Revised Laws of Saint Lucia (2021)

138.   Remedy in cases of unfair prejudice by listed companies

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    (1)   If it appears to the Commission from any information, record or other document obtained under this Part, that the affairs of a listed company are being or have been conducted in a manner unfairly prejudicial to the interests of its members generally or of some part of the members, the Commission may make an application to the High Court for an order under this section.

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    (2)   If on an application under this section the High Court is of the opinion that the company's affairs are being or have been conducted in a manner unfairly prejudicial to the interests of its members generally or of some part of the members, whether or not the conduct consists of an isolated act or a series of acts, the High Court may, with a view to bringing to an end the matters complained of—

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      (a)     make an order restraining the carrying out of the act or conduct;

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      (b)     order that the company shall bring in its name the proceedings the High Court thinks fit against the persons, on the terms, the High Court orders;

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      (c)     appoint a receiver or manager of the whole or a part of the company's property or business and may specify the powers and duties of the receiver or manager and fix his or her remuneration;

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      (d)     make any other order it thinks fit, whether for regulating the conduct of the company's affairs in future, or for the purchase of the shares of any members of the company by other members of the company or by the company and, in the case of a purchase by the company, for the reduction accordingly of the company's capital, or otherwise.

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    (3)   Where an order under this section makes an alteration in or an addition to the constitution of a company, the company shall not have power without the leave of the High Court to make any further alteration in or addition to the constitution inconsistent with the order.