Gazette July 9 2021 – Part A

S.I. 2021 No. 43: Companies (Amendment) Regulations, 2021.

S.I. 2021 No. 44: Societies With Restricted Liability (Amendment) Regulations, 2021.

9th July, 2021

S.I. 2021 No. 43

Companies Act CAP. 308

COMPANIES (AMENDMENT) REGULATIONS, 2021

The Minister, in exercise of the powers conferred on him by section 429 of the Companies Act, makes the following Regulations:

1. These Regulations may be cited as the Companies (Amendment)Regulations, 2021.
2. The Third Schedule to the Companies Regulations, 1984(S.I. 1984 No. 29) is amended by
   1. deleting Form 9 and substituting the Form set out in Part I of the Schedule to these Regulations; and
   2. deleting Form 23 and substituting the Form set out in Part II of the Schedule to these Regulations.

SCHEDULE

(Regulation 2)

PART I

FORM 9

COMPANIES ACT OF BARBADOS

(Sections 66 & 74)

NOTICE OF DIRECTORS OR

NOTICE OF CHANGE OF DIRECTORS

1. Name of Company:
2. Company Number:
3. Notice is given that on the day of , the following person(s) was/were appointed director(s):
   1. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
      Schedule (Cont’d)
   2. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
4. Notice is given that on the day of , the following person(s) ceased to hold office as director(s):
   1. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
   2. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
      Schedule (Cont’d)
5. The current directors of the Company as of the day of , are:
   1. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
   2. Name: Residential Address:
      Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)(b) Office:
      Schedule (Cont’d)
   3. Name: Residential Address:

Occupation: Prominent Public Office: (a) Yes No (Tick as appropriate)

(b) Office:

Name

Title

Signature

Date

(dd-mm-yyyy)

FOR MINISTRY USE ONLY

Company Number:

Filed:

Schedule (Cont’d)

COMPANIES ACT OF BARBADOS

NOTICE OF DIRECTORS OR

NOTICE OF CHANGE OF DIRECTORS FORM 9

INSTRUCTIONS

Format:

Documents required to be sent to the Registrar pursuant to the Act must conform to regulations 31 to 35 of the Regulations under the Act.

Item 1, 2:

Set out the full legal name of the Company and, except where a number has not been assigned, state the Company Number.

Item 3, 4, 5:

With respect to each director:

1. set out the first given name, initial and family name;
2. state the full residential address;
3. specify the occupation clearly, e.g. manager, farmer, geologist; and
4. specify whether a prominent public office is held and, if so, which office.

For the purpose of paragraph (d) under section 2 of the Act, “prominent public office” means any of the following offices in Barbados and includes a corresponding office in a foreign state:

1. the head of state;
2. any judicial office;
3. a Permanent Secretary, deputy Permanent Secretary, a Head of Department or deputy Head of Department;
   Schedule (Cont’d)
4. a Minister, a member of the House of Assembly or a Senator;
5. a chief executive officer, deputy chief executive officer or a member of the Board of a statutory board, a statutory corporation or a state owned enterprise;
6. a senior military officer;
7. a member of the executive of a political party;
8. a chief executive officer, deputy chief executive officer, director, deputy director or a member of the Board of an international organization;
9. any other office, by whatever name called, similar to the offices mentioned in paragraphs (a) to (h).

Signature:

A director or authorised officer of the Company shall sign the notice. Upon incorporation, an incorporator shall sign the notice.

Completed document, in duplicate, is to be deposited at the office of the Registrar.

Schedule (Cont’d)

PART II

FORM 23

COMPANIES ACT OF BARBADOS

(Section 363 to 370)

ARTICLES OF DISSOLUTION

1. Name of Company: Company Number:
2. The Company:has not issued any shares and has no liabilities has no property and no liabilitieshas voluntarily resolved to liquidate and dissolve
3. Documents and records of the Company shall be kept in Barbados for 6 years following the date of dissolution by:Name: Residential Address:
   Occupation:
   NameTitle
   SignatureDate(dd-mm-yyyy)
   FOR MINISTRY USE ONLY
   
