Revised Laws of Saint Lucia (2021)

International Banks Regulations – Section 44

(Statutory Instruments 97/2000 and 34/2001)

Statutory Instrument 97/2000 .. in force 15 May 2000

Amended by S.I. 34/2001 .. in force 15 April 2000

ARRANGEMENT OF REGULATIONS

1.Citation
2.Interpretation
3.Application for licence
4.Licence
5.Notice of Change
6.Notice of Revocation
7.Fees
8.Deposits and investment
Schedule 1
Schedule 2

INTERNATIONAL BANKS REGULATIONS – SECTION 44

Commencement [15 April,2000]

1.   Citation

These Regulations may be cited as the International Banks Regulations.

2.   Interpretation

In these Regulations “Act” means the International Banks Act.

3.   Application for licence

An application for a licence under section 4 of the Act shall be in the form as prescribed in Form 1 of Schedule 1.

4.   Licence

  1.  

    (1)   A Class “A” international banking licence issued under sections 4 and 7 of the Act shall be in the form as prescribed in Form 2A of Schedule 1.

  1.  

    (2)   Class “B” international banking licence issued under sections 4 and 7 of the Act shall be in the form as prescribed in Form 2B of Schedule 1.

5.   Notice of Change

A notice of change of particulars under section 6 of the Act shall be in the form as prescribed in Form 3 of Schedule 1.

6.   Notice of Revocation

A notice of revocation under section 20 of the Act shall be in the form as prescribed in Form 4 of Schedule 1.

7.   Fees

  1.  

    (1)   In this regulation—

annual fees” means the annual fee under section 8(2) of the Act;

prescribed fee” means the prescribed fee under section 8(1) of the Act.

  1.  

    (2)   Subject to subregulation (3), the annual fee payable under section 8 of the Act shall be as prescribed in Schedule 2.

  1.  

    (3)   Where a licence is granted between—

    1.  

      (a)     1 January and 31 March or on either of these dates, the prescribed fee payable on the grant of the licence shall be the full annual fee;

    1.  

      (b)     1 April and 30 June or on either of these dates, the prescribed fee payable on the grant of the licence shall be 75% of the annual fee;

    1.  

      (c)     1 July and 30 September or on either of these dates, the prescribed fee payable on the grant of the licence shall be 50% of the annual fee;

    1.  

      (d)     1 October and 31 December or on either of these dates, the prescribed fee payable on the grant of the licence shall be 25% of the annual fee.

    1.  

           (Substituted by S.I. 34/2001)

8.   Deposits and investment

  1.  

    (1)   For the purposes of section 11 of the Act, an eligible company may deposit or invest the sum of US$100,000 by any of the following methods—

    1.  

      (a)     treasury bills issued by the Government of Saint Lucia;

    1.  

      (b)     bonds and debentures issued by the Government of Saint Lucia;

    1.  

      (c)     deposits with the Saint Lucia Development Bank;

    1.  

      (d)     deposits with a bank licensed under the Banking Act; or

    1.  

      (e)     deposits with a financial institution approved by the Minister.

  1.  

    (2)   Any eligible company shall provide an undertaking in writing not to dispose of, pledge, hypothecate, release or otherwise encumber the deposit or investment made under section 11 of the Act without prior notification and approval by the Minister.

Schedule 1

FORM 1
(Regulation 3)
(International Banks Act: Section 4)
APPLICATION FOR LICENCE TO CARRY OUT
INTERNATIONAL BANKING BUSINESS
Please tick the class of licence applied for. Please complete all parts of the application.
Class A – fully paid-up capital of US$ one million or equivalent in approved currency.
Class B – fully paid-up capital of US$250,000 or equivalent in approved currency.
PART 1
APPLICANT DETAILS
Name of Applicant:Registered Office of Applicant

