2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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Repealed by Act 15 of 2018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Repealed by Act 15 of 2018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

23.Protector of a trust

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]