{"kind":"expression","expression":{"expr_id":"1467","doc_id":"1467","label":"Trade and Business Licensing (Amendment) Law, 2018","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2018\/021a\/eng@2018-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2018\/021a\", \"expression\": \"\/akn\/ky\/act\/amending\/2018\/021a\/eng@2018-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2018\/021a\/eng@2018-01-01.pdf\"}, \"pdf\": {\"md5\": \"b79626e319e01f5ac57c4603ae44d85e\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2018\/2018-021A\/2018-021A.pdf\", \"pages\": 7, \"filename\": \"2018-021A.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 1479, \"paragraph_count\": 5, \"text_char_count\": 8817}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section18 of the Trade and Business Licensing Law, 2014 (Law 21 of 2014) - application for grant or renewal of a licence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 19 - restriction on grant or renewal of a licence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 21 - grant of licence and expedited licence The Trade and Business Licensing (Amendment) Law, 2018 Law 2 of 2018 I Assent Anwar Choudhury Governor. 18 April, 2018 A LAW TO AMEND THE TRADE AND BUSINESS LICENSING LAW TO SIMPLIFY THE APPLICATION PROCEDURE; TO EXEMPT CAYMANIANS FROM ASPECTS OF THE APPLICATION PROCEDURE; TO EMPOWER THE BOARD TO ENTER INTO ARRANGEMENTS WITH RELEVANT PUBLIC AUTHORITIES TO FACILITATE THE DIRECT RECEIPT OF INFORMATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. (1) This Law may be cited as the Trade and Business Licensing (Amendment) Law, 2018. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet. 2. The Trade and Business Licensing Law, 2014 (Law 21 of 2014) in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 18 as follows - (a) by repealing subsection (2) and substituting as follows - Short title and commencement Amendment of section18 of the Trade and Business Licensing Law, 2014 (Law 21 of 2014) - application for grant or renewal of a licence The Trade and Business Licensing (Amendment) Law, 2018 \u201c(2) Subject to subsections (2A), (2B) and (2C), an application pursuant to subsection (1) shall be submitted to the Board through the Department in the prescribed form and shall be accompanied by - (a) evidence of status as a Caymanian, if any, of - (i) the applicant, where the applicant is an individual; (ii) any individual who has a legal or beneficial interest in the company, where the applicant is a company; or (iii) each individual who is a partner in the firm, where the applicant is a firm; (b) in the case of an application for the grant of a licence  by an applicant who is not a Caymanian, a reference for the applicant from a financial institution or a  current bill in the applicant\u2019s name for the provision of utility services within the meaning of that term under section 2 of the Utility Regulation and Competition Law, 2016 (Law 49 of 2016); (c) where the applicant will be carrying on business in a public place, evidence of the approval of the relevant authority to carry on business in such a place; (d) if applicable, evidence of compliance with the Law relating to employee pensions or employee health insurance in force in the Islands where application is for renewal; (e) the non-refundable application fee specified in Schedule 1 to be paid to the general revenue of the Islands; (f) the licence fee specified in Schedule 1 or, subject to section 23(2), the renewal fee specified in Schedule 1 to be paid to the general revenue of the Islands or a waiver of the licence fee in writing from the Cabinet; and (g) such other information relating to the application as may be deemed necessary by the Board for the consideration of the application or as may be prescribed. (2A) Where the applicant is a company the following additional particulars shall be provided in the prescribed manner - (a) the number and par value of each class of shares issued by the company; (b) the voting and other rights attached to each class of shares; (c) a statement of the number and par value of each class of shares beneficially owned by Caymanians; (d) a statement of the number and par value of each class of shares held by persons who are not Caymanian; and (e) a statement that the effective control, benefit and effective control of the company is not, either directly or indirectly or by reason of any artifice or device vested in or permitted to The Trade and Business Licensing (Amendment) Law, 2018 pass to persons other than as specifically shown in the return of shareholdings. (2B) Where the applicant is a company that was registered twelve or more months prior to the application for a licence, a copy of the company\u2019s annual return and a return of shareholdings containing the particulars