Revised Laws of Saint Lucia (2021)

7.   Determination of fair market value

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    (1)   Where the licence of the Company is revoked any debt holder or shareholder may, after notifying the Cabinet in writing, request an independent and qualified valuer to determine the fair market value of the debt or shares of the Company.

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    (2)   The valuer must prepare and submit a report on the value of the shares or debt and submit copies of the same to the debt holder or shareholder, as the case may be, the Company and the Cabinet.

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    (3)   A report for the purposes of subsection (1) must be in respect of either debt or shares.

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    (4)   The expenses incurred in the determination of the fair market value of the shares or debt of the Company must be met by the Government.

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    (5)   For the purposes of section 6 and this section “fair market value” means the face value of all outstanding debt and the value of the shares of the Company in an open and unrestricted market immediately prior to the date of the revocation of the licence and determined without reference to any minority interests that may exist or any controlling shareholders so as to provide a comprehensive value and with reference to the capitalization of future earnings of the Company on a going concern basis or with reference to the individual net fair values of the Company's assets or liabilities.