ACT
(Acts 15 of 2002, 21 of 2003, 11 of 2015, 16 of 2016, 15 of 2018 and 4 of 2019)
Act 15 of 2002 .. in force 4 September 2002 (S.I. 112/2002)
Amended by Act 21 of 2003 .. in force 15 September 2003
Amended by Act 11 of 2015 .. in force 10 August 2015
Amended by Act 16 of 2016 .. in force 17 May 2016
Amended by Act 15 of 2018 .. in force 12 December 2018
Amended by Act 4 of 2019 .. in force 11 February 2019
ARRANGEMENT OF SECTIONS
PART 1
SHORT TITLE AND INTERPRETATION
1. | Short title |
2. | Interpretation |
3. | Trusts, trustees and beneficiaries generally |
4. | Application of Act |
PART 2
REGISTRATION OF INTERNATIONAL TRUSTS
5. | Designation of Registrar and Deputy Registrars |
6. | Indemnity of officers |
7. | Registered office |
8. | Repealed by Act 15 of 2018 |
9. | Repealed by Act 15 of 2018 |
10. | Qualifications for trust to be or remain registered |
11. | Language and translation |
12. | Fees payable to Registrar |
13. | Cancellation of registration |
14. | Appeals against cancellation |
PART 3
VALIDITY
15. | Validity of international trust |
16. | Presumption of irrevocability |
17. | Duration of trust and accumulation of income |
18. | Retention of control by settlor |
PART 4
PROTECTIVE INTERNATIONAL TRUSTS
19. | Protective international trusts |
PART 5
CHARITABLE INTERNATIONAL TRUSTS
20. | Charitable international trusts |
PART 6
PURPOSE INTERNATIONAL TRUSTS
21. | Trusts for non-charitable purposes |
22. | Extension of cy-pres |
PART 7
PROTECTOR OF TRUSTS
PART 8
TERMINATION OR FAILURE OF INTERNATIONAL TRUSTS
24. | Failure or lapse of interest |
25. | Failure of charitable international trusts |
26. | Termination of international trust |
PART 9
BREACH OF INTERNATIONAL TRUST
27. | Liability for breach of trust |
28. | Constructive trusts |
29. | Tracing trust property |
30. | Beneficiary may relieve or indemnify trustee |
31. | Power to relieve trustee from personal liability |
PART 10
PROPER LAW AND EFFECT OF FOREIGN LAW
32. | Proper law of trust |
33. | Change of proper law |
34. | Exclusion of heirship, community of property and other rights arising under foreign laws |
PART 11
POWERS OF THE COURT, PROCEEDINGS AND LIMITATIONS
35. | Jurisdiction of the Court |
36. | Court's determination of validity |
37. | Saving of certain rights |
38. | Extent of invalidity for creditors |
39. | Foreign judgments not enforceable |
40. | Application for directions |
41. | Payment of costs |
42. | Limitation on commencement of proceedings |
43. | Security for costs |
PART 12
DISPOSITION TO OR BY AN INTERNATIONAL TRUST
44. | Scope |
45. | Avoidance of fraud |
46. | Limitations |
47. | Application |
48. | Certain rights |
49. | Extent of avoidance of relevant dispositions |
50. | Statute of Elizabeth not applicable |
PART 13
TAX EXEMPTION
51. | Exemptions of international trusts and Saint Lucia trusts from income tax |
PART 14
MISCELLANEOUS
52. | Records |
53. | Confidentiality |
54. | Investments |
55. | Bankruptcy |
56. | Regulations |
57. | Transitional |
AN ACT to provide for the registration and regulation of international trusts in Saint Lucia and for related matters.
Commencement [4 September 2002]