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A BILL FOR A LAW TO AMEND THE TRADE AND BUSINESS LICENSING LAW, 2014 TO CLARIFY AND TO EXTEND THE APPLICATION OF, AND EXEMPTIONS TO, THAT LAW, TO EXTEND THE TRADE AND LICENSING BOARD\u2019S FUNCTIONS, TO EXTEND THE BOARD\u2019S FUNCTIONS THAT ARE MAY BE DELEGATED TO THE DEPARTMENT, TO CLARIFY THAT TRADE OFFICERS MAY BE GRANTED EQUIPMENT, TO RESTRICT PARTNERSHIPS THAT MAY BE LICENSED, TO AMEND THE REQUIREMENTS FOR LICENCE AND RENEWAL APPLICATIONS, TO IMPOSE CONFIDENTIALITY REQUIRMENTS ON PUBLIC SERVANTS OF, AND AGENTS AND ADVISERS TO, THE DEPARTMENT, TO EMPOWER THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REQUESTED BY OVERSEAS LAW ENFORCEMENT AGENCIES, TO AMEND THE FEES PAYABLE UNDER THE LAW; AND FOR INCIDENTAL AND CONNECTED PURPOSES The Trade and Business Licensing (Amendment) Bill, 2017 THE TRADE AND BUSINESS LICENSING (AMENDMENT) BILL, 2017 MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Trade and Business Licensing Law, 2014. Clause 1 states the short title of the resulting Law. Clause 2 seeks - (a) to insert the new definitions \u201cdeal in\u201d parcels of Island land, \u201cfunction\u201d, \u201cowner\u201d of parcels of Island land, \u201cparcel of Island land\u201d, \u201cproperty development\u201d and \u201cself-leasing owner\u201d of parcels of Island land; and (b) in conjunction with clause 9, to shift the definition \u201csignificant interest\u201d in section 24(7) to section 2 as a definition for all of the Law; and (c) to replace the definition \u201ctrade and business\u201d with the definition \u201ctrade or business\u201d. The replacement definition \u201ctrade or business\u201d extends the existing term to include online businesses and clarifies that the term captures property development and also self-leasing owners and their agents who receive reward for their services. Clause 3 seeks to amend section 3(b) to include some examples of agricultural products that are exempt from the Law which Caymanian producers commonly query. Clause 3 also includes new exemptions for certain self-leasing owners and their agents. These inclusions will formalise the existing status of such owners and agents under the Trade and Business Licensing Directions, 2016. Clause 4 seeks to amend section 5 to include licence amendments and exemptions as part of the Trade and Business Licensing Board\u2019s functions. Clause 5 seeks to make a consequential amendment to section 6 because of the amendment sought by clause 4. Clause 6 seeks to amend section 7 to clarify that the Board or Department may grant a trade officer the equipment necessary to carry out their instructions to the officer. The Trade and Business Licensing (Amendment) Bill, 2017 Clause 7 seeks to amend section 18 to change the requirements for licence and renewal applications to - (a) remove the requirement for police clearance certificates for those with an interest in listed companies; (b) change the requirement for such checks in relation to non-listed companies to just those with a significant interest as defined; (c) only require evidence of compliance with the Islands\u2019 laws about pensions and health insurance in relation to employees, rather than those laws generally; and (d) extend the required reference from a bank to financial institutions generally and to add an alternative of providing a bill in the applicant\u2019s name for the provision of electricity or water services, or for rates, in the Islands. Clause 8 seeks to amend the list of those who cannot be granted a licence or have one renewed under section 19(1) to include certain partnerships. As amended, the applicant partnership must be at least sixty percent Caymanian and not otherwise disqualified under the section. Clause 9 seeks to repeal section 24(7), which defines \u201csignificant interest\u201d. Under clause 2, that definition is being re-enacted in section 2. Clause 10 seeks to insert new sections 38A and 38B. New section 38A will impose a duty on public servants employed by, and agents and advisers to, the Department not to disclose information relating to a licensee\u2019s affairs obtained in the course their duties, except for certain purposes. New section 38B empowers the Department to make disclosures of information requested by overseas law enforcement agencies, subject to certain safeguards. Clause 11 seeks to amend Part B of Schedule 1 to - (a) include the definitions \u201caffiliated agent\u201d and \u201clicensed\u201d; (b) replace the fee item for real estate agents with an item for real estate agencies and real estate agents; and (c) insert new fee items for property developers, the rental and leasing of parcels of land (other than as a real estate agency or real estate agent), money services and courier services. The Trade and Business Licensing (Amendment) Bill, 2017 THE TRADE AND BUSINESS LICENSING (AMENDMENT) BILL, 2017 ARRANGEMENT OF CLAUSES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Trade and Business Licensing Law, 2014 - interpretation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 3 - application\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 5 - functions of the Board\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 6 - delegation by the Board\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 