Detail

Back to Revised Laws of Saint Lucia (2022)

Schedule

(Section 4)
Description of Firm, etc.	The additional particulars.
Where the firm, individual, or corporation required to be registered carries on business as nominee or trustee.	The present christian name and surname, any former name, nationality, and usual residence, or, as the case may be, the corporate name, of every person or corporation on whose behalf the business is carried on. However, if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, a description of the class is sufficient.
Where the firm, individual or corporation required to be registered carries on business as general agent for any foreign firm.	The business name and address of the firm or person as agent for whom the business is carried on. However, if the business is carried on as agent for 3 or more foreign firms it is sufficient to state the fact that the business is carried on, specifying the countries in which such foreign firms carry on business.

CHAPTER 13.03
REGISTRATION OF BUSINESS NAMES ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.	Registration of Business Names Rules – Section 19
2.	Registration of Business Names (Fees) Rules – Section 19

Registration of Business Names Rules – Section 19

(Statutory Instruments 24/1959 and 131/2000)

Statutory Instrument 24/1959 .. in force 25 July 1959

Amended by S.I. 131/2000 .. in force 1 August 2000

REGISTRATION OF BUSINESS NAMES RULES – SECTION 19

Commencement [25 July1959]

Citation

1. These Rules may be cited as the Registration of Business Names Rules.

Definition

2. In these Rules the expression “the Act” means the Registration of Business Names Act.

3. Whenever any act is by the Act required to be done by the Registrar, such act shall be done by the Registrar of the High Court.

Procedure under Section 16

4. Where the Registrar, under section 16(1) of the Act, decides to refuse to register any business name, or, as the case may be, to remove any business name from the register, he or she shall send by post to the firm or individual applying for registration or, as the case may be, registered in respect of such business name, a notice in writing of such decision, and such notice shall contain a statement that any person aggrieved by such decision may appeal to the Governor General within 21 days of such notice.

5. If within 21 days from the date of the notice of a decision of the Registrar under section 16(1) of the Act to remove a business name from the register, no notice of appeal from such decision is received by the Registrar, or if on appeal such decision of the Registrar is upheld, the Registrar shall remove such business name from the register in accordance with his or her decision.

Appeals to the Governor General

6. Any person intending to appeal to the Governor General from any decision of the Registrar under section 16(1) of the Act shall, within 21 days of the date of the notice of such decision, deliver to the Registrar a notice of appeal in Form 10.

Such notice shall be accompanied by a statement of the grounds of appeal and of the appellant's case in support.

7. A copy of the notice of appeal, together with a copy of the statement of the grounds of appeal and of the case in support thereof, and a copy of the notice of the Registrar's decision shall at the same time be delivered by the appellant to the Governor General.

8. The decision of the Governor General shall be communicated to the appellant in writing.

9. The time prescribed in these Rules for doing any act thereunder by or to the Registrar, or by or to the Governor General may be enlarged by the Governor General upon such terms as he or she may direct, and such enlargement may be granted though the time has expired for doing such act.

Fees

10. The fees to be paid to the Registrar under the Act shall be as follows—

(a)	certificate of registration	$100
(b)	filing of application for registration	$25
(c)	filing of statement of any change	$50
(d)	filing of a notice of cessation	$60
(e)	on appeal	$30
(f)	certification of any document not being a certificate of registration	$10
(g)	certified copy of certificate of registration	$20
(h)	uncertified copy of any document	$.75 per page
(i)	search	$5
(j)	for filing of any document for which a fee is not provided in this schedule	$25

(Amended by S.I. 131/2000)

Forms

11. The forms in the appendix, with such variations as the circumstances of each case require, shall be the forms to be used under the Act.

APPENDIX

FORM I
The Statement must be delivered to the Registrar.
No. of Certificate
REGISTRATION OF BUSINESS NAMES ACT
Application for Registration by an Individual
(See Section 3 (b) and (c).)
I, the undersigned, hereby apply for registration under the Registration of Business Names Act and for that purpose furnish the following statement of particulars—
(1)	The business name
(2)	The general nature of the business
(3)	The principal place of the business
(4)	The present Christian name (or names) and surname of the individual
(5)	Any former Christian name (or names) or surname of the individual
(6)	The nationality of the individual
(7)	The usual residence of the individual
(8)	The other business occupation (if any) of the individual
(9)	The date of the commencement of the business, if the business was commenced after the date of the commencement of the Act
(10)	Any other business name or names under which the business is carried on
Dated this .................. day of ............................. 20.......
(Signature)
Note—Failure without reasonable excuse to furnish the required Statement of Particulars within the time specified will, in addition to any disability imposed by the Act entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment, for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.
Where the individual applying for registration carries on the business wholly or mainly as nominee or trustee of or for another person or other persons or a corporation, or acts as general agent for any foreign firm, the additional particulars specified in Form 4 must also be furnished on such Form and delivered to the Registrar in the manner and within the times before specified.

