Cayman Islands Law Legislation & Treaties

Local Companies (Control) Regulations

In force
Subordinate · 1972 · No. 11 · 1972-0011
Text — 1998 Revision

Local Companies (Control) Law LOCAL COMPANIES (CONTROL) REGULATIONS

(1998 Revision)

PUBLISHING DETAILS

Local Companies (Control) Regulations Arrangement of Regulations

Local Companies (Control) Law LOCAL COMPANIES (CONTROL) REGULATIONS (1998 Revision) Arrangement of Regulations Regulation 1.

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#10. Local Companies (Control) Regulations

Regulation 1

Local Companies (Control) Law LOCAL COMPANIES (CONTROL) REGULATIONS (1998 Revision)

#1. Citation

#1. These regulations may be cited as the Local Companies (Control) Regulations

(1998 Revision).

#2. Form of return of allotment or transfer of shares

#2. The form of a return of allotment or transfer of shares in a local company required

to be forwarded under section 7(4) is as follows —

Regulation 2 Local Companies (Control) Regulations

LOCAL COMPANIES (CONTROL) LAW (Section 7(4)) RETURN OF PARTICULARS OF AN ALLOTMENT OR TRANSFER OF SHARES IN A LOCAL COMPANY TO: THE IMMIGRATION BOARD FROM:

*PART A: RETURN OF PARTICULARS OF AN ALLOTMENT OF SHARES Date of allotment Name, address and nationality of person to whom shares allotted Number of shares allotted Class of shares allotted Consideration for allotment Special conditions attaching to shares allotted, if any Total number of shares previously allocated Remarks, if any

*PART B: RETURN OF PARTICULARS OF A TRANSFER OF SHARES Date of transfer Date of registration of transfer Transferor Name, address and nationality of transferee Number of shares transferrred Class of shares transferred Consideration for transfer Special conditions attaching to transfer, if any Total number of shares transferred to date Remarks, if any

Local Companies (Control) Regulations Regulation 3

It is hereby certified that effective control of the company is not, either directly or indirectly or by reason of any artifice or device vested in or permitted to pass to persons other than the persons specifically shown in the return of shareholdings most recently filed in respect of the said company as varied by the allotment or transfer referred to in this return.

For and on behalf of _______________________ DIRECTOR _______________________ *DIRECTOR/SECRETARY *Delete as inapplicable.

#3. Form of application for licence

#3. The form of application prescribed by section 10(2) is as follows —

LOCAL COMPANIES (CONTROL) LAW (Section 10(2)) TO: THE IMMIGRATION BOARD The above company hereby applies for a licence to carry on business in the Cayman Islands by virtue of paragraph (b) of section 4(1) of the Law. Enclosed herewith is a copy of the Memorandum and Articles of Association of the above company. A list of shareholders of the Company is enclosed in which the shareholdings in beneficial Caymanian ownership are indicated.

The nature of the business the company is carrying on and proposes to carry on is as follows — I am instructed to supply any further information required by the Board.

Secretary of the above company Date

#4. Giving of notice

#4. (1) Any notice required to be given for any purpose of the Law shall be in writing

and may be given —

Regulation 5 Local Companies (Control) Regulations

(a) in the case of notice to the Board, by being delivered personally to the Secretary of the Board or sent to him by registered post addressed to the office of the Board;

(b) in the case of a company, by delivering it to the secretary or other officer of the company at its registered or principal office or sending it by registered post addressed to the company at that office; or (c) in any other case by being delivered personally or sent by registered post addressed to the person to whom it is to be given at his last or usual place of abode.

(2) Every notice given in accordance with subregulation (1) shall be deemed to have been given and shall have effect at the time it is personally delivered or, if sent by post, at the expiration of three days after the date on which it was posted. In proving the giving of notice sent by post it shall be sufficient to prove that the letter containing the notice was properly addressed and posted.

#5. Notice of proposed revocation of a licence

#5. Before revoking a licence under section 11(4), the Board shall serve upon the

relevant licensee a notice in the following form — LOCAL COMPANIES (CONTROL) LAW (Section 11(5)) NOTICE OF INTENTION TO REVOKE A LICENCE TAKE NOTICE that the Immigration Board, in exercise of its powers under section 11(4) of the Law, proposes to revoke the licence of the above company on the ground that the company — The company may submit to the Board a written statement of objections, if any, to the date the Board will proceed with the matter.

Secretary of the Board.

#6. Form of revocation of a licence

#6. The following is the form prescribed for the revocation of a licence under

section 11(4) — LOCAL COMPANIES (CONTROL) LAW (Section 11(4))

Local Companies (Control) Regulations Regulation 7

ORDER OF REVOCATION OF A LICENCE In exercise of the powers conferred upon the Immigration Board by section 11(4) of the company is hereby advised that it may appeal to the Grand Court from this order of revocation in accordance with section 15 of the Law.

Secretary of the Board.

#7. Notification of change of status

#7. Every company licensed under the Law is required forthwith to notify the Secretary

of the Board of any change of status of any of its shareholders by reason — (a) that a shareholder has acquired or has ceased to hold Caymanian status;

(b) that a share transfer has taken place between a person of Caymanian status and a person of non-Caymanian status; or (c) that the company has become aware of a change in the beneficial ownership of any share.

#8. Board to decide status

#8. Where any doubt arises as to the status of any person for the purpose of complying

with regulation 7, the company shall make report to the Board which shall decide the status of such person.

#9. Form of notice of change of status

#9. The following is the prescribed form by which local companies shall notify the

Board of any change in the relevant status of any shareholding —

Regulation 10 Local Companies (Control) Regulations

LOCAL COMPANIES (CONTROL) LAW LOCAL COMPANIES (CONTROL) REGULATIONS (Regulation 7) Please note that since our last communication with the Board relevant thereto, there appears to have been a change of status of the owners of the following share holdings in this company in that — (show how the change arose, whether by change of the status of a shareholder or by change in the ownership of the shares, etc.).

Secretary of the above company Date.

#10. Form of licence

#10. Licences granted under section 11 shall be in the following form —

LOCAL COMPANIES (CONTROL) LAW (Section 11) LICENCE TO A COMPANY TO CARRY ON BUSINESS IN THE CAYMAN ISLANDS the purpose of paragraph (b) of section 4(1) of the Law to carry on the business of This licence is subject to the following conditions — Secretary of the Board.

Local Companies (Control) Regulations Regulation 10

Publication in consolidated and revised form authorised by the Governor in Council this 7th day of July, 1998.

Carmena H. Parsons Clerk of Executive Council