7 - trade officers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 18 - application for grant or renewal of a licence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 19 - restriction on grant or renewal of a licence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 24 - transfer of licence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Insertion of sections 38A - confidentiality of licensee\u2019s affairs and 38B - assistance to overseas law enforcement agencies\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of Schedule 1 - fees The Trade and Business Licensing (Amendment) Bill, 2017 A BILL FOR A LAW TO AMEND THE TRADE AND BUSINESS LICENSING LAW, 2014 TO CLARIFY AND TO EXTEND THE APPLICATION OF, AND EXEMPTIONS TO, THAT LAW, TO EXTEND THE TRADE AND LICENSING BOARD\u2019S FUNCTIONS, TO EXTEND THE BOARD\u2019S FUNCTIONS THAT ARE MAY BE DELEGATED TO THE DEPARTMENT, TO CLARIFY THAT TRADE OFFICERS MAY BE GRANTED EQUIPMENT, TO RESTRICT PARTNERSHIPS THAT MAY BE LICENSED, TO AMEND THE REQUIREMENTS FOR LICENCE AND RENEWAL APPLICATIONS, TO IMPOSE CONFIDENTIALITY REQUIRMENTS ON PUBLIC SERVANTS OF, AND AGENTS AND ADVISERS TO, THE DEPARTMENT, TO EMPOWER THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REQUESTED BY OVERSEAS LAW ENFORCEMENT AGENCIES, TO AMEND THE FEES PAYABLE UNDER THE LAW; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. This Law may be cited as the Trade and Business Licensing (Amendment) Law, 2017. 2. The Trade and Business Licensing Law, 2014, in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 2 by - (a) inserting in the appropriate alphabetical sequence the following definitions - \u201c \u201cdeal in\u201d, for parcels of Island land, means to deal, or offer to deal in the parcels, or both, by any or all of the following transactions relating to the parcels - (a) purchases; (b) sales; or (c) rentals, tenancies or leasing; \u201cfunction\u201d includes duty, power and role; \u201cowner\u201d, of parcels of Island land, means any or all legal and beneficial owners of the parcels; Short title Amendment of section 2 of the Trade and Business Licensing Law, 2014 - interpretation The Trade and Business Licensing (Amendment) Bill, 2017 \u201cparcel of Island land\u201d means - (a) an area of land that, under the Registered Land Law (2004 Revision), has been separately delineated on the Registry Map and given a number; and (b) land subdivided under a strata plan and registered under section 10 of the Strata Titles Registration Law (2013 Revision); \u201cproperty development\u201d means carrying out work for any or all of the following activities in relation to a parcel of Island land (whether by the parcel\u2019s owner or by someone else with the owner\u2019s consent) with a view to obtaining a reward from selling or leasing the parcel - (a) constructing a building or other structure; (b) renovating a building or other structure; (c) making a material change (within the meaning of that term under the Development and Planning Law (2015 Revision)) to the use of the parcel or a building or other structure on the parcel; or (d) clearing, site works and other activities to prepare for the carrying out of an activity mentioned in paragraph (a), (b) or (c); \u201cself-leasing owner\u201d means an owner of parcels of Island land who deals in any of the parcels other than through a real estate agency or real estate agent; \u201csignificant interest\u201d, in a company, means a holding or interest in the company or in any holding company of the company held or owned by a person, either alone or with any other person and whether legally or equitably, that entitles or enables the person, directly or indirectly - (a) to control ten percent or more of the voting rights of that company at a general meeting of the company; (b) to a share of ten percent or more in dividends declared and paid by the company; or (c) to a share of ten per cent or more in any distribution of the surplus assets of the company;\u201d; and (b) deleting the definition of the words \u201ctrade and business\u201d and substituting the following definition - \u201c \u201ctrade or business\u201d includes - (a) a profession, calling, vocation, occupation, trade, manufacture, mercantile, wholesale or retail operation or an (2004 Revision) (2013 Revision) (2015 Revision) The Trade and Business Licensing (Amendment) Bill, 2017 undertaking of any kind whatever, whether carried out online, seasonally, occasionally or otherwise; (b) the carrying out of property development; (c) acting as a self-leasing owner for parcels of Island land; and (d) acting for reward as an agent for a self-leasing owner of parcels of Island land; and\u201d. 3. The principal Law is amended in section 3 by - (a) in paragraph (b) after the word \u201cproducts\u201d, inserting the words \u201c(including, for example, jams, jellies, sauces and thatch work)\u201d; (b) in paragraph (d) by deleting the word \u201cor\u201d; and (c) after paragraph (d) inserting the following paragraphs - \u201c(da)  a self-leasing owner of parcels of Island land (other than any parcel that is the owner\u2019s principal place of residence) for no more than two parcels of Island land; and (db) an agent (except a real estate agency or real estate agent) of a self-leasing owner mentioned in paragraph (da); or\u201d. 4. The principal Law is amended in section 5 as follows - (a) in paragraph (a), by deleting the words \u201cfor a licence\u201d; and (b) in paragraph (b), by inserting after the word \u201csuspension,\u201d the word \u201camendment,\u201d. 5. The principal Law is amended by repealing section 6(1) and substituting the following subsection - \u201c(1) The Board may delegate to the Department any or all of the Board\u2019s functions under section 5(a), (b), and (c).