Revised Laws of Saint Lucia (2021)

268.   Conflict of interest

  1.  

    (1)   A person shall not be appointed as trustee if there is a material conflict of interest between his or her role as trustee and his or her role in any other capacity.

  1.  

    (2)   There is a material conflict of interest for the purpose of subsection (1) where a person is an officer or employee, or a shareholder of the company issuing the debentures.

  1.  

    (3)   Within 90 days after a trustee becomes aware that a material conflict of interest exists in his or her case, the trustee shall—

    1.  

      (a)     eliminate the conflict of interest; or

    1.  

      (b)     resign from office.

  1.  

    (4)   A trust deed, any debentures issued thereunder and a security interest effected thereby are valid despite a material conflict of interest of the trustee.

  1.  

    (5)   If the trustee is appointed contrary to subsection (1) or continues as a trustee contrary to subsection (3), any interested person may apply to the court for an order that the trustee be replaced; and the court may make an order on such terms as it thinks fit.