International Business Company No.Business address of Applicant
Date of Incorporation
Contact person for this applicationTelephone
Fax
Email
Share CapitalMethod of Raising Share capital
Authorized
IssuedAmount and nature of loan capital
Paid Up
PART 2
ADDITIONAL INFORMATION
Please append (where applicable) the following items of information.
     Certified evidence of capital requirements.
     Name, citizenship, bankers' references and addresses of Shareholders (include names of beneficiaries where shareholders are nominees) with statutory declaration as shown in Part 7. Also amount and type of shares held.
     Resumes of each Director and senior management personnel of Applicant, together with Banker's references. Resumes – shall contain: name, date and place of birth, citizenship details, country of residence and length of residency, private address for past ten years, educational and professional qualifications, employment history, etc.
     Constitutional documents – Certified copies of Memorandum and Articles of Association, and Certificate of Incorporation.
     Particulars of shareholder loan – Include details of all loans to and from shareholders.
     Comparative financial statement – Copy of applicant's and applicant's parent company's latest audited accounts and group accounts where applicable for 3 years prior to year of application and the statements of accounts at the end of the month prior to submission of application (Applies to subsidiary or continuing companies)
     Business plan – encompassing Background, Business Objectives, Management and Staff Structure, Projected Financial Position. Also include full details of parent subsidiary or relationships where applicable.
     Auditors and attorneys-at law confirmation of appointment – Names and address of appointed firms of auditors and attorneys-at-law together with confirmation letter.
     Restricted list statement – for restricted licence, include the names and addresses of persons with which business is to be restricted.
     Undertaking to provide and set apart fully paid-up capital, before and at the time business commences.
     Undertaking must expressly provide that Laws of Saint Lucia are to govern validity, interpretation and effects on the rights and obligations of each of the parties.
PART 3
APPLICANT MANAGEMENT
Please list all directors of the applicant, identify the Chairperson, Chief Executive or Managing Director and any other directors with specific title. Non-executive directors should be distinguished. A completed resume for each person should be appended.
Name and TitleAddressIs a resume attached?
YES/NO
YES/NO
YES/NO
PART 4
DETAILS OF CORPORATE STRUCTURE OF WHICH APPLICANT FORMS PART
Please provide details of group companies of which the applicant forms part and describe the services provided.
Name of CompanyRelationship (Parent, subsidiary, group or related company)Jurisdiction or DomicileAddressServices provided
PART 5
APPLICANT ADMINISTRATION EXPERIENCE (WHERE APPLICABLE)
Please provide details of banking business administered by the applicant or group companies over the past 7 years.
Name of Banking Business & Jurisdiction/DomicileNo. of Years AdministeredNature of services provided
PART 6
REGULATORY RELATIONSHIPS
Please provide name and address all Regulatory Entities to which the applicant or other group companies report or reported over the past 5 years
Name of CompanyName and Address of Regulatory Authority
PART 7
STATUTORY DECLARATION – TO BE COMPLETED BY SHAREHOLDERS, DIRECTORS AND SENIOR MANAGEMENT PERSONNEL
I, [................................ full name ....................] Passport Number [...............]
of [................................ please state full address ........................................]
do solemnly and sincerely declare as follows—
1.That I am a citizen of [..................................]
2.That *I have never been convicted of an offence under the Laws of Saint Lucia or of any other State. *(except for minor traffic offences).
3.That I am of good character.
4.That I have never been the subject of any refusal in any related application for registration, licence, recognition or authorization by any regulatory authority in any country or jurisdiction.
5.That I have never been the subject of any suspension, cancellation or revocation of registration, licence, recognition or authorization by any regulatory authority in any country or jurisdiction.
6.That no judgment has been rendered against me nor any suit or proceedings are pending against me in any country or jurisdiction which has been based in whole or in part on fraud, theft, deceit, misrepresentation or similar conduct.
7.I have never been charged, indicted or convicted in any country or jurisdiction for any offence in any criminal or civil proceedings relating to fraud or theft arising out of operating or dealing in mutual funds, collective investment schemes/funds, securities, banking or insurance business.
8.I have never been declared bankrupt nor have I been a party to bankruptcy or insolvency proceedings.
9.I have never been subject to proceeding relating to winding-up, dissolution, creditors' arrangement, creditors' compromise or receivership.
I make this Declaration conscientiously believing the same to be true and in accordance with the Statutory Declaration Act, and that I am aware that if there is any statement in this Declaration which is false, or which I know to be false or do not believe to be true, I am liable to imprisonment.