\u201d. 6. The principal Law is amended in section 7 by inserting after subsection (3) the following subsection - \u201c(3A) The Board or Department may grant a trade officer the equipment necessary to carry out their instructions to the officer.\u201d. 7. The principal Law is amended in section 18 as follows - (a) by repealing subsection (2)(b)(iii)(B) and substituting the following sub-subparagraphs - \u201c(B) all individuals who are directors of the applicant, where the applicant is a listed company; (BA)  all individuals who have a significant interest in, or who are directors of, the applicant, where the applicant is a company other than a listed company; or\u201d; Amendment of section 3 - application Amendment of section 5 - functions of the Board Amendment of section 6 - delegation by the Board Amendment of section 7 - trade officers Amendment of section 18 - application for grant or renewal of a licence The Trade and Business Licensing (Amendment) Bill, 2017 (b) by repealing subsection (2)(b)(iv) and inserting the following subparagraph - \u201c(iv) in the case of an application for the grant of a licence only - (A) a reference for the applicant from a financial institution; or (B) a bill in the applicant\u2019s name for the provision of electricity or water services, or for rates, in the Islands;\u201d; (c) in subsection (2)(b)(vii) and (viii), by inserting after the words \u201crelating to\u201d the word \u201cemployee\u201d; and (d) by after subsection (9) inserting the following subsection - \u201c(10) In this section - \u201cfinancial institution\u201d has the meaning assigned to that expression in section 182(1) of the Proceeds of Crime Law (2016 Revision); and \u201clisted company\u201d means a company that, under the Securities Investment Business Law (2015 Revision), has securities listed on a recognised securities exchange.\u201d. 8. The principal Law is amended in section 19(1)(a) as follows - (a) in subparagraph (iv), by deleting the word \u201cor\u201d; and (b) in subparagraph (v) by deleting the full stop and substituting the words \u201c; or\u201d; and (c) by inserting after subparagraph (v) the following subparagraph - \u201c(vi) is a partnership and less than sixty percent of its partners are individuals who are not Caymanian, companies that are not Caymanian owned and controlled or persons of any type mentioned in subparagraphs (i) to (v).\u201d. 9. The principal Law is amended by repealing section 24(7). 10. The principal Law is amended by inserting after section 38 the following sections - \u201cConfidentiality of licensee\u2019s affairs 38A. (1) This section applies to a person as follows (the \u201cofficial\u201d) - (a) a public servant employed under the Public Service Management Law (2013 Revision) by the Department; or (b) an agent or adviser to the Department about any functions of, or delegated to, the (2016 Revision) (2015 Revision) Amendment of section 19 - restriction on grant or renewal of a licence Amendment of section 24 - transfer of licence Insertion of sections 38A - confidentiality of licensee\u2019s affairs and 38B - assistance to overseas law enforcement agencies (2013 Revision) The Trade and Business Licensing (Amendment) Bill, 2017 (2015 Revision) Department under this Law (\u201cDepartmental functions\u201d). (2) If, in the course of in performing Departmental functions or the official\u2019s duties, the official obtains information relating to a licensee\u2019s affairs, the official shall not disclose the information to anyone else, except if the disclosure is - (a) in the course of performing Departmental functions; (b) lawfully required or permitted by a court; (c) to the licensee or with the licensee\u2019s authority; (d) to enable or assist the Cabinet to perform functions under this Law or in connection with dealings between the Cabinet and the Board when the Board performs its functions under this Law; (e) is about information that is publicly available from another source; (f) is about information that is in a summary or in statistics and expressed in a way that does not allow the licensee\u2019s identity to be established; or (g) lawfully made - (i) to the Director of Public Prosecutions or a law enforcement agency in the Islands, with a view to the institution of, or for the purpose of, criminal proceedings; or (ii) under the Money Laundering Regulations (2015 Revision). (3) If the official contravenes subsection (2), the official commits an offence and is liable - (a) on summary conviction, to a fine of ten thousand dollars and to imprisonment for one year; or (b) on conviction on indictment, to a fine of fifty thousand dollars and to imprisonment for three years. Assistance to overseas law enforcement agencies 38B (1) This section applies if an overseas law enforcement agency requests assistance from the