Revised Laws of Saint Lucia (2021)

357.   Incapacity of company

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    (1)   An external company that is not registered under this Act may not maintain any action, suit or other proceeding in any court in Saint Lucia in respect of any contract made in whole or in part within Saint Lucia in the course of, or in connection with, the carrying on of any business by the company in Saint Lucia.

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    (2)   Despite subsection (1), when an external company described in that subsection becomes registered under this Act or had its registration restored, as the case may be, the company may then maintain an action, suit or other proceeding in respect of the contract described in subsection (1) as though the company had never been disabled under that subsection, whether or not the contract was made or proceeding instituted by the company before the date the company was registered or had its registration restored.

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    (3)   In the case of an external company whose registration has been restored, subsection (2) is subject to the terms of any conditions imposed upon the company, or to the terms of any order of the court in respect of the restoration of the company's registration.

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    (4)   Where an assignment of a debt or any chose in action is made by an external company described in subsection (1) to an individual or to a body corporate having the capacity to maintain any action, suit or other proceeding in a court in Saint Lucia—

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      (a)     that individual or body corporate; or

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      (b)     any person claiming under the individual or body corporate,

shall not maintain, in any court in Saint Lucia any action, suit or other proceeding that is based on the subject of the assignment unless the external company is registered under this Act during the time the action, suit or other proceeding is being proceeded with.

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    (5)   Subsection (4) does not apply in respect of an external company that is a judgment creditor applying to have a judgment registered in the High Court under the Enforcement of Foreign Judgments Act.