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Incorporation

Required Information:

  • Name of Company 
  • Certified copies of Incorporation documents (Certificate of Incorporation, Notice of Change of Address, Articles of Incorporation and Notice of Change of Directors)
  • Date on which the Company intends to commence its business in Grenada
  • Full address of registered or head office
  • Full name, addresses and occupation of the Directors of the Company
  • Supporting Documents (to be prepared by Seon & Associates):
  • A Statutory Declaration by a Director of the Company verifying the particulars of registration
  • A Declaration of Compliance by an Attorney-at-Law that legal requirements are complied with
  • A Power of Attorney by a Director of the Company – appointing someone resident in Grenada to act as Attorney of the company for purpose of receiving service of all process in suits and receiving all lawful notices
  • Consent to Act as Attorney

Required Information:

  • Proposed name(s) of the Company;
  • Preference for the use of the words “Limited”, “Corporation” or “Incorporated” or the abbreviation “Ltd.” “Corp.” or “Inc.”
  • Nature of business the Company is to carry on and any restrictions on such business;
  • The mailing address of the Company;
  • The registered office of the Company;
  • The minimum and maximum number of directors of the Company;
  • The name, address, nationality and occupation of the directors;
  • Whether it is a private or public Company;
  • The class and maximum number of shares that the Company is authorised to issue; and,
  • Restrictions on transfer of shares;
  • Proposed name(s) of the Company;
  • Preference for the use of the words “Limited”, “Corporation” or “Incorporated” or the abbreviation “Ltd.” “Corp.” or “Inc.”

Applying for a Grant of Letters

An attorney can assist you in navigating the probate process, drafting a will or estate plan, representing you in court if necessary, and advising you on how to minimize taxes and protect your assets. They can also assist in resolving disputes among family members and ensuring that your wishes are carried out.

When a deceased died without leaving a will, an intestacy has arisen and therefore the estate will be governed by the relevant provisions of the Intestates Estates Act and the Supreme Court (Non-Contentious Probate and Administration of Estates) Rules. 

Under Grenada laws, there is an order of priority with the first person entitled to apply being the surviving spouse of the deceased; followed by the children of the deceased, and the issue of any child who died before the deceased.  

The following are the first set of documents which are required to be filed to obtain the Grant: 

 

  1. an application for a grant of letters of administration; 

 

(b) a certificate of search confirming that– 

(i) no other grant has been issued; 

(ii) no other application for a grant has been made; or 

(iii) no caveats have been filed;

 

  1. an oath of the Administrator;

 

  1. a certified copy of the death certificate of the deceased;

 

  1. a declaration and account of the estate of the deceased.;

 

  1. a certified copy of the birth certificate or marriage certificate or both of the applicant; and, 

 

  1. bond

 

As a preliminary matter, written correspondence must be submitted to the Registrar requesting a certificate of search listed at (b) above. 

 

Additionally, preliminary correspondence should be submitted to all banking institutions for the purpose of confirming whether the deceased had any dealings, accounts, or safe deposit boxes at these said institutions. This information is required for the declaration stated in clause (e) above, which must contain among other things information on the cash held in accounts and outstanding loan/mortgage balances.

 

If the Deceased died leaving real property assets, copies of the Deeds for each property, along with either Valuations or the most recent Property Tax Demand Notices for each property should also be provided to Counsel.

After the foregoing documents are filed, there is a requirement for an advertisement of the application for the Grant to be published in a local newspaper for two consecutive weeks. After publication of the advertisements, there is a requirement to file copies of the newspapers evidencing publication of the advertisement at the Probate Division of the Supreme Court Registry. 

Thereafter, and provided everything is in order, the application will be considered by the relevant judicial officer and an order for the Grant will be issued for filing. Once the order is filed, the Grant is prepared and filed. Upon receiving the Grant same must then be recorded in the Deeds and Land Registry. 

The process, from the date of filing the application to the date of receipt of the recorded grant takes approximately 6-8 weeks

Applying for Divorce

Legal Requirements for Commencing Divorce Proceedings 

  1. Grenada follows the United Kingdom matrimonial law in divorce proceedings and under these laws, as far as they are applicable to Grenada, the local Courts are accorded jurisdiction to hear and determine a petition for divorce based on certain preconditions. These are that either party to the proceedings is:  
    1. domiciled in the State of Grenada; or,
    2. has been habitually resident in the State of Grenada throughout the period of one year ending with the date of the presentation of the petition. 
  2. The fact that a party is a citizen of Grenada, without more, does not provide the grounding to commence or maintain divorce proceedings in the State of Grenada.  

The singular ground on which a divorce petition can be made is that the marriage has broken down irretrievably. The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the Petitioner satisfies the Court of one or more of the followings facts, that is to say –   

  1. that the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent;
  2. that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent;
  3. that the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  4. that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to a decree being granted;
  5. that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition. 

The following are the documents which are required to be filed to initiate divorce proceedings: 

  1. Petition; 
  2. Notice of Proceedings;
  3. Certificate with Regard to Reconciliation;
  4. Statement of Arrangements for Child(ren), if any;
  5. Consent, if proceeding on the ground of two-year separation with consent. 