Department to perform the agency\u2019s functions. The Trade and Business Licensing (Amendment) Bill, 2017 (2) The Department may disclose information to the agency if the Department has satisfied itself that - (a) the agency - (i) is subject to adequate legal restrictions on further disclosures of the information; or (ii) has given the Department an undertaking not to further disclose the information without the Department\u2019s consent; and (b) the disclosure to the agency - (i) is necessary for the agency to perform its functions; and (ii) will not be used in criminal proceedings against the person who provided the information to the Department, other than in a prosecution for an offence of perjury. (3) The Department may refuse the request if it has required a written undertaking as follows, in a form that the Department decides, and the agency has not complied with the requirement - (a) to make corresponding disclosures to the Department; or (b) to make a contribution to the cost of complying with the request in an amount that the Department considers appropriate. (4) In deciding whether or not to comply with the request, the Department shall consider whether - (a) corresponding disclosures would be made in the relevant country or territory to the Department; (b) the performance of the agency\u2019s functions relates to the possible breach of a law or other requirement that has no close parallel in the Islands or involves asserting a jurisdiction not recognised by the Islands; and (c) it is in the public interest to comply with the request. (5) The Department may, when the request is made or The Trade and Business Licensing (Amendment) Bill, 2017 at any later time, consent to the agency using the information - (a) to conduct a proceeding in a court of law in the agency\u2019s jurisdiction or investigations by the agency preliminary to bringing such a proceeding; (b) to assist a self-regulatory organisation with surveillance or enforcement activities, if the Department is satisfied the organisation is involved in the supervision of conduct that is the subject of the request; or (c) to assist in a criminal investigation or prosecution of any charge relating to a contravention of a provision stated in the request, if the charge relates to a contravention of the laws enforced by the agency. (6) The Department shall keep a record of all requests and disclosures made, and an inventory of the information disclosed, under this section. (7) In this section - \u201cfunctions\u201d, of an overseas law enforcement agency, includes conducting civil and administrative proceedings to enforce laws the agency enforces; \u201claw\u201d includes regulations; and \u201coverseas law enforcement agency\u201d means an agency from a country or territory outside the Islands that performs law enforcement functions under a law of that country or territory.\u201d. 11. The principal Law is amended in Part B of Schedule 1 by - (a) under the heading \u201cProfessional\u201d - (i) inserting in the appropriate alphabetical sequence the following definitions - \u201caffiliated agent\u201d means a real estate agent who trades under, or holds out to be affiliated with, a name that is the same as, or similar to or the derivative of the name of, a licensed real estate agency; Amendment of Schedule 1 - fees The Trade and Business Licensing (Amendment) Bill, 2017 \u201clicensed\u201d, for a real estate agency or real estate agent, means licensed in that capacity under this Law;\u201d; (ii) deleting item 9 under the columns headed \u201cCategory of trade or business\u201d and \u201cFee\u201d (the \u201ccolumns\u201d) and substituting the following item - \u201c9. Property developer being a person who carries out property development $750\u201d. (iii) deleting item 11 under the columns and substituting the following item - \u201c11. Real estate agency or real estate agent, or both a real estate agency (an \u201cagency\u201d) or being a real estate agent (an \u201cagent\u201d), or both, who as an agent deals in parcels of Island land $750 for each agency, plus an additional $750 for each affiliated agent of the agency; or $750 for a selfemployed agent who is not an affiliated agent\u201d; and (iv) after item 12 under the columns inserting the following items - \u201c13. Self-leasing owner being a self-leasing owner of parcels of Island land $750\u201d\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Agent for a selfleasing owner (except as a licensed real estate agency or licensed real estate agent) being an agent for reward (except as a licensed real estate agency or licensed real estate agent) of a selfleasing owner, of parcels of Island land $750\u201d; and (b) under the heading \u201cTrades and Technical\u201d by - (i) in item 17 under the columns, deleting the words \u201cincluding any person who buys from a merchant or who himself imports and offers for sale direct to the public in small quantities and who manufactures and sells his own products-\u201d; and The Trade and Business Licensing (Amendment) Bill, 2017 (ii) inserting after item 24 under the columns, the following items - \u201c26. Money services being in the business of making cash loans or cash advances $300\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Courier services being in the business of transporting packages or documents $300\u201d. Passed by the Legislative Assembly the day of , 2017. Speaker. 