of the Director of Finance and Planning, a person resident in Saint Lucia for whom the holder of a security is a nominee shall not do any act whereby—

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      (a)     the holder, being a person resident outside the scheduled territories, holds the security otherwise than as his or her nominee; or

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      (b)     the holder, not being a person resident outside the scheduled territories, holds the security as nominee for a person resident outside the scheduled territories.

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    (3)   Where the holder of a security is a nominee, then, except with the permission of the Director of Finance and Planning, neither he or she, if he or she is resident in Saint Lucia, nor any person resident in Saint Lucia through whose agency the exercise of all or any of the holder's rights in respect of the security are controlled, shall—

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      (a)     do any act whereby he or she recognizes or gives effect to the substitution of another person as the person from whom he or she directly receives his or her instructions unless both the person previously instructing him or her and the person substituted for that person were, immediately before the substitution, resident in the scheduled territories and not elsewhere; or

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      (b)     do any act whereby he or she ceases to be a person bound to give effect to the instructions of another person in relation to the security, unless the person who theretofore instructed him or her is resident in the scheduled territories and not elsewhere.

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    (4)   Where the holder of a security is not a nominee and is resident in Saint Lucia, then, except with the permission of the Director of Finance and Planning, he or she shall not do any act whereby he or she becomes the nominee of another person in respect of the security, unless that other person is resident in the scheduled territories and not elsewhere.

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    (5)   A person resident in the scheduled territories shall not in Saint Lucia do any act which involves, is in association with or is preparatory to any such transaction outside Saint Lucia as is referred to in this section.