Form 2.
The Statement must be delivered to the Registrar.
No. of Certificate
REGISTRATION OF BUSINESS NAMES ACT
Application for Registration by a Firm
(See Section 3 (a) and (c).)
(Insert name of firm)........................................................ hereby apply for registration under the provisions of the Registration of Business Names Act and for that purpose furnish the following statement of Particulars—
(1)	The business name
(2)	The general nature of the business
(3)	The principal place of the business
(4)	The date of the commencement of the business if the business was commenced after the date of the commencement of the Act
(5)	Any other business name or names under which the business is carried on
(6)	The present Christian name or names and surname of every individual who is—and the corporate name of every corporation which is—a partner in the firm
(7)	Any former Christian name or names or surname of every individual partner in the firm
(8)	The nationality of every individual partner in the firm
(9)	The usual residence of every individual who is—and the registered or principal office of every corporation which is—a partner in the firm
(10)	The other business occupation (if any) of every individual partner in the firm
Dated the .................... day of ............................. 20.......
Signatures.
(For instructions as to signatures, see Note A.)
Note A.—This Statement must in all cases be signed either—
(a) by all the individuals who are partners and by a director or the secretary of each corporation which is a partner; or
(b) (1) by some individual who is a partner; or
(2) by a director or the secretary of some corporation which is a partner; and in either of the cases (b) (1) and (2) must be verified by a statutory declaration made by the signatory.
Failure without reasonable excuse to furnish the required Statement of Particulars within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment, for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.
Where the individual applying for registration carries on the business wholly or mainly as nominee or trustee of or for another person or other persons of a corporation, or acts as general agent for any foreign firm, the additional particulars specified in Form 4 must also be furnished on such Form and delivered to the Registrar in the manner and within the times before specified.

FORM 3
The statement must be delivered to the Registrar.
Number of Certificate
REGISTRATION OF BUSINESS NAMES ACT
Application for Registration by a Corporation
having a place of business in Saint Lucia and carrying on the business wholly or mainly as nominee or trustee of or for another person or other persons or another corporation or acting as general agent for any foreign firm.
(Insert name of corporation)
hereby apply for registration under the provisions of the Registration of Business Names Act and for that purpose furnish the following statement of particulars—
(1)	The business name
(2)	The general nature of the business
(3)	The principal place of the business
(4)	The date of the commencement of the business if the business was commenced after the date of the commencement of the Act
(5)	The other name or names (if any) under which the business is carried on
(6)	The corporate name of the corporation applying for registration
(7)	The registered or principal office of the corporation applying for registration
The following Statement of Additional Particulars (8), (9), (10), (11) and (12), is to be furnished in respect of the carrying on by such Corporation of the business wholly or mainly as nominee or trustee of or for another person or other persons or another Corporation, however, if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, then the particulars required under (12) only need be furnished.
(8)	The present Christian name or names and surname or the corporate name of every person or corporation on whose behalf the business is carried on
(9)	Any former name or names of any person on whose behalf the business is carried on
(10)	The nationality of every person on whose behalf the business is carried on
(11)	The usual residence of every person on whose behalf the business is carried on
(12)	Description of the class of beneficiaries
The further following Statement of Additional Particulars is to be furnished in respect of any corporation having a place of business within Saint Lucia and acting as general agent for any ^*foreign firm.
(13)	The business name and address of the foreign firm as agent for whom the business is carried on
If the business is carried on as Agent for 3 or more foreign firms it is sufficient to state the fact that the business is so carried on, specifying the countries in which such foreign firms carry on business.
Dated the .................... day of .......................... 20.......
Signature.
(For instructions as to signing, see Note A.)
^*“Foreign firm” means any firm, individual or corporation whose principal place of business is situate outside the Commonwealth countries.
Note A.—This statement must in all cases be signed by a director or the secretary of the corporation applying for registration.
Failure without reasonable excuse to furnish the required Statement of Particulars within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues, and where a Corporation commits an offence under this Act, every director, secretary and officer of the corporation who is knowingly a party to the default will commit a like offence and are liable to a like penalty. Any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment for a term of 3 months or to a fine not exceeding $96, or to both such imprisonment and fine.