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Clause 3 also includes new exemptions for certain self-leasing owners and\ntheir agents. These inclusions will formalise the existing status of such owners\nand agents under the Trade and Business Licensing Directions, 2016.\nClause 4 seeks to amend section 5 to include licence amendments and exemptions\nas part of the Trade and Business Licensing Board\u2019s functions.\nClause 5 seeks to make a consequential amendment to section 6 because of the\namendment sought by clause 4.\nClause 6 seeks to amend section 7 to clarify that the Board or Department may\ngrant a trade officer the equipment necessary to carry out their instructions to the\nofficer.\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n3\nClause 7 seeks to amend section 18 to change the requirements for licence and\nrenewal applications to -\n(a)\nremove the requirement for police clearance certificates for those\nwith an interest in listed companies;\n(b) change the requirement for such checks in relation to non-listed\ncompanies to just those with a significant interest as defined;\n(c)\nonly require evidence of compliance with the Islands\u2019 laws about\npensions and health insurance in relation to employees, rather\nthan those laws generally; and\n(d) extend the required reference from a bank to financial institutions\ngenerally and to add an alternative of providing a bill in the\napplicant\u2019s name for the provision of electricity or water services,\nor for rates, in the Islands.\nClause 8 seeks to amend the list of those who cannot be granted a licence or have\none renewed under section 19(1) to include certain partnerships. As amended, the\napplicant partnership must be at least sixty percent Caymanian and not otherwise\ndisqualified under the section.\nClause 9 seeks to repeal section 24(7), which defines \u201csignificant interest\u201d. Under\nclause 2, that definition is being re-enacted in section 2.\nClause 10 seeks to insert new sections 38A and 38B. New section 38A will\nimpose a duty on public servants employed by, and agents and advisers to, the\nDepartment not to disclose information relating to a licensee\u2019s affairs obtained in\nthe course their duties, except for certain purposes. New section 38B empowers\nthe Department to make disclosures of information requested by overseas law\nenforcement agencies, subject to certain safeguards.\nClause 11 seeks to amend Part B of Schedule 1 to -\n(a)\ninclude the definitions \u201caffiliated agent\u201d and \u201clicensed\u201d;\n(b) replace the fee item for real estate agents with an item for real\nestate agencies and real estate agents; and\n(c)\ninsert new fee items for property developers, the rental and\nleasing of parcels of land (other than as a real estate agency or\nreal estate agent), money services and courier services.\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n4\nTHE TRADE AND BUSINESS LICENSING (AMENDMENT) BILL, 2017\n\nARRANGEMENT OF CLAUSES\n\n1.\nShort title\n2.\nAmendment of section 2 of the Trade and Business Licensing Law, 2014 -\ninterpretation\n3.\nAmendment of section 3 - application\n4.\nAmendment of section 5 - functions of the Board\n5.\nAmendment of section 6 - delegation by the Board\n6.\nAmendment of section 7 - trade officers\n7.\nAmendment of section 18 - application for grant or renewal of a licence\n8.\nAmendment of section 19 - restriction on grant or renewal of a licence\n9.\nAmendment of section 24 - transfer of licence\n10. Insertion of sections 38A - confidentiality of licensee\u2019s affairs and 38B -\nassistance to overseas law enforcement agencies\n11. Amendment of Schedule 1 - fees\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n5\nCAYMAN ISLANDS\n\nA BILL FOR A LAW TO AMEND THE TRADE AND BUSINESS\nLICENSING LAW, 2014 TO CLARIFY AND TO EXTEND THE\nAPPLICATION OF, AND EXEMPTIONS TO, THAT LAW, TO EXTEND\nTHE TRADE AND LICENSING BOARD\u2019S FUNCTIONS, TO EXTEND\nTHE BOARD\u2019S FUNCTIONS THAT ARE MAY BE DELEGATED TO\nTHE DEPARTMENT, TO CLARIFY THAT TRADE OFFICERS MAY BE\nGRANTED EQUIPMENT, TO RESTRICT PARTNERSHIPS THAT MAY\nBE LICENSED, TO AMEND THE REQUIREMENTS FOR LICENCE\nAND RENEWAL APPLICATIONS, TO IMPOSE CONFIDENTIALITY\nREQUIRMENTS ON PUBLIC SERVANTS OF, AND AGENTS AND\nADVISERS TO, THE DEPARTMENT, TO EMPOWER THE\nDEPARTMENT TO DISCLOSE CERTAIN INFORMATION\nREQUESTED BY OVERSEAS LAW ENFORCEMENT AGENCIES, TO\nAMEND THE FEES PAYABLE UNDER THE LAW; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nThis Law may be cited as the Trade and Business Licensing (Amendment)\nLaw, 2017.\n2.