Revised Laws of Saint Lucia (2021)

70.   Cancelling registration

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   (1)   The Registrar may, or, in the case hereinafter mentioned in paragraph (c) shall, by writing under his or her hand, cancel the registration of a society—

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      (a)     if he or she thinks fit, at the request of a society, to be evidenced in such manner as he or she may direct;

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      (b)     with the approval of the Minister, on proof to the satisfaction of the Registrar, that a certificate of registration has been obtained by fraud or mistake, or that a society exists or is used for an illegal or improper purpose, or has wilfully, and after notice from the Registrar, violated any of the provisions of this Act, or has ceased to exist; or

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      (c)     by direction of the Minister, on proof, to the satisfaction of the Minister, that a society exists or is used for an illegal or improper purpose.

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   (2)   The Registrar, in any case in which he or she might, with the approval or by the direction of the Minister, cancel the registration of a society, may or shall, with or by the like approval or direction, by writing under his or her hand, suspend the same, for any term not exceeding 3 months, and may or shall, with or by the like approval or direction, renew such suspension for the like period.

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   (3)   A society shall be deemed to have ceased to exist when—

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      (a)     no regularly convened meeting of the general body of the society or of its committee of management or other governing body has been held at the times and place appointed by the rules for holding the same during a continuous period of 6 months;

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      (b)     no election of officers of the society has been held in the manner prescribed by the rules for 2 consecutive years;

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      (c)     any prescribed return required to be submitted to the Registrar has not been so submitted in respect of the 2 consecutive years;

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      (d)     it has been reported to the Registrar by the prescribed persons referred to in section 27, or by the inspector or the accountant appointed by the Registrar under section 67 or 68, or the Registrar is satisfied from a report submitted to him or her by any such prescribed persons or inspector or accountant, that the society is insolvent or must necessarily become so and in the Registrar's opinion no further business should be transacted; or

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      (e)     the number of the enrolled financial members of the society is less than 20.

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   (4)   Unless the Registrar has given a society not less than one month's previous notice in writing in the prescribed form specifying briefly the grounds of any proposed cancelling or suspension, the registration of the society shall not be cancelled (except at its request) or suspended.

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   (5)   Service of process under subsection (1)(a) and the notice in writing referred to in subsection (4) of this section may be given as follows—

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      (a)     by delivery thereof to any officer of the society personally; or

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      (b)     by leaving the same at or sending it by prepaid registered post addressed to the society or to any officer thereof at the registered office or last known place of business of the society.

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   (6)   When the registration of a society has been cancelled or suspended notice thereof shall be published in the Gazette.

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   (7)   When the registration of a society has been suspended or cancelled, the society shall, from the time of the suspension or cancelling (but if suspended, only while the suspension lasts, and subject also to the right of appeal given by this section), absolutely cease to enjoy as such the privileges of a society but without prejudice to any liability whether criminal or civil incurred by the society; and such criminal liability may be enforced against the society as if the suspension or cancelling had not taken place; and any such civil liability may be enforced—

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      (a)     after the cancelling, in the manner in subsection (9) hereof provided; and

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      (b)     after the suspension, as if the suspension had not taken place.

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   (8)   A society may within 30 days from the date of the Gazette in which the advertisement appears appeal from the cancelling of its registration or from any suspension or renewal of suspension thereof to a judge of the High Court sitting in chambers.

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   (9)   Upon the cancelling of the registration of a society with realisable property—

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      (a)     every officer having receipt or charge of money or other personal property of the society shall deliver the same to the Registrar or his or her nominee who shall realise by sale all such other personal property; such money and proceeds of sale shall be applied by the Registrar in the manner provided by paragraph (d);

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      (b)     the committee of management or other managing body of the society shall deliver to the Registrar full particulars of all claims outstanding against the society, of all securities and of all property of whatever tenure held by the society and the Crown grants or other monuments of title or copies of such monuments of title in the possession of the trustees or other member or members of the said committee of management or of such managing body; the Registrar shall have power to dispose of the said property by sale and in the case of mortgage securities to exercise the power of sale or of seizure which, but for the cancelling of the registration of the society, would otherwise be exercisable by the society or its trustees and to execute in favour of the purchaser a deed of conveyance, memorandum of transfer, assignment or other appropriate instrument for vesting title in such purchaser; the purchase money shall be deposited with the Registrar or his or her nominee to be applied by the Registrar in the manner provided by paragraph (d). The Registrar shall also have power to sue in his or her own name in any court of competent jurisdiction for the recovery of any sums due to the society;

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      (c)     the Registrar shall upon realisation of all the available property of the society publish an advertisement in the prescribed form in a local newspaper once in each week for a period of 2 weeks requiring creditors of the society to submit their claims to him or her; such claims shall be in detail and be verified by affidavit to the satisfaction of the Registrar;

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      (d)     upon the expiration of 21 days from the date of the first publication of the advertisement, the Registrar shall apply the moneys in hand in the manner and in the order following—

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         (i)     in payment of the prescribed fees and of all expenses of and incidental to the realization of the property,

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         (ii)     in payment of all local rates and all assessed taxes, land tax, house tax, and all other taxes or sums whatsoever assessed on the society,

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         (iii)     in settlement of the amount due for not more than 6 months' house or land rent,

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         (iv)     in satisfaction of all claims submitted by medical practitioners, dentists, opticians, druggists, and undertakers,

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         (v)     in payment to financial members of sick relief, death benefits or other benefits assured by the society for which claims have been submitted,

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         (vi)     in satisfaction of claims submitted for salaries or other remuneration payable to officers of the society,

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         (vii)     in satisfaction of all other demands not being in the nature of unliquidated damages,

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         (viii)     any balance in the hands of the Registrar may, whether wholly or in part, be applied by him or her in distribution among such of the members of the society as the Registrar shall in his or her discretion determine, and the rest, if any, of such moneys shall be the property of the Crown and shall be deposited into the Treasury in the prescribed manner;

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      (e)     the decision of the Registrar in relation to the marshalling and distribution of the assets of the society shall be binding and conclusive on all parties without appeal.