FORM 4
The Business Name
No. of Certificate
REGISTRATION OF BUSINESS NAMES ACT
Statement or Additional Particulars to be Furnished by an Individual Under Section 4 of the Act
1. Where any individual having a place of business in Saint Lucia carries on the business wholly or mainly as nominee or trustee of or for another person or other persons or a corporation, the particulars required under (1), (2), (3) and (4) must be furnished, however if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, then the particulars required under (5) only need be furnished.
(1)	The present Christian name or names and surname or the corporate name of every person or corporation on whose behalf the business is carried on
(2)	Any former name or names of any person on whose behalf the business is carried on
(3)	The nationality of every person on whose behalf the business is carried on
(4)	The usual residence of every person on whose behalf the business is carried on
(5)	Description of class of beneficiaries
2. Where any individual having a place of business within Saint Lucia acts as general agent for any ^*foreign firm the following particulars must be furnished.
The business name and address of the foreign firm as agent for whom the business is carried on
^*“Foreign firm” means any firm, individual or corporation whose principal place of business is situate outside the Commonwealth countries.
If the business is carried on as Agent for 3 or more foreign firms it is sufficient to state the fact that the business is so carried on, specifying the countries in which such foreign firms carry on business.
Dated the ...................... day of .............................. 20.......
Signature.
(For instructions as to signing, see Note A.)
Note A.—This Statement must in all cases be signed by the individual applying for registration.
Failure without reasonable excuse to furnish the required Statement of Particulars within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment, for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.

FORM 5
The Business Name
No. of Certificate
REGISTRATION OF BUSINESS NAMES ACT
Statement of Additional Particulars to be Furnished by a Firm under section 4 of the Act
1. Where any firm having a place of business in Saint Lucia carries on the business wholly or mainly as nominee or trustee of or for another person or other persons or a Corporation, the particulars required under (1), (2), (3) and (4) must be furnished, however if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, then the particulars required under (5) only need be furnished.
(1)	The present Christian name or names and surname or the corporate name of every person or corporation on whose behalf the business is carried on
(2)	Any former name or names of any person on whose behalf the business is carried on
(3)	The nationality of every person on whose behalf the business is carried on
(4)	The usual residence of every person on whose behalf the business is carried on
(5)	Description of class of beneficiaries
2. Where any firm having a place or business in Saint Lucia acts as General Agent for any foreign firm ^*the following particulars must be furnished.
The business name and address of the foreign firm as agent for whom the business is carried on
If the business is carried on as Agent for 3 or more foreign firms it is sufficient to state the fact that the business is so carried on, specifying the countries in which such foreign firms carry on business.
Dated the ................ day of ............................... 20.......
Signatures.
(For instructions as to signing, etc., see Note A.)
^*“Foreign firm” means any firm, individual or corporation whose principal place of business is situate outside the Commonwealth countries.
Note A.—This Statement must in all cases be signed either—
(a) by all the individuals who are partners and by a director or the secretary of every corporation which is a partner; or
(b) (1) by some individual who is a partner, or
(2) by a director or the secretary of some corporation which is a partner; and in either of the cases (b) (1) and (2) must be verified by a statutory declaration made by the signatory.
Failure without reasonable excuse to furnish the required Statement of Particulars within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment, for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.

FORM 6.

No. of Certificate

REGISTRATION OF BUSINESS NAMES ACT

Statement Under Section 8 of the Above Act of Nature of Change in the Particulars Registered by an Individual and Date of Change

The following is a statement of a change (and of the date of such change) which has been made or has occurred in the particulars registered in respect of

(Here insert business name of individual)

(Here insert nature and date of change)

Dated the ................. day of .............................. 20.......

Signature.

(For instructions as to signing, see Note A.)

Note A.—This Statement must be signed by the individual and when signed must be delivered to the Registrar within 28 days after any change in any of the particulars registered or within such longer period as the Governor General may on application being made in any particular case, whether before or after the expiration of such 28 days, allow.

Failure without reasonable excuse to furnish the required statement of any change in the particulars registered within the specified time will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.

FORM 7

No. of Certificate

REGISTRATION OF BUSINESS NAMES ACT

Statement Under Section 8 of the Above Act of Nature of Change in the Particulars Registered by a Firm and Date of Change

The following is a statement of a change (and of the date of such change) which has been made or has occurred in the particulars registered in respect of

(Here insert business name of firm)

(Here insert nature and date of change)

Dated the .................... day of ............................. 20.......

Signature.

