Revised Laws of Saint Lucia (2022)

105.   Appointment and duties of inspector

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    (1)   The Minister, on the application of an international partnership or of the international partners together holding not less than a one fourth interest therein, may appoint one or more inspectors to investigate the affairs of an international partnership and to report thereon in such manner as the Minister may direct.

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    (2)   The application referred to in subsection (1) shall be supported by such evidence as the Minister may require for the purpose of showing that the applicant has good reason for requiring the investigation, and the expenses of and incidental to such investigation shall be defrayed by the international partnership unless the Minister otherwise directs.

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    (3)   An international partner or a registered agent of an international partnership shall produce to an inspector such books or documents as the inspector may require for the purposes of his or her investigation.

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    (4)   An international partner or a registered agent of an international partnership shall not in the course of an investigation of the affairs of the international partnership —

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      (a)     refuse to produce any book or document required by the inspector to be produced; or

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      (b)     refuse to answer any question relating to the affairs of the international partnership.

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    (5)   An international partner or a registered agent who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding $5000.

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    (6)   An inspector may take evidence upon oath in investigating the affairs of an international partnership and for that purpose may administer an oath.

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    (7)   An investigation pursuant to this section shall be held in private unless the international partnership requests that it be held in public.

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    (8)   An inspector investigating the affairs of an international partnership may from time to time report to the Minister and shall on completion of the investigation submit a written report to the Minister.

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    (9)   The Minister may if he or she thinks fit do any one or all of the following —

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      (a)     forward a copy of the report to the registered office of the international partnership;

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      (b)     furnish a copy or request and upon payment of the prescribed fee to —

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        (i)     any partner of the international limited partnership;

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        (ii)     any person whose conduct is referred to in the report;

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        (iii)     any other person whose financial interests appear to the Minister to be affected by the matters dealt with in the report;

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      (c)     cause the report to be printed and published.

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    (10)   If the Minister after examining a report considers that an international partnership, an international partner, the registered agent or an officer, agent or employee of the international partnership —

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      (a)     has knowingly and willfully done anything in contravention of this Act, the Minister may petition the Court for the dissolution of the international partnership; or

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      (b)     is carrying on its affairs in a manner that is detrimental to its creditors or the public interest,

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    the Minister may require the international partnership to take such measures as the Minister considers necessary in relation to its affairs.

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    (11)   A copy of the petition referred to in subsection (10) shall be served on the international partnership at least 7 clear days before the day set by the Court for the hearing thereof.

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    (12)   If the Court, on the hearing of the petition referred to in subsection (10) is satisfied that the international partnership, or an officer, agent or employee of the international partnership has done anything in contravention of the provisions of this Act, the Court may —

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      (a)     make an order for the dissolution of the international partnership;

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      (b)     impose a fine not exceeding $5000 on the international partnership;

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      (c)     impose a like fine on any partner or registered agent or any officer, agent or employee of the international partnership who knowingly and willfully authorized or submitted the contravention; or

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      (d)     make an order pursuant to paragraph (a)     and impose a fine pursuant to paragraph (b)     and (c).