listed in subsection (2A) shall be provided in the prescribed manner. (2C) Subject to subsection (2D), the Board may request a police clearance certificate as part of its due diligence procedures in respect of an application for the grant of a licence for - (a) any applicant where the applicant is an individual; (b) any individual who has a significant interest in, or who is a director of, the applicant where the applicant is a company other than a listed entity; (c) any individual who is a partner in the firm where the applicant is a firm, and the certificate shall be provided in such manner as the Board may determine. (2D) An applicant who is - (a) Caymanian; (b) a permanent resident; or (c) the holder of a Permanent Residency and Employment Rights Certificate, and who has been legally and ordinarily resident in the Islands for five or more years shall be exempt from the requirement under subsection (2C) except where the application is for a licence for a trade or business in a sector where the Board determines that it is mandatory for every applicant to provide a police clearance certificate. (2E) To the extent that the information required under sections 18 or 19 to support an application for the grant or renewal of a licence is held by a relevant public authority or government agency, an applicant may permit the Board to receive that information directly from the public authority or government agency where - (a) the Board has entered into an arrangement, understanding or agreement with the public authority or government agency; and (b) the information is material, adequate, current, relevant or as may otherwise be prescribed by Regulations. The Trade and Business Licensing (Amendment) Law, 2018 (2F) The Board may enter into an arrangement, understanding or agreement with any government department or public authority to facilitate the electronic or other receipt of information under subsection (2E). (2G) Where an applicant does not utilize the option under subsection (2E), the applicant still has an obligation to provide the information to the Board. (2H) The Cabinet may make Regulations exempting certain applicants or categories of applicants from any or all of the provisions under section\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"(2I) For the purposes of this section - (a) \u201cpermanent resident\u201d  has the meaning assigned under section 2 of the Immigration Law (2015 Revision); and (b) the expression \u201cholder of a Permanent Residency and Employment Rights Certificate\u201d has the same meaning as the expression has under section 31 of the Immigration Law (2015 Revision).\u201d. 3. Section 19 of the principal Law is amended as follows - (a) in subsection (1) by deleting the words \u201cshall not be granted or renewed\u201d and substituting the words \u201cshall not be granted\u201d; (b) by inserting at the end of subsection (1)(a)(iii) the word \u201cor\u201d; (c) by repealing subsection (1)(a)(iv); (d) in subsection (1)(c), by deleting the words \u201cor renewal\u201d; and (e) by inserting after subsection (1) the following subsection - \u201c(1A) A licence shall not be renewed by the Board where - (a) it is satisfied that any of the provisions under subsection (1)(a) apply to the applicant for renewal; or (b) the applicant is not compliant with this Law or any other applicable Law  regulating the applicant, including Laws relating to employee pensions, employee health insurance and labour relations in the Islands and the applicant has not taken the necessary steps to resolve the non-compliance.\u201d. 4. Section 21 of the principal Law is amended - (a) in subsection (3) by deleting the words \u201csection 18(2)(b)(x)\u201d and substituting the words \u201csection 18(2)(f)\u201d; and (b) by repealing subsection (4) and substituting the following subsection - Amendment of section 19 - restriction on grant or renewal of a licence Amendment of section 21 - grant of licence and expedited licence The Trade and Business Licensing (Amendment) Law, 2018 \u201c(4) The Board may attach such conditions or restrictions on licences generally or to licences granted to a sector or an industry as it considers fit in the interest of public safety, public order, public health or otherwise in the public interest.\u201d. Passed by the Legislative Assembly the 16th day of March, 2018. Dr. Hon. W. McKeeva Bush Speaker. 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TO EXEMPT\nCAYMANIANS FROM ASPECTS OF THE APPLICATION\nPROCEDURE; TO EMPOWER THE BOARD TO ENTER INTO\nARRANGEMENTS WITH RELEVANT PUBLIC AUTHORITIES TO\nFACILITATE THE DIRECT RECEIPT OF INFORMATION; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nENACTED by the Legislature of the Cayman Islands.\n\n1.\n(1) This Law may be cited as the Trade and Business Licensing\n(Amendment) Law, 2018.