After the foregoing documents are filed and issued out of the Supreme Court Registry, same, along an Acknowledgement of Service Form, must be served on the Respondent.

Once service is effected on the Respondent, an Affidavit of Services must be filed at the Supreme Court Registry to prove service. 

The Respondent has the option of file an Answer, disputing the information set out in the Petition. If no Answer is filed, the matter will proceed as undefended.

Counsel for the Petitioner then prepares and files Directions for Trial and the Petitioner Affidavit in support of the Petition. Once these documents are issued out of the Supreme Court Registry, they must also be served on the Respondent or Counsel for the Respondent, if the Respondent is represented by Counsel. Thereafter an affidavit of service must be filed.

The matter is then set for hearing before a Judge. If everything is in order at that hearing the Judge will make Order that a Decree Nisi be issued. 

After the Decree Nisi is issued the Petitioner must wait 6 weeks before applying for a Decree Absolute. When the Court issued the Decree Absolute the marriage is dissolved (ended). 

The timeframe between the commencement of proceedings to the issuing of the Decree Absolute is usually 3-6 months, if everything proceeds normally. 

All ancillary matters, such as property adjustment orders, are dealt with upon a separate ancillary application being made to the Court, post the issuance of the Decree Absolute. 



Registration for Tax

Individual Tax Registration

  • The individual completes the required Government form which is submitted to the IRD for processing;
  • An official letter is provided by IRD on completion of the registration.

 

Company Tax Registration 

  • The required Government form is completed, and the company registration documents are enclosed for submission to IRD;
  • An official letter is provided by IRD on completion of the registration.

 

Notes:

  • An individual’s income must be generated in Grenada to qualify for tax registration.
  • An individual must have a local address in Grenada to complete the tax registration process.

Preparation of Wills

When a person died without leaving a valid Will that person died intestate and his/her Estate will be distributed in accordance with the provisions of the Intestate Estate Act.  

To avoid an intestacy a person needs to leave, upon his/her death, a valid Will.  Below are some issues which should be considered when making a Will.

We recommend that the maker of a Will (hereafter called “the Testator/Testatrix”) identifies either an account (which is not jointly held with another person) from which funeral and testamentary expenses are to be paid; or, in the alternative that cash be specifically set aside by the Testator/Testatrix for the payment of these expenses. 

It is important that the Testator/Testatrix knows and informs counsel of what real and or personal property he/she owns, or has an interest in, when giving instructions to have a will prepared. Please note that any property which is not specifically devised or bequeathed shall form a part of the residue of the Testator’s/Testatrix’s estate. 

While there is no legal obligation on a Testator/Testatrix to devise or bequeath property to family members or dependants, there is no legislation in Grenada similar to the UK Inheritance Provision for Family and Dependants Act 1975. Therefore, if a Testator/Testatrix fails to make provision for a family member or dependant who is reliant on him/her for their maintenance, that family member or dependant will not be able to make a claim for maintenance out of the Estate of the Testator/Testatrix.  

Although there is no limit as to how many Executors a Testator/Testatrix can appoint, it is important to note that in no case may probate be granted to more than four persons in respect of the same part of the estate of the deceased. 

Therefore, if several executors are appointed, one or more of them may prove the will without the consent or renunciation of the others, power being reserved to grant probate to the latter whenever they or any of them shall duly apply for same. 

Any person of full age and capable of making a Will can act as Executor. 

A minor can be appointed an Executor but if he/she is still a minor when a Grant is to be applied for then either (a) in instances where the minor is the sole Executor, a Grant will be issued for his use and benefit, limited until he shall attain the age of 18 years; or, (b) if there are any other Executor(s) named who are over the age of 18, a Grant will be issued to that Executor(s) with power reserved to the minor Executor to take a like grant when he attains the age of 18 years. 

Mental incapacity is a ground upon which an executor may be excluded from obtaining a grant of probate. If the Sole Executor appointed is mentally incapable at the relevant time the practice is to make a grant for his use and benefit. 

  • A Testator/Testatrix should ascertain from the person(s) he/she intends to name as Executor(s) whether he/she/ they is/are willing to undertake the Role. The reason for this is that the role of Executor is quite serious and has certain legal obligations attached to same. For this reason, Executors have the option to renounce the role. It is therefore best to ascertain, either directly or indirectly, whether the person(s) you wish to appoint is/are willing to take on the role. 
  • What information should a Testator/Testatrix provide to the Executor(s)?

At a minimum the Executor(s) should be aware of the whereabouts of the Testator’s/Testatrix’s original Last Will and Testament so that it can be located when the Testator/Testatrix dies.  

Trademark

In order to file for the registration of a trademark in Grenada, the following documents are required:

  • An Authorisation of Agent Form signed by a director or officer of the company. 
  • A list of the goods and services for which registration of the trademark is requested, 
  • An Application Form for registration of the mark(s). and,
  • Four (4) printed hard copy graphic reproductions of each combined or logo/device mark, in colour.  

The application process is approximately 6 months from the filing date.

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