Revised Laws of Saint Lucia (2021)

5.   Arrangement originating outside Saint Lucia

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    (1)   If BAICO intends to propose an Arrangement under Arrangement Legislation in its Home Territory or in any Other EC Territory, the Judicial Manager shall, within seven days of receipt of a copy of the draft Directions Order from the Other Officer in the relevant territory, seek a review of the draft Directions Order by filing it with the Court.

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    (2)   The Court shall review the draft Directions Order and may make such additions or deletions to ensure that adequate notice will be provided to BAICO's creditors in Saint Lucia.

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    (3)   If the Court does not make an order under subsection (2) within twenty-eight days of the draft Directions Order being filed, BAICO may proceed to file a draft Directions Order with any EC Court or the Home Court, which may order the Meeting without reference to any subsequent order of the Court.

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    (4)   After a Meeting has taken place at which the Arrangement has been approved, and the court that ordered the Meeting makes a Sanction Order, the Judicial Manager shall submit it to the Court for the purpose of seeking a Recognition Order.

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    (5)   The Court shall review the Sanction Order and, within twenty-eight days from filing, shall give effect to that order in Saint Lucia by making a Recognition Order.

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    (6)   The Arrangement shall become binding on all creditors of BAICO wherever located, and on BAICO, when —

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      (a)     if the Sanction Order was made by the Home Court, the Sanction Order is delivered to the Registrar of Companies in the Home Territory for registration; and

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      (b)     if the Sanction Order was made by an EC Court —

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        (i)     the Sanction Order is delivered to the Registrar of Companies or its equivalent in that EC Territory for registration,

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        (ii)     the Home Court has made a Recognition Order in respect of the Arrangement under the provisions of its Arrangement Legislation, and

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        (iii)     a copy of —

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          (A)     the Sanction Order; and

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          (B)     the Recognition Order made by the Home Court, have been delivered to the Registrar of Companies in the Home Territory for registration.