\nThe Trade and Business Licensing Law, 2014, in this Law referred to as the\n\u201cprincipal Law\u201d, is amended in section 2 by -\n(a)\ninserting in the appropriate alphabetical sequence the following\ndefinitions -\n\u201c \u201cdeal in\u201d, for parcels of Island land, means to deal, or offer to\ndeal in the parcels, or both, by any or all of the following\ntransactions relating to the parcels -\n(a)\npurchases;\n(b) sales; or\n(c)\nrentals, tenancies or leasing;\n\u201cfunction\u201d includes duty, power and role;\n\u201cowner\u201d, of parcels of Island land, means any or all legal and\nbeneficial owners of the parcels;\nShort title\nAmendment of section 2\nof the Trade and\nBusiness Licensing Law,\n2014 - interpretation\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n6\n\u201cparcel of Island land\u201d means -\n(a)\nan area of land that, under the Registered Land Law\n(2004 Revision), has been separately delineated on the\nRegistry Map and given a number; and\n(b) land subdivided under a strata plan and registered\nunder section 10 of the Strata Titles Registration Law\n(2013 Revision);\n\u201cproperty development\u201d means carrying out work for any or all\nof the following activities in relation to a parcel of Island land\n(whether by the parcel\u2019s owner or by someone else with the\nowner\u2019s consent) with a view to obtaining a reward from selling\nor leasing the parcel -\n(a)\nconstructing a building or other structure;\n(b) renovating a building or other structure;\n(c)\nmaking a material change (within the meaning of that\nterm under the Development and Planning Law (2015\nRevision)) to the use of the parcel or a building or\nother structure on the parcel; or\n(d) clearing, site works and other activities to prepare for\nthe carrying out of an activity mentioned in paragraph\n(a), (b) or (c);\n\u201cself-leasing owner\u201d means an owner of parcels of Island land\nwho deals in any of the parcels other than through a real estate\nagency or real estate agent;\n\u201csignificant interest\u201d, in a company, means a holding or interest\nin the company or in any holding company of the company held\nor owned by a person, either alone or with any other person and\nwhether legally or equitably, that entitles or enables the person,\ndirectly or indirectly -\n(a)\nto control ten percent or more of the voting rights of\nthat company at a general meeting of the company;\n(b) to a share of ten percent or more in dividends declared\nand paid by the company; or\n(c)\nto a share of ten per cent or more in any distribution of\nthe surplus assets of the company;\u201d; and\n(b) deleting the definition of the words \u201ctrade and business\u201d and\nsubstituting the following definition -\n\n\u201c \u201ctrade or business\u201d includes -\n(a)\na\nprofession,\ncalling,\nvocation,\noccupation,\ntrade,\nmanufacture, mercantile, wholesale or retail operation or an\n\n(2004 Revision)\n\n(2013 Revision)\n(2015 Revision)\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n7\nundertaking of any kind whatever, whether carried out\nonline, seasonally, occasionally or otherwise;\n(b) the carrying out of property development;\n(c)\nacting as a self-leasing owner for parcels of Island land; and\n(d) acting for reward as an agent for a self-leasing owner of\nparcels of Island land; and\u201d.\n3.\nThe principal Law is amended in section 3 by -\n(a)\nin paragraph (b) after the word \u201cproducts\u201d, inserting the words\n\u201c(including, for example, jams, jellies, sauces and thatch work)\u201d;\n(b) in paragraph (d) by deleting the word \u201cor\u201d; and\n(c)\nafter paragraph (d) inserting the following paragraphs -\n\u201c(da)  a self-leasing owner of parcels of Island land (other than\nany parcel that is the owner\u2019s principal place of residence)\nfor no more than two parcels of Island land; and\n(db) an agent (except a real estate agency or real estate agent) of\na self-leasing owner mentioned in paragraph (da); or\u201d.\n4.\nThe principal Law is amended in section 5 as follows -\n(a)\nin paragraph (a), by deleting the words \u201cfor a licence\u201d; and\n(b) in paragraph (b), by inserting after the word \u201csuspension,\u201d the\nword \u201camendment,\u201d.\n5.\nThe principal Law is amended by repealing section 6(1) and substituting the\nfollowing subsection -\n\u201c(1) The Board may delegate to the Department any or all of the Board\u2019s\nfunctions under section 5(a), (b), and (c).\u201d.\n6.\nThe principal Law is amended in section 7 by inserting after subsection (3)\nthe following subsection -\n\n\u201c(3A)\nThe Board or Department may grant a trade officer the\nequipment necessary to carry out their instructions to the officer.\u201d.\n7.\nThe principal Law is amended in section 18 as follows -\n(a)\nby repealing subsection (2)(b)(iii)(B) and substituting the\nfollowing sub-subparagraphs -\n\u201c(B) all individuals who are directors of the applicant, where the\napplicant is a listed company;\n(BA)  all individuals who have a significant interest in, or who\nare directors of, the applicant, where the applicant is a\ncompany other than a listed company; or\u201d;\nAmendment of section\n3 - application\nAmendment of section\n5 - functions of the\nBoard\nAmendment of section\n6 - delegation by the\nBoard\nAmendment of section\n7 - trade officers\nAmendment of section\n18 - application for grant\nor renewal of a licence\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n8\n(b) by repealing subsection (2)(b)(iv) and inserting the following\nsubparagraph -\n\u201c(iv) in the case of an application for the grant of a licence only -\n(A) a reference for the applicant from a financial\ninstitution; or\n(B) a bill in the applicant\u2019s name for the provision of\nelectricity or water services, or for rates, in the\nIslands;\u201d;\n(c)\nin subsection (2)(b)(vii) and (viii), by inserting after the words\n\u201crelating to\u201d the word \u201cemployee\u201d; and\n(d) by after subsection (9) inserting the following subsection -\n\u201c(10)\nIn this section -\n\u201cfinancial institution\u201d has the meaning assigned to that\nexpression in section 182(1) of the Proceeds of Crime Law (2016\nRevision); and\n\u201clisted company\u201d means a company that, under the Securities\nInvestment Business Law (2015 Revision), has securities listed\non a recognised securities exchange.