   Company Number:
   Filed:
   Schedule (Cont’d)
   COMPANIES ACT OF BARBADOS ARTICLES OF DISSOLUTION FORM 23INSTRUCTIONS
   Format:Documents required to be sent to the Registrar pursuant to the Act must conform with regulations 31 to 35 of the Regulations under the Act.
   Item 1:Set out the full legal name of the Company and the Company Number.
   Item 2:Check the appropriate box for dissolution under section 363, 364 or 366 as the case may be.
   Item 3:Set out the first given name, initial and family name, occupation and business address of the person in Barbados who shall be liable to keep the documents and records of the dissolved Company for 6 years following the date of dissolution and to produce them where required.
   Signature:A director or authorised officer of the Company shall sign the Articles.
   Other Documents:The Articles of Dissolution must be accompanied by:
   1. a copy of the directors resolution required under section 363 of the Act and an affidavit or statutory declaration by a director or officer of the Company to the effect that the Company has not issued any shares and has no liabilities;
   2. a copy of the shareholders’ resolution required under section 364 of the Act, where the Company has no property and no liabilities, and an affidavit or statutory declaration by a director or officer of the Company to the effect that the Company has no property and no liabilities; or
      Schedule (Concl’d)
      
   3. an affidavit or statutory declaration by a director or officer of the Company to the effect that the Company has discharged its obligations, distributed its remaining property among its shareholders according to their respective rights and otherwise complied with section 367(4).

Completed documents, in duplicate, are to be deposited at the office of the Registrar.

Made by the Minister this 23rd day of June, 2021.

R. St.C. Toppin

Minister responsible for International Business and Industry

9th July, 2021

S.I. 2021 No. 44

Societies With Restricted Liability Act CAP. 318B

SOCIETIES WITH RESTRICTED LIABILITY (AMENDMENT) REGULATIONS, 2021

The Minister, in exercise of the powers conferred on him by section 64 of the Societies With Restricted Liability Act, makes the following Regulations:

1. These Regulations may be cited as the Societies With RestrictedLiability (Amendment) Regulations, 2021.
2. Form 9 of the Schedule to the Societies With Restricted Liability

Regulations, 1995 (S.I. 1996 No. 2) is deleted and the form set out in the Schedule to these Regulations is substituted.

SCHEDULE

(Regulation 2)

FORM 9

SOCIETIES WITH RESTRICTED LIABILITY ACT OF BARBADOS

Chapter 318B

(Section 32)

ARTICLES OF DISSOLUTION

1. Name of Society: Society Number:
2. Date Intent to Dissolve filed:
3. The records and other documents of the Society shall be kept in Barbados for 6 years following the date of dissolution by:Name:
   Address:
   Occupation:
   
   Name
   Title
   SignatureDate(dd-mm-yyyy)
   S.I. 2021 No. 44 3Schedule (Cont’d)
   Name
   Title
   SignatureDate(dd-mm-yyyy)
   
   FOR MINISTRY USE ONLY
   
   Society Number:
   Filed:
   SOCIETIES WITH RESTRICTED LIABILITY ACT OF BARBADOS
   ARTICLES OF DISSOLUTION FORM 9INSTRUCTIONS
   Format:Documents required to be sent to the Registrar pursuant to the Act must conform with regulations 6 to 10 of the Regulations under the Act.
   Item 1:Set out the full legal name of the Society and the Society number.
   Item 2:Set out the full date on the Certificate of Intent to Dissolve issued by the Registrar.
   Item 3:Set out the first given name, initial and family name, occupation and business address of the person in Barbados who shall be liable to keep the records and other documents of the dissolved society for 6 years following the date of dissolution.
   
   Schedule (Concl’d)
   Signature:A manager or any 2 members of the Society authorised by other members shall sign the Articles.
   Other Documents:The Articles of Dissolution must be accompanied by
   1. a copy of the members’ resolution required under section 30 of the Act; or
   2. evidence that the period fixed for the duration of the Society has ended in the form of a certiifed copy of the Articles of Organisation or Articles of Amendment, whichever is appropriate; and
   3. an affidavit or statutory declaration by a manager or officer of the Society to the effect that the Society has discharged its obligations, distributed its remaining property among its members according to their respective rights and has otherwise complied with paragraphs (c), (d) and (e) of section 32(2).

Completed documents, in duplicate, and the prescribed fee are to be deposited at the office of the Registrar.

This form is to be signed by a manager or by any 2 members of the Society authorised by other members in accordance with paragraph (a) of section 61(2) of the Act.

Made by the Minister this 23rd day of July, 2021.

R. St.C. Toppin

Minister responsible for International Business and Industry

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Printed and Published by

the Barbados Government Printing Department