Revised Laws of Saint Lucia (2022)

12.   Prohibitions

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    (1)   An international business company shall not—

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      (a)     carry on business with persons resident in Saint Lucia;

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      (b)     own an interest in immovable property situated in Saint Lucia, other than a lease referred to in subsection (2)(e);

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      (c)     carry on international banking business unless it is licensed to do so under the law in force in Saint Lucia relating to international financial services;

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      (d)     carry on a banking business with a resident whether alone or in conjunction with any other activity, unless it is licensed to do so under the Banking Act;

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      (e)     carry on an international insurance business unless it is licensed to do so under the law in force in Saint Lucia relating to international financial services;

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      (f)     carry on a shipping business with a resident whether alone or in conjunction with any other activity, unless it has complied with an enactment relating to the carrying on of shipping business;

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      (g)     carry on the business of international financial services representation;

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      (h)     carry on international mutual funds business unless it is licensed to do so under the law in force in Saint Lucia relating to international financial services; or

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      (i)     carry on business in a manner detrimental to the public interest.

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    (2)   For the purposes of subsection (1)(a) an international business company shall not be treated as carrying on business with a person resident in Saint Lucia by reason only that—

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      (a)     it makes or maintains deposits with a person carrying on banking business within Saint Lucia;

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      (b)     it makes or maintains professional contact with attorneys-at-law, management consultants, accountants, book keepers, trust companies, administration companies, financial and investment advisers or other similar persons carrying on business within Saint Lucia;

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      (c)     it prepares or maintains books and records within Saint Lucia;

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      (d)     it holds within Saint Lucia meetings of its directors or members;

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      (e)     it holds a lease of property in Saint Lucia for its operations; (Amended by Act 14 of 2002)

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      (f)     it holds shares, debt obligations or other securities in a company incorporated under this Act or under the Companies Act;

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      (g)     shares, debt obligations or other securities in the international business company are owned by any person resident or citizen of Saint Lucia or by a company incorporated under this Act or under the Companies Act;

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      (h)     it owns a vessel registered in Saint Lucia in accordance with the Shipping Act;

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      (i)     it employs a resident, or leases or purchases property (other than real property) in Saint Lucia in connection with its operations; or

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      (j)     a ship or vessel owned by the international business company does business with a resident in the course of its operations.

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    (3)   Subsections (1) and (2) only apply to a company incorporated prior to the 1st day of December, 2018 and continues to apply to that company until the 30th day of June, 2021. (Inserted by Act 13 of 2018)