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INTERNATIONAL BUSINESS COMPANIES ACT
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2D.   Power to enter premises to obtain information

Revised Laws of Saint Lucia (2022)

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2D.   Power to enter premises to obtain information

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    (1)   With the written consent of the registered agent of an international business company, an authorised officer may, after giving notice of 7 business days to the registered agent, enter the premises of the registered agent where information relating to an international business company is kept and assess whether or not an international business company satisfies the requirements of the Act by—

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      (a)     carrying out or causing to be carried out an examination or inspection of records, books and documents of the international business company;

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      (b)     requiring the registered agent of the international business company to—

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        (i)     give the authorised officer reasonable assistance in connection with the examination or inspection as may be necessary, and

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        (ii)     answer orally or in writing questions relating to the examination or inspection;

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      (c)     taking possession of any records, books and documents for further examination and retain or make copies of the records, books and documents.

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    (2)   A registered agent may give written consent to the authorised officer within 7 business days of receipt of a notice under subsection (1).

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    (3)   Where a registered agent does not give its written consent
    under subsection (2), an authorised officer may apply to a magistrate for a warrant to enter the premises of an international business company for the purpose of enforcing a notice under subsection (1).

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    (4)   Where, on information given on oath by the authorised officer under subsection (3), a magistrate who is satisfied that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be committed on any premises, being an offence by reason of which the delivery to the Minister of information sought by a notice is endangered, may issue a warrant in writing permitting that authorised officer, to enter the premises, if necessary by force, within 14 days commencing on the date of the issue of the warrant, and search the premises, at any time.

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    (5)   Where a warrant is issued pursuant to an application made under subsection (3), the magistrate may impose restrictions on the execution of the warrant as he or she considers proper in the circumstances.

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    (6)   An authorised officer who enters the premises under a warrant issued under this section may be accompanied by a police officer or other person and equipment as the authorised officer considers necessary to enable him or her to enforce the warrant, and, on leaving the premises entered under a warrant under this section, shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as secured against trespassers as he or she found it.

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    (7)   Where an authorised officer enters the premises under a warrant under this section, the authorised officer may seize and remove any article, document or information found there which he or she has reasonable cause to believe may be relevant to the notice, and shall immediately deliver it to the Minister.

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    (8)   Where entry to the premises has been made under a warrant under this section and the authorised officer making the entry has seized any article, document or information, he or she shall prepare a list, a copy of which may be provided on request, to a person showing himself or herself to—

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      (a)     be the occupier of the premises; or

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      (b)     have had possession or custody of the article, document or information immediately before the seizure or removal.

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    (9)   Where an article, document or information is seized under the authority of a warrant and it is shown that access to the article, document or information is required for the continued conduct of the business or affairs of an international business company, the authorised officer shall afford reasonable access to that international business company.

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    (10)   A person shall not wilfully obstruct an authorised officer executing a warrant or a police officer under this section.

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    (11)   A person who contravenes subsection (10) commits an offence and is liable on summary conviction to a fine not exceeding $50 000 or to imprisonment for a term not exceeding 6 years or to both.

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    (Inserted by Act 2 of 2022)

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