\n(2) This Law shall come into force on such date as may be appointed by\nOrder made by the Cabinet.\n2.\nThe Trade and Business Licensing Law, 2014 (Law 21 of 2014) in this Law\nreferred to as the \u201cprincipal Law\u201d, is amended in section 18 as follows -\n(a)\nby repealing subsection (2) and substituting as follows -\nShort title and\ncommencement\nAmendment of\nsection18 of the Trade\nand Business Licensing\nLaw, 2014 (Law 21 of\n2014) - application for\ngrant or renewal of a\nlicence\n\nThe Trade and Business Licensing (Amendment) Law, 2018\n\n4\n\n\u201c(2) Subject to subsections (2A), (2B) and (2C), an application\npursuant to subsection (1) shall be submitted to the Board through the\nDepartment in the prescribed form and shall be accompanied by -\n(a)\nevidence of status as a Caymanian, if any, of -\n(i)\nthe applicant, where the applicant is an individual;\n(ii) any individual who has a legal or beneficial interest in\nthe company, where the applicant is a company; or\n(iii) each individual who is a partner in the firm, where the\napplicant is a firm;\n(b) in the case of an application for the grant of a licence  by an\napplicant who is not a Caymanian, a reference for the\napplicant from a financial institution or a  current bill in the\napplicant\u2019s name for the provision of utility services within\nthe meaning of that term under section 2 of the Utility\nRegulation and Competition Law, 2016 (Law 49 of 2016);\n(c)\nwhere the applicant will be carrying on business in a public\nplace, evidence of the approval of the relevant authority to\ncarry on business in such a place;\n(d) if applicable, evidence of compliance with the Law relating\nto employee pensions or employee health insurance in force\nin the Islands where application is for renewal;\n(e)\nthe non-refundable application fee specified in Schedule 1\nto be paid to the general revenue of the Islands;\n(f)\nthe licence fee specified in Schedule 1 or, subject to section\n23(2), the renewal fee specified in Schedule 1 to be paid to\nthe general revenue of the Islands or a waiver of the licence\nfee in writing from the Cabinet; and\n(g) such other information relating to the application as may be\ndeemed necessary by the Board for the consideration of the\napplication or as may be prescribed.\n(2A) Where the applicant is a company the following additional\nparticulars shall be provided in the prescribed manner -\n(a)\nthe number and par value of each class of shares issued by\nthe company;\n(b) the voting and other rights attached to each class of shares;\n(c)\na statement of the number and par value of each class of\nshares beneficially owned by Caymanians;\n(d) a statement of the number and par value of each class of\nshares held by persons who are not Caymanian; and\n(e)\na statement that the effective control, benefit and effective\ncontrol of the company is not, either directly or indirectly or\nby reason of any artifice or device vested in or permitted to\n\nThe Trade and Business Licensing (Amendment) Law, 2018\n\n5\npass to persons other than as specifically shown in the\nreturn of shareholdings.\n(2B) Where the applicant is a company that was registered twelve or\nmore months prior to the application for a licence, a copy of the company\u2019s\nannual return and a return of shareholdings containing the particulars listed\nin subsection (2A) shall be provided in the prescribed manner.\n(2C) Subject to subsection (2D), the Board may request a police\nclearance certificate as part of its due diligence procedures in respect of an\napplication for the grant of a licence for -\n(a)\nany applicant where the applicant is an individual;\n(b) any individual who has a significant interest in, or who is a\ndirector of, the applicant where the applicant is a company\nother than a listed entity;\n(c)\nany individual who is a partner in the firm where the\napplicant is a firm,\nand the certificate shall be provided in such manner as the Board may\ndetermine.\n(2D) An applicant who is -\n(a) Caymanian;\n(b) a permanent resident; or\n(c) the holder of a Permanent Residency and Employment\nRights Certificate,\nand who has been legally and ordinarily resident in the Islands for five or\nmore years shall be exempt from the requirement under subsection (2C)\nexcept where the application is for a licence for a trade or business in a\nsector where the Board determines that it is mandatory for every applicant\nto provide a police clearance certificate.\n(2E) To the extent that the information required under sections 18 or\n19 to support an application for the grant or renewal of a licence is held by a\nrelevant public authority or government agency, an applicant may permit\nthe Board to receive that information directly from the public authority or\ngovernment agency where -\n(a) the Board has entered into an arrangement, understanding or\nagreement with the public authority or government agency;\nand\n(b) the information is material, adequate, current, relevant or as\nmay otherwise be prescribed by Regulations.