Revised Laws of Saint Lucia (2021)

365.   Preservation of company

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    (1)   When a body corporate is reincorporated as a company under this Act—

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      (a)     the property of the body corporate continues to be the property of the company;

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      (b)     the company continues to be liable for the obligations of the body corporate;

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      (c)     an existing cause of action, claim or liability to prosecute is unaffected;

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      (d)     a civil, criminal or administrative action or proceeding pending by or against the body corporate may be continued by or against the company; and

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      (e)     a conviction against, or ruling order or judgement in favour of or against, the body corporate may be enforced by or against the company.

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    (2)   When the Registrar determines, on the application of a body corporate, that it is not practicable to change a reference to the nominal or par value of shares of a class or series that the body corporate was authorised to issue before it was reincorporated as a company under this Act, the Registrar may, despite section 28, permit the company to continue to refer in its articles to those shares, whether issued or non-issued as shares having a nominal or par value.

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    (3)   A company shall set out in its articles the maximum number of shares of a class or series referred to in subsection (2); and it may not amend its articles to increase that maximum number of shares or to change the nominal or par value of the shares.

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    (Inserted by Act 10 of 2001)