Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   In this Act—

“alien” means—

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   (a)     a person who is not a citizen of Saint Lucia or a national of a member State;

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   (b)     a company incorporated in Saint Lucia or in a Member State if it is an alien company as provided in section 8;

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   (c)     a corporation incorporated in a foreign country;

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   (d)     a firm, partnership, or unincorporated body of persons of which more than 50% of its membership consists of persons to whom paragraph (a) applies;

“debenture” includes—

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   (a)     mortgage or charge by a company, whether floating or otherwise on any, of the company's property, its undertaking, or its uncalled capital;

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   (b)     an obligation by the company (not being a bill of exchange or promissory note) for the payment of a debt or the repayment of money lent or to be lent; and

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   (c)     debenture stock;

“Development Control Authority” means the Development Control Authority established under section 3 of the Land Development (Interim Control) Act, or any successor in title of the Development Control Authority;

“land” includes immovable property in Saint Lucia, and an interest in land in Saint Lucia;

“member of a company” means a person entitled under the by-laws or resolution of the company to participate in its assets or in its divisible profits, but a servant or agent of the company shall not be a member by reason only that the amount of that servant or agents emoluments depends on the amount of the company's profits;

“member State” has the same meaning assigned to it under the Treaty establishing the Organisation of Eastern Caribbean States (OECS) signed at Basseterre on 18 June 1981 or under the Treaty establishing the Caribbean Community (CARICOM) signed at Chaguaramas and which came into force on 1 August 1973;

“Minister” means the Minister responsible for finance unless otherwise provided in this Act;

“mortgage” includes an instrument creating a hypothec, privilege or other charge on land;

“national of a member State” means a person who—

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   (a)     is a citizen of a member State;

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   (b)     has a connection with a member State of a kind which entitles the person to be regarded as belonging to or, if it be so expressed, as being a native or resident of the member State for the purposes of the laws of the member State relating to immigration; or

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   (c)     is a company or other legal entity constituted in a member State in conformity with the laws of the member State and which the member State regards

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        as belonging to it: if the company or other legal entity has been formed for gainful purposes and has its registered office and central administration and carries on substantial activity within the member State and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); and for the purposes of this definition a company or other legal entity is:

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      (i)     substantially owned if more than 50% of the equity interest of the company is beneficially owned by nationals mentioned in paragraphs (a) or (b), and

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      (ii)     effectively controlled if the nationals mentioned in this definition have the power to name a majority of its directors or are otherwise legally entitled to direct its actions;

“prescribed” means prescribed by regulation;

“repealed Act” means the Aliens (Licensing) Act 1999;

“share” includes stock, and, in the case of a company not having a share capital, the interest of a member in the assets of the company;

“unlicensed alien” mens an alien who does not hold a licence granted under this Act.

(Amended by Act 21 of 2006)

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