\u201d.\n8.\nThe principal Law is amended in section 19(1)(a) as follows -\n(a)\nin subparagraph (iv), by deleting the word \u201cor\u201d; and\n(b) in subparagraph (v) by deleting the full stop and substituting the\nwords \u201c; or\u201d; and\n(c)\nby inserting after subparagraph (v) the following subparagraph -\n\u201c(vi) is a partnership and less than sixty percent of its partners are\nindividuals who are not Caymanian, companies that are not\nCaymanian owned and controlled or persons of any type\nmentioned in subparagraphs (i) to (v).\u201d.\n9.\nThe principal Law is amended by repealing section 24(7).\n10. The principal Law is amended by inserting after section 38 the following\nsections -\n\n\u201cConfidentiality\n\nof licensee\u2019s\n\naffairs\n\n38A. (1) This section applies to a person as follows (the\n\u201cofficial\u201d) -\n(a)\na public servant employed under the Public\nService Management Law (2013 Revision) by\nthe Department; or\n(b) an agent or adviser to the Department about\nany functions of, or delegated to, the\n\n(2016 Revision)\n\n(2015 Revision)\nAmendment of section\n19 - restriction on grant\nor renewal of a licence\nAmendment of section\n24 - transfer of licence\nInsertion of sections\n38A - confidentiality of\nlicensee\u2019s affairs and\n38B - assistance to\noverseas law\nenforcement agencies\n\n(2013 Revision)\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n9\n\n(2015 Revision)\n\nDepartment under this Law (\u201cDepartmental\nfunctions\u201d).\n(2) If, in the course of in performing Departmental\nfunctions or the official\u2019s duties, the official obtains\ninformation relating to a licensee\u2019s affairs, the official shall\nnot disclose the information to anyone else, except if the\ndisclosure is -\n(a)\nin the course of performing Departmental\nfunctions;\n(b) lawfully required or permitted by a court;\n(c)\nto the licensee or with the licensee\u2019s\nauthority;\n(d) to enable or assist the Cabinet to perform\nfunctions under this Law or in connection\nwith dealings between the Cabinet and the\nBoard when the Board performs its functions\nunder this Law;\n(e)\nis about information that is publicly available\nfrom another source;\n(f)\nis about information that is in a summary or\nin statistics and expressed in a way that does\nnot allow the licensee\u2019s identity to be\nestablished; or\n(g) lawfully made -\n(i)\nto the Director of Public Prosecutions or\na law enforcement agency in the Islands,\nwith a view to the institution of, or for\nthe purpose of, criminal proceedings; or\n(ii) under\nthe\nMoney\nLaundering\nRegulations (2015 Revision).\n(3) If the official contravenes subsection (2), the\nofficial commits an offence and is liable -\n(a)\non summary conviction, to a fine of ten\nthousand dollars and to imprisonment for one\nyear; or\n(b) on conviction on indictment, to a fine of fifty\nthousand dollars and to imprisonment for\nthree years.\n\nAssistance to\n\noverseas\n\nlaw\n\nenforcement\n\nagencies\n38B (1) This section applies if an overseas law enforcement\nagency requests assistance from the Department to perform\nthe agency\u2019s functions.\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n10\n(2) The Department may disclose information to the\nagency if the Department has satisfied itself that -\n(a)\nthe agency -\n(i)\nis subject to adequate legal restrictions\non\nfurther\ndisclosures\nof\nthe\ninformation; or\n(ii) has\ngiven\nthe\nDepartment\nan\nundertaking not to further disclose the\ninformation without the Department\u2019s\nconsent; and\n(b) the disclosure to the agency -\n(i)\nis necessary for the agency to perform\nits functions; and\n(ii) will not be used in criminal proceedings\nagainst the person who provided the\ninformation to the Department, other\nthan in a prosecution for an offence of\nperjury.\n(3) The Department may refuse the request if it has\nrequired a written undertaking as follows, in a form that the\nDepartment decides, and the agency has not complied with\nthe requirement -\n(a)\nto make corresponding disclosures to the\nDepartment; or\n(b) to make a contribution to the cost of\ncomplying with the request in an amount that\nthe Department considers appropriate.\n(4) In deciding whether or not to comply with the\nrequest, the Department shall consider whether -\n(a)\ncorresponding disclosures would be made in\nthe relevant country or territory to the\nDepartment;\n(b) the performance of the agency\u2019s functions\nrelates to the possible breach of a law or other\nrequirement that has no close parallel in the\nIslands or involves asserting a jurisdiction not\nrecognised by the Islands; and\n(c)\nit is in the public interest to comply with the\nrequest.