TRADE AND BUSINESS LICENSING LAW (2018 Revision)

CAYMAN ISLANDS TRADE AND BUSINESS LICENSING LAW (2018 Revision) Supplement No.3 published with Extraordinary Gazette No. 26 of 28th March, 2018. PUBLISHING DETAILS Law 21 of 2014 consolidated with Law 8 of 2017 Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted — Law 21 of 2014-27th November, 2014 Law 8 of 2017-27th March, 2017 Consolidated and revised this 28th day of February, 2018. Page 2 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Arrangement of Sections CAYMAN ISLANDS TRADE AND BUSINESS LICENSING LAW (2018 Revision) Arrangement of Sections Section Page PART 1 - PRELIMINARY 1. Short title and commencement ..................................................................................................5 2. Interpretation .............................................................................................................................5 3. Application .................................................................................................................................9 PART 2 - TRADE AND BUSINESS LICENSING BOARD AND TRADE OFFICERS 4. Establishment of the Board ........................................................................................................9 5. Functions of the Board ...............................................................................................................9 6. Delegation by the Board ............................................................................................................9 7. Trade officers........................................................................................................................... 10 8. Policy directions ....................................................................................................................... 10 9. Composition of the Board ........................................................................................................ 10 10. Appointment and procedure of Board ...................................................................................... 11 11. Disqualification from being a Board member ............................................................................ 12 12. Secretariat ............................................................................................................................... 12 13. Validity of any act .................................................................................................................... 12 14. Duty of confidentiality ............................................................................................................... 12 15. Board members’ interests ........................................................................................................ 13 16. Protection from liability and indemnity ...................................................................................... 13 c Revised as at 28th day of February, 2018 Page 3 Arrangement of Sections Trade and Business Licensing Law PART 3 - LICENSING 17. Requirement for licence ........................................................................................................... 13 18. Application for grant or renewal of a licence ............................................................................. 15 19. Restriction on grant or renewal of a licence ............................................................................. 18 20. Request for additional information ........................................................................................... 19 21. Grant of licence and expedited licence .................................................................................... 19 22. Evidence of licence and public display of licence ..................................................................... 20 23. Validity of licence and renewal fee ........................................................................................... 20 24. Transfer of licence ................................................................................................................... 21 25. Amendment of licence or Register particulars for licence ......................................................... 22 26. Notification of changes of addresses, etc. ................................................................................ 22 27. Surrender of licence................................................................................................................. 22 28. Breaches by licensee ............................................................................................................... 22 29. Suspension or revocation of licence ......................................................................................... 23 30. Revocation order ..................................................................................................................... 24 31. Revocation under Local Companies (Control) Law (2015 Revision) ......................................... 24 32. Register ................................................................................................................................... 25 33. Permission under other Laws................................................................................................... 25 34. Restriction on the use of the word “licensed” ........................................................................... 25 PART 4 - MISCELLANEOUS 35. Ticketable offences .................................................................................................................. 26 36. Appeals Tribunal ...................................................................................................................... 28 37. Appeals from decisions of the Board ........................................................................................ 29 38. Conduct of appeals .................................................................................................................. 29 39. Offences by officers of body corporate ..................................