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Section I   Corporations illegally formed, or violating or exceeding their powers

Revised Laws of Saint Lucia (2021)

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Section I   Corporations illegally formed, or violating or exceeding their powers

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    813.   In the following cases:

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      1.     whenever any association or number of persons acts as a corporation without being legally incorporated or recognized;

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      2.     whenever any corporation, public body or board, violates any of the provisions of the acts by which it is governed, or becomes liable to a forfeiture of its rights, or does or omits to do acts the doing or omission of which amounts to a surrender of its corporate rights, privileges and franchises, or exercises any power, franchise or privilege which does not belong to it or is not conferred upon it by law;

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    It is the duty of the Crown Attorney to prosecute, in Her Majesty's name, such violations of the law whenever he or she has good reason to believe that such facts can be established by proof, in every case of public general interest; but he or she is not bound to do so in any other case unless sufficient security is given to indemnify the Government against all costs to be incurred upon such proceeding.

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    814.   The summons for that purpose must be preceded by the presenting to the Supreme Court, or the Judge, a special information, containing conclusions adapted to the nature of the contravention, and supported by affidavit to the satisfaction of the Court or Judge; and the writ of summons cannot issue upon such information without the authorisation of the Court or Judge.

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    815.   The writ of summons commands the persons acting illegally as a corporation, or the corporation complained of, to appear on a day fixed by the Court or Judge.

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    It is served, in the first case, upon some one of the persons usurping corporate rights, or at the principal office or place of business of the association, speaking to a reasonable person; and, in the second case, according to the provisions contained in articles 61, 65, and 74.

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    816.   The delay upon summons is 8 days.

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    817.   The defendants are bound to appear on the day fixed, and if they fail to do so the prosecutor proceeds with his or her case by default.

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    818.   If the defendants appear, they must within 4 days, plead specially to the information; and the prosecutor is bound to answer within 3 days.

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    819.   As soon as issue is joined, the case may be inscribed for the trial and hearing, one day's notice having been given.

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    820.   The parties proceed to trial as in ordinary cases.

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    821.   (Repealed by Act 3 of 1957)

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    822.   If the judgment declares the association to have been illegally formed, it may condemn the persons composing it as personally bound to pay the costs; and if it be rendered against a corporation, public body or board, the costs may be levied either upon the property of such corporation or upon the private property of the directors or other officers thereof.

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    823.   Whenever any corporation, public body or board, has forfeited its rights, privileges and franchises, the judgment declares it to be dissolved and to be deprived of its rights. The Administrator General represents the corporation.

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    824.   A curator, if appointed by the Judge, as set forth in article 331 of the Civil Code, is bound to give notice of his or her appointment by an advertisement to be inserted twice at least in the Gazette.

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    825.   The curator is bound to account to the Court or Judge as in other cases.

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