Revised Laws of Saint Lucia (2023)

PART VII
APPLICABLE LAWS

103.   Interpretation of this Part

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    (1)   For the purposes of this Part, “location” in relation to the grantor, means —

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      (a)     the State in which the grantor's sole place of business is located;

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      (b)     if the grantor has a place of business in more than one State, the State in which the central administration of the business of the grantor is exercised; and

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      (c)     if the grantor does not have a place of business, the State in which the grantor has his or her habitual residence.

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    (2)   Without prejudice to subsection (3), references to the location of encumbered property or the grantor under this Part refers —

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      (a)     for creation of a security interest, to the location at the time of the putative creation of the security interest; and

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      (b)     for third-party effectiveness and priority, to the location at the time at which the issue arises or is relevant.

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    (3)   If the right of a secured creditor in the encumbered property is created and made effective against a third party and the rights of the competing claimants are established before a change in the location of the property or the grantor, a reference in this Part to the location of the encumbered property or of the grantor is, with respect to third-party effectiveness and a priority, to the location before the change in location.

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    (4)   A reference to the law of a State as the law applicable to an issue is a reference to the law in force in that State other than its laws governing conflict of laws.

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    (5)   If the law applicable to an issue is the law of a State that comprises one or more territorial units each of which has its own rules of law in respect of that issue —

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      (a)     a reference in this Part to the law of a State means the law in force in the relevant territorial unit; and

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      (b)     the internal conflict-of-laws provisions of that State, or in the absence of such provisions, of that territorial unit determine the relevant territorial unit whose substantive law is to apply.