\n(5) The Department may, when the request is made or\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n11\nat any later time, consent to the agency using the\ninformation -\n(a)\nto conduct a proceeding in a court of law in\nthe agency\u2019s jurisdiction or investigations by\nthe agency preliminary to bringing such a\nproceeding;\n(b) to assist a self-regulatory organisation with\nsurveillance or enforcement activities, if the\nDepartment is satisfied the organisation is\ninvolved in the supervision of conduct that is\nthe subject of the request; or\n(c)\nto assist in a criminal investigation or\nprosecution of any charge relating to a\ncontravention of a provision stated in the\nrequest,\nif\nthe\ncharge\nrelates\nto\na\ncontravention of the laws enforced by the\nagency.\n(6) The Department shall keep a record of all requests\nand disclosures made, and an inventory of the information\ndisclosed, under this section.\n(7) In this section -\n\u201cfunctions\u201d, of an overseas law enforcement agency, includes\nconducting civil and administrative proceedings to enforce\nlaws the agency enforces;\n\u201claw\u201d includes regulations; and\n\u201coverseas law enforcement agency\u201d means an agency from a\ncountry or territory outside the Islands that performs law\nenforcement functions under a law of that country or\nterritory.\u201d.\n11. The principal Law is amended in Part B of Schedule 1 by -\n(a)\nunder the heading \u201cProfessional\u201d -\n(i)\ninserting in the appropriate alphabetical sequence the\nfollowing definitions -\n\n\u201caffiliated agent\u201d means a real estate agent who trades\nunder, or holds out to be affiliated with, a name that is the\nsame as, or similar to or the derivative of the name of, a\nlicensed real estate agency;\nAmendment of Schedule\n1 - fees\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n12\n\n\u201clicensed\u201d, for a real estate agency or real estate agent,\nmeans licensed in that capacity under this Law;\u201d;\n(ii) deleting item 9 under the columns headed \u201cCategory of\ntrade or business\u201d and \u201cFee\u201d (the \u201ccolumns\u201d) and\nsubstituting the following item -\n\u201c9.\nProperty\ndeveloper\nbeing a person who carries out\nproperty development\n$750\u201d.\n\n(iii) deleting item 11 under the columns and substituting the\nfollowing item -\n\u201c11.\nReal\nestate agency\nor real estate\nagent, or both\na real estate agency (an \u201cagency\u201d) or\nbeing a real estate agent (an\n\u201cagent\u201d), or both, who as an agent\ndeals in parcels of Island land\n$750 for each\nagency, plus an\nadditional $750\nfor each\naffiliated agent\nof the agency;\nor\n$750 for a selfemployed agent\nwho is not an\naffiliated\nagent\u201d; and\n(iv) after item 12 under the columns inserting the following\nitems -\n\u201c13. Self-leasing owner\nbeing a self-leasing\nowner of parcels of\nIsland land\n$750\u201d\n14. Agent for a selfleasing owner (except as\na licensed real estate\nagency or licensed real\nestate agent)\nbeing an agent for\nreward (except as a\nlicensed\nreal\nestate\nagency or licensed real\nestate agent) of a selfleasing\nowner,\nof\nparcels of Island land\n$750\u201d; and\n(b) under the heading \u201cTrades and Technical\u201d by -\n(i)\nin item 17 under the columns, deleting the words \u201cincluding\nany person who buys from a merchant or who himself\nimports and offers for sale direct to the public in small\nquantities and who manufactures and sells his own\nproducts-\u201d; and\n\nThe Trade and Business Licensing (Amendment) Bill, 2017\n\n13\n\n(ii) inserting after item 24 under the columns, the following\nitems -\n\n\u201c26.\nMoney\n\nservices\nbeing in the business of making cash\nloans or cash advances\n$300\n\n27.\nCourier\n\nservices\nbeing in the business of transporting\npackages or documents\n$300\u201d.\n\nPassed by the Legislative Assembly the\n\nday of\n\n, 2017.\n\nSpeaker.\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:41:09.89882+00","cms_id":"2017-0015","law_type":"bill","year":"2017","number":"15","title":"2017-0015","status":"bill"},"provenance":{"files":[{"file_id":"6923","expr_id":"2124","kind":"akn_xml","filename":"2017-0015.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0015\/2017-0015.akn.xml","content_md5":"46dc55923b9845d7e0b147fc5af1305b","byte_size":"24763","http_last_modified":null,"fetched_at":"2026-06-22 15:41:10.029907+00"},{"file_id":"4247","expr_id":"2124","kind":"pristine_pdf","filename":"2017-0015.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0015\/2017-0015.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2017\/2017-0015\/2017-0015.pdf","content_md5":"5f9eb02cb1b6b907036597e6225309ef","byte_size":"210211","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.238557+00"},{"file_id":"4248","expr_id":"2124","kind":"working_pdf","filename":"2017-0015.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0015\/2017-0015.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0015\/2017-0015.pdf","content_md5":"5f9eb02cb1b6b907036597e6225309ef","byte_size":"210211","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.238557+00"}],"paragraph_count":4,"latest_history":null},"quality":{"expr_id":"2124","doc_id":"2124","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: the trade and business licensing amendment bill 20 x14; 2013 revision x3; 2015 revision x3","assessed_at":"2026-06-22 15:29:46.205481+00","updated_at":"2026-06-22 15:29:46.205481+00"}}