(CMR) Walkers Corporate Limited (WCL) has filed a suit against the Minister of Financial Services, the Registrar of Companies, and the Attorney General over request letters sent to the company and its clients on 14 January claiming expired documents and threatening a fine of CI$5,000.
According to court documents, WCL and its clients received over 500 separate letters from the Minister of Financial Services requesting information pursuant to Section 279A of the Companies Act. The Request Letters each assert that there is a “relevant change” for the purposes of Section 255 of the Companies Act upon expiry of a passport, driver's license, or other government-issued documents for any “registrable person.”
The letters also demanded details of correspondence with each registrable person in respect of the said expiry and any restriction notice issued in consequence. The letters threatened administrative fines of Cl$5,000 in the absence of a response within a stipulated timeframe.
In court documents filed, WCL “seeks the determination of the Court as to the meaning and effect of Section 255 and Section 281 D of the Companies Act (2022 Revision)”.
According to WCL, the expiry or renewal from time to time of a passport, driver's license, or other government-issued documents for any registrable person is not a “relevant change” and does not render the required particulars “materially incorrect or incomplete.”
WCL also pointed out that the Companies Act provides that The Registrar shall not impose a fine after the expiration six months after the date on which the Registrar became aware of the occurrence of a breach.
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