DEFINITIONS & TERMS
The Aliens Licensing Act regulates the holding of land, shares or debentures by “aliens,” or companies under alien control, and other related matters. It is under the authority of this act that the Aliens Landholding Licence is given.
- In this act, “alien” means:
- A person who is not a citizen of Saint Lucia;
- A company incorporated in Saint Lucia or in a Member State if it is under alien;
- A corporation incorporated in a foreign country;
- A firm, partnership, or unincorporated body of persons of which more than fifty percent of its membership consists of persons to whom paragraph (a) applies.
- Also in this act “debenture” includes:
- Mortgage or charge by a company, whether floating or otherwise on any, of the company’s property, its undertaking; or its uncalled capital;
- An obligation by the company (not being a bill of exchange or promissory note) for the payment of a debt or the repayment of money lent or to be, lent; and
- Debenture stock;
- Furthermore, “Development Control Authority” means the Development Control Authority established under section 3 of the Land Development (Interim Control) Act 1971, or any successor in title of the Development Control Authority;
- The term “land” includes immovable property in Saint Lucia, and an interest in land in Saint Lucia;
- The term “member of a company” means a person entitled under the by‑laws or resolution of the company to participate in its assets or in its divisible profits, but a servant or agent of the company shall not be a member by reason only that the amount of that servant or agents
- Emoluments depend on the amount of the company’s profits;
- “Member State” has the meaning assigned to it by Article 2 of the Treaty signed on 18th June 1981 at Basseterre establishing the Organization of Eastern Caribbean States (OECS);
- “Minister” means the Minister responsible for Finance unless otherwise provided in this Act;
- “Mortgage” includes an instrument creating a hypothec, privilege or other charge on land;
- “Repealed Act” means the Aliens (Landholding Regulations) Act 1973;
- “Share” includes stock, and, in the case of a company not having a share capital, the interest of a member in the assets of the company;
- “Unlicensed alien” means an alien who does not hold a license granted under this Act.
EXEMPTIONS TO LICENSING REQUIREMENT
Notwithstanding this Act
- An alien may hold two acres or less of land on a lease for up to two years for the purposes of the alien’s residence, trade or business in Saint Lucia;
- An alien may acquire land under a will or as an executor under a will or on an intestacy and the land shall not be forfeited if within two years from the date of the death of the person or within an ended period of time as the Minister may grant, the land is sold or the alien applies for and obtains a license to hold the land;
- An alien may acquire land in pursuance of his rights under a mortgage or debenture, and the land shall not be forfeited if within one year from the acquisition or entry into possession of the land or within an extended period of time as the Minister may grant, the land is sold or the alien applies for and obtains a license to hold the land.
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