Revised Laws of Saint Lucia (2021)

19.   Powers and duties of Director

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    (1)   In the performance of his or her duty under this Act the Director shall be guided by the policy directives of the Minister.

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    (2)   The Director shall—

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      (a)     maintain a general review of international insurance practice in Saint Lucia;

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      (b)     examine, in such manner as the Director thinks necessary, the affairs or business of any licensee for the purpose of satisfying the Director that this Act is being complied with and that the licensee is in a sound financial position and report to the Minister the results of every such examination;

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      (c)     assist in the investigation of an offence against the law in force in Saint Lucia which the Director has reasonable grounds to believe has or may have been committed by a licensee or by any of its directors or officers in their capacity as such;

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      (d)     examine returns, certificates and audited annual accounts and to report on them to the Minister; and

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      (e)     examine and make recommendations to the Minister with respect to applications for licences.

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    (3)   In the performance of the Director's duties under this Act and to verify compliance with the provisions of this Act by a licensee, subject to section 20, the Director is entitled at all reasonable times—

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      (a)     to have access at the licensee's registered office to such books, records, vouchers, documents, cash, securities and other information of a licensee as may be specified by the Director;

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      (b)     to require the director, officer, auditor or actuary of a licensee to provide information and explanations of the condition and affairs of the licensee;

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      (c)     to request any relevant information, matter or thing from any person whom the Director has reasonable grounds to believe is carrying on international insurance business in Saint Lucia in contravention of section 3(1);

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      (d)     to request any relevant information, return or certificate from a licensee; either from time to time or on a regular basis;

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      (e)     to request from any person information or expert advice relevant to the duties of the Director and to provide to such person such assurances regarding the confidential treatment of the information or any other assurances as the Director may reasonably provide.

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    (4)   Where the Director requires a person to provide information or explanations under subsection (3)(b) and the Director is not satisfied with the information or explanations, the powers of the Minister under section 21 may be invoked.

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    (5)   The Director, with the approval of the Minister, may, in writing, authorise any other person to assist the Director in the performance of the Director's functions under this Act.

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    (6)   If it appears to the Director that there is reasonable grounds for suspecting that an offence against this Act has been or is being committed by any person, the Director may take such action as the Director considers necessary, in the interests of the policyholders or other creditors of that person, to preserve any assets held by that person.