DECLARED before me
at
thisday of__________________
Declarant
________________
Notary Royal
FORM 2A
(Regulation 4(1))
[COAT OF ARMS]
SAINT LUCIA
LICENCE
INTERNATIONAL BANKING BUSINESS
(International Banks Act: Sections 4 and 7)
This is to certify that________________________________________
Name of licensee
has been granted a licence to carry on international banking business from Saint Lucia.
The licence granted is of type CLASS “A” and is subject to the following:
1.The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
2.*Conditions specified below.
Dated this ______________ day of ________________ ,________
____________________
Minister
International Financial Services
FORM 2B
(Regulation 4(2))
[COAT OF ARMS]
SAINT LUCIA
LICENCE
INTERNATIONAL BANKING BUSINESS
(International Banking Act: Sections 4 and 7)
This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international banking business from Saint Lucia.
The licence granted is of type CLASS “B” and is subject to the following:
1.The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
2.The licensee shall not receive or solicit funds by way of trade/business from persons other than those listed on this licence certificate.
The list of persons from whom the licensee may solicit funds by way of trade or business is as follows:
.................................................................................................
.................................................................................................
3.*Conditions specified below.
Dated this ____________ day of ______________ ,____________
____________________
Minister
International Financial Services
FORM 3
(Regulation 5)
NOTICE OF CHANGE OF PARTICULARS
(International Banks Act: Section 6)
(TO BE COMPLETED IN DUPLICATE)
Date: ..........................
To:Minister for International Financial Services Financial Services Supervision Department Castries
SAINT LUCIA
Dear Sir:
We hereby notify you that we have changed the particulars set out in our application for licence as follows.
Approval is requested for the following changes for the reasons outlined:
1................................................................................................
......................................................................................
......................................................................................
......................................................................................
2.......................................................................................
......................................................................................
......................................................................................
......................................................................................
3.......................................................................................
......................................................................................
......................................................................................
......................................................................................
Yours Faithfully,
Name: ....................................
Signature: .................................
APPROVED, except as maybe set forth in an attachment hereto.
____________________
Minister
International Financial Services
FORM 4
(Regulation 6)
NOTICE OF REVOCATION
(International Banks Act: Section 20)
Name of licensee: ...................................................................................
Licence Number: ....................................................................................
Address: ............................................................................................
......................................................................................................
......................................................................................................
The Minister of International Financial Services hereby notifies the above holder of an International Banking Licence, that its licence has been revoked by the Minister as at [..enter date..] under section 20 of the International Banks Act for the following reasons—
the licensee appears unable to meet its obligations as they fall due.
the licensee is carrying on business in a manner detrimental to the public interest, the interest of its depositors, or other creditors.
a condition exists that would have caused the Minister to refuse to grant the licensee a licence upon application.
the licensee has contravened the provisions of section ________ of the International Banks Act.
the licensee has failed to comply with the following condition of its licence.
the licensee has ceased to carry on international banking business.
the licensee has gone into liquidation, is wound up or otherwise dissolved.
The licensee may under section 20(2) of the International Banks Act apply to the Minister within 7 days of the date of this Notice for a reconsideration of his or her decision to revoke its licence.
The licensee may under section 51 of the International Banks Act appeal the revocation by lodging an appeal to the High Court of Saint Lucia.
Dated this .................... day of ......................,.....
..........................................
Minister
International Financial Services

Schedule 2

(Regulation 7)

FEES
US$
1.Application fee500
2.Annual licence fee Class “A”25,000
3.Annual licence fee Class “B”15,000