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352.   Accounting

Revised Laws of Saint Lucia (2021)

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352.   Accounting

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    (1)   Every trade union or employers' organization registered under this Division shall keep a register of its members in such form as the Registrar may require and it shall be the duty of every Treasurer and Secretary of every such trade union or employers' organization to keep the register in such form.

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    (2)   Subject to subsection (3)—

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      (a)     every trade union or employers' organization registered under this Division shall cause the Treasurer or other officer to keep proper accounting records with respect to its assets and liabilities and cause the Treasurer or other officer to establish and maintain a satisfactory system of control of its accounting records, its cash holdings, receipts, remittances, bonds, securities or other assets at such times as are provided by the rules of the trade union or employers' organization for the rendering of accounts; or

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      (b)     upon being required so to do, every treasurer or other officer shall account to the trustees of the trade union or employers' organization, or to the members of the trade union, or employers' organization, at a meeting of the trade union or employers' organization for all receipts, remittances and other monies and all bonds, securities or other assets in his or her custody since he or she last rendered such accounts.

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    (3)   Every trade union or employers' organization registered under this Division, shall take steps to ensure that the accounting records referred to in subsection (2), are kept in such a manner as is necessary to give a true and fair view of the financial affairs of the trade union or employers' organization and to explain its transactions.

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    (4)   Subject to the provisions of subsection (9), the trustees shall ensure that the accounts are audited promptly by a fit and proper person or persons appointed by the trade union or employers' organization and approved by the Registrar for that purpose.

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    (5)   The Treasurer or other officer, on the request of the trustees in consequence of the audit referred to in subsection (4), shall hand over to the trustees any balance which on the audit appears to be due from him or her and shall also, if requested, hand over to the trustees all bonds, securities and other assets and all books, papers and documents in his or her custody.

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    (6)   If the Treasurer or other officer fails to comply with the provisions of subsection (5), the trustees may sue the Treasurer or other officer in any competent court for—

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      (a)     any balance appearing to be due from the Treasurer or other officer upon the account audited in accordance with subsection (4);

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      (b)     all monies since received by the Treasurer or other officer on account of the trade union or employers' organization; or

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      (c)     all bonds, securities, other assets, and all books, papers and documents in the hands or custody of the Treasurer or other officer.

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    (7)   The Treasurer or other officer may set off in any suit arising under paragraphs (6)(a) and (b) such sums, if any, which the Treasurer or other officer has since paid on account of the trade union or employer's organization and in any action arising under this subsection, the trustees shall be entitled to recover their full costs to be taxed as between attorney-at-law and client.

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    (8)   The Registrar may, upon presentation of the audited annual return or financial statement of any trade union or employers' organization, or upon complaint by a member of a trade union or employers' organization, if it appears to him or her that there may be infringements concerning the accounts or financial affairs of a trade union or employers' organization, make an order in writing directing that the books, accounts, vouchers, documents, funds, bonds, securities and other assets of that trade union or employers' organization be inspected or audited.

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    (9)   Where the Registrar makes an order under subsection (7), he or she shall give notice of such order to the Minister who may appoint some fit and proper person or persons for the purpose of conducting the inspection or audit.

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    (10)   In order to assist the person or persons appointed to conduct an inspection or audit under subsection (8), a Treasurer, Secretary or other officer of a registered trade union or employers' organization has a duty to—

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      (a)     make available to the person or persons so appointed all books, accounts, vouchers, documents, funds, bonds, securities and other assets;

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      (b)     answer any inquiries from the appointed person which that person deems necessary for the inspection or audit; and

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      (c)     give such information and explanation as is reasonable for the conduct of the inspection or audit.

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    (11)   A person shall not perform any inspection or audit under this section in connection with a trade union or employers' organization if he or she is an officer, partner or employee of the trade union or an employers' organization.

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    (12)   The Trustees shall pay to the person or persons appointed for the purpose of conducting an inspection or an audit under this section, such fees as shall be prescribed.

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