Revised Laws of Saint Lucia (2021)

18.   Additional provisions as to be deposited certificates

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    (1)   Where a certificate of title to a security is by the last preceding section required to be and is in the custody of an authorised depositary, the provisions of this section shall, except so far as the Director of Finance and Planning otherwise directs, have effect in relation thereto until—

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      (a)     there are delivered to him or her the prescribed declarations as to the ownership of the security and the residence of the owners thereof; and

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      (b)     in the case of a certificate of title which—

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        (i)     would ordinarily be accompanied by coupons (whether attached or on separate coupon sheets), but

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        (ii)     when it comes into the custody of the authorised depositary wants, in order to render it complete, any coupons which would not in the ordinary course have been detached for collection,

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    there have also been desposited with him or her the coupons so wanting at the time when the certificate of title comes into his or her custody.

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    However, where the said declarations have been delivered to an authorised depositary and he or she has parted with the certificate of title, paragraph (a) of this subsection shall not again apply on the certificate coming into custody of another authorised depositary or again coming into his or her own custody.

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    (2)   Except with the permission of the Director of Finance and Planning, the authorised depositary shall not part with or destroy the certificate of title or any coupons belonging thereto, otherwise than as mentioned in section 17(3)(b) and 17(3)(c), or do any act whereby he or she recognises or gives effect to the substitution of one person for another as the person from whom he or she receives instructions in relation thereto.

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    However, where the person from whom an authorised depositary receives instructions in relation to any certificate of title becomes bankrupt in Saint Lucia or dies, this subsection shall not prohibit the authorised depositary from recognising the trustee in bankruptcy or personal representative as the person entitled to give instructions in relation to the certificate of title.

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    (3)   The authorised depositary shall place any captial monies, dividends or interest on the security received by him or her to the credit of the person by virtue of whose authority he or she received them but shall not permit any part of the sums received to be dealt with except with the permission of the Director of Finance and Planning.