Revised Laws of Saint Lucia (2022)

32.   Seizure

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    (1)   Where a Government authority, whether it is legally constituted or not, in any jurisdiction outside Saint Lucia—

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      (a)     by or in connection with a nationalisation, confiscation, coercion, duress, or similar action; or

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      (b)     by or in connection with the imposition of any confiscatory tax, assessment or other governmental charge,

takes or seizes any shares or other interest in an international business company, the international business company itself or a person holding shares, or any other interest in the international business company, including an interest as a creditor, may apply to the Court for an order that the international business company disregard the taking or seizure and continue to treat the person who would have held shares or any other interest in the international business company, but for the taking or seizure of the share or other interest, as continuing to hold the shares or other interest.

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    (2)   Without affecting subsection (1), where a person whose shares or other interests have been taken or seized as referred to in subsection (1) is other than a natural person, the person making the application under subsection (1), or the international business company itself, may apply to the court for an additional order for the international business company to treat the persons believed by the international business company to have held the direct or indirect beneficial interests in the shares or other interests in the company as the holder of those shares or other interests.

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    (3)   The Court may, upon application made to it under subsection (1) or (2)—

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      (a)     grant such relief as it considers equitable and proper; and

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      (b)     order that any shares of or other interests in the international business company vest in such trustees as the Court may appoint upon such trusts and for such purposes as the Court determines.