Revised Laws of Saint Lucia (2021)

96.   Borrowing powers

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    (1)   Unless the articles or bye-laws of, or any unanimous shareholder agreement relating to, the company otherwise provide, the directors of the company may, without authorisation of the shareholders—

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      (a)     borrow money upon the credit of the company;

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      (b)     issue, re-issue, sell or pledge debentures of the company;

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      (c)     subject to section 53, give a guarantee on behalf of the company to secure performance of an obligation of any person; and

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      (d)     mortgage, charge, pledge, or otherwise create to secure any obligation of the company or any other person a security interest in all or any property of the company that is owned or subsequently acquired by the company.

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    (2)   Despite section 82(2) and section 95(a), unless the articles or bye-laws of, or any unanimous shareholder agreement relating to, a company otherwise provide, the directors of the company may by resolution delegate the powers mentioned in subsection (1) to a director, a committee of directors or any officer of the company.

Duty of Directors and Officers