\n\nThe Trade and Business Licensing (Amendment) Law, 2018\n\n6\n(2F) The Board may enter into an arrangement, understanding or\nagreement with any government department or public authority to facilitate\nthe electronic or other receipt of information under subsection (2E).\n(2G) Where an applicant does not utilize the option under subsection\n(2E), the applicant still has an obligation to provide the information to the\nBoard.\n(2H) The Cabinet may make Regulations exempting certain applicants\nor categories of applicants from any or all of the provisions under section\n18.\n(2I) For the purposes of this section -\n(a) \u201cpermanent resident\u201d  has the meaning assigned under\nsection 2 of the Immigration Law (2015 Revision); and\n(b) the expression \u201cholder of a Permanent Residency and\nEmployment Rights Certificate\u201d has the same meaning as\nthe expression has under section 31 of the Immigration Law\n(2015 Revision).\u201d.\n 3.\nSection 19 of the principal Law is amended as follows -\n(a)\nin subsection (1) by deleting the words \u201cshall not be granted or\nrenewed\u201d and substituting the words \u201cshall not be granted\u201d;\n\n(b) by inserting at the end of subsection (1)(a)(iii) the word \u201cor\u201d;\n(c)\nby repealing subsection (1)(a)(iv);\n\n(d) in subsection (1)(c), by deleting the words \u201cor renewal\u201d;\nand\n(e)\nby inserting after subsection (1) the following subsection -\n\u201c(1A) A licence shall not be renewed by the Board where -\n(a) it is satisfied that any of the provisions under\nsubsection (1)(a) apply to the applicant for renewal; or\n(b) the applicant is not compliant with this Law or any\nother applicable Law  regulating the applicant,\nincluding Laws relating to employee pensions,\nemployee health insurance and labour relations in the\nIslands and the applicant has not taken the necessary\nsteps to resolve the non-compliance.\u201d.\n4.\nSection 21 of the principal Law is amended -\n(a)\nin subsection (3) by deleting the words \u201csection 18(2)(b)(x)\u201d and\nsubstituting the words \u201csection 18(2)(f)\u201d; and\n(b) by repealing subsection (4) and substituting the following\nsubsection -\nAmendment of section\n19 - restriction on grant\nor renewal of a licence\nAmendment of section\n21 - grant of licence and\nexpedited licence\n\nThe Trade and Business Licensing (Amendment) Law, 2018\n\n7\n\u201c(4) The Board may attach such conditions or restrictions on\nlicences generally or to licences granted to a sector or an industry\nas it considers fit in the interest of public safety, public order,\npublic health or otherwise in the public interest.\u201d.\n\nPassed by the Legislative Assembly the 16th day of March, 2018.\n\nDr. Hon. W. McKeeva Bush\n\nSpeaker.\n\nZena Merren-Chin\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:43:54.936502+00","cms_id":"2018-021A","law_type":"amending","year":"2018","number":"021A","title":"Trade and Business Licensing (Amendment) Law, 2018","status":"spent"},"provenance":{"files":[{"file_id":"6308","expr_id":"1467","kind":"akn_xml","filename":"2018-021A.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2018\/2018-021A\/2018-021A.akn.xml","content_md5":"a7e7dc7627f4fb81ada8ec980e348dae","byte_size":"11624","http_last_modified":null,"fetched_at":"2026-06-22 15:43:54.991043+00"},{"file_id":"2933","expr_id":"1467","kind":"pristine_pdf","filename":"2018-021A.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2018\/2018-021A\/2018-021A.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2018\/2018-021A\/2018-021A.pdf","content_md5":"b79626e319e01f5ac57c4603ae44d85e","byte_size":"117731","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.790016+00"},{"file_id":"2934","expr_id":"1467","kind":"working_pdf","filename":"2018-021A.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2018\/2018-021A\/2018-021A.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2018\/2018-021A\/2018-021A.pdf","content_md5":"b79626e319e01f5ac57c4603ae44d85e","byte_size":"117731","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.790016+00"}],"paragraph_count":20,"latest_history":null},"quality":{"expr_id":"1467","doc_id":"1467","quality_state":"needs_review","quality_score":"92","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 2}","finding_summary":"repeated line furniture detected: the trade and business licensing amendment law 201 x8; commencement language is visible but no commencement\/version date is stored","assessed_at":"2026-06-22 15:29:46.676413+00","updated_at":"2026-06-22 15:29:46.676413+00"}}