(For instructions as to signing, etc., see Note A.)

Note A.—This Statement must be signed either

(a) by all the individuals who are partners, and by a director or the secretary of any corporation which is a partner; or

(b) (1) by some individual who is a partner, or

(2) by a director or the secretary of some corporation which is a partner; and in either of the cases (b) (1) and (2) must be verified by a statutory declaration made by the signatory.

This Statement, when signed must be delivered to the Registrar within 28 days after any change in any of the particulars registered or within such longer period as the Governor General may, on application being made in any particular case, whether before or after the expiration of such 28 days, allow.

Failure without reasonable excuse to furnish the required statement of any change of the particulars registered within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment, for a term of 3 months, or to a fine not exceeding $96 or to both such imprisonment and fine.

FORM 8

No. of Certificate

REGISTRATION OF BUSINESS NAMES ACT

Statement Under Section 8 of the Above Act of Nature of Change in the Particulars Registered by a Corporation and Date of Change

The following is a statement of a change (and of the date of such change) which has been made or has occurred in the particulars registered in respect of

(Here insert name of Corporation.)

(Here insert nature and date of change.)

Dated the ................ day of .............................. 20.......

Signature.

(For instructions as to signing, etc., see Note A.)

Note A.—This Statement must be signed by a Director or Secretary of the Corporation and, when signed, must be delivered to the Registrar within 28 days after any change in any of the particulars registered, or within such longer period as the Governor General may on application being made in any particular case, whether before or after the expiration of such 28 days, allow.

Failure without reasonable excuse to furnish the required statement of any change in particulars within the time specified will, in addition to any disability imposed by the Act, entail liability on conviction to a fine of $5 for every day during which the default continues, and every director, secretary or officer of the corporation who is knowingly party to the default will be liable to a like penalty. Any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on conviction to imprisonment for a term of three months or to a fine not exceeding $96, or to both such imprisonment and fine.

FORM 9.

No. of Certificate

REGISTRATION OF BUSINESS NAMES ACT

Notice Under Section 15 of the Act of Cessation of Business by a Registered Firm or Individual

Notice is hereby given that (Here insert name and address of firm or individual as the case may be) of ......................................................, ceased to carry on business on the ...................... day of .........................., 20.......

Dated the ................ day of .......................... 20.......

Signature or Signatures.

To the Registrar.

Note—This notice must in the case of a firm be signed by the persons who were partners of the firm at the time when it ceased to carry on business or, in the case of an individual, by the individual, except in the case of the death of an individual, when it must be signed by the personal representative of the deceased, and must in either case be delivered to the Registrar within 3 calendar months after the business has ceased to be carried on.

Failure to give the required notice within the time specified above entails liability on conviction to a fine not exceeding $96.

FORM 10

REGISTRATION OF BUSINESS NAMES ACT

Form of Appeal From the Decision of the Registrar under Section 16(1)

I (We (Insert full name and address of appellant) of ...................... hereby give notice of appeal to the Governor General from the decision of the Registrar dated the .................. day of ....................................., 20......, whereby he or she decided (Insert the decision complained of.)

Accompanying this notice is a statement of the grounds of appeal and of my (our) case for the decision of the Governor General.

Dated the ................ day of ............................. 20.......

(Signed)

To the Registrar,

Castries.

This notice must be delivered within 21 days of the date of the notice of the Registrar's decision, to the Registrar, together with a statement of the grounds of appeal and of the appellant's case in support thereof.

A copy of this notice of appeal, together with copies of the statement of the grounds of appeal and the case in support thereof, and a copy of the Registrar's decision must at the same time be sent by the appellant to the Governor General.

FORM 11

REGISTRATION OF BUSINESS NAMES ACT

Form of Statutory Declaration Verifying a Statement Furnished under the Act

I .................................................., of ....................................... do hereby solemnly and sincerely declare that all the particulars contained in the statement dated the ............................. day of ...................., 20......, and signed by me which is now produced and shown to me marked .................................. are true.

I make this Declaration conscientiously believing the same to be true and according to the Statutory Declarations Act, and I am aware that if there is any statement in this declaration which is false in fact, which I know or believe to be false or do not believe to be true, I am liable to a fine and imprisonment.

FORM 12

No. of Certificate

REGISTRATION OF BUSINESS NAMES ACT

Certificate of Registration

I hereby certify that a Statement .................................................... furnished by ............................, of ......................, under section ................... of the above-mentioned Act was registered on the ................................................. day of .................................., 20......

Dated this ..................... day of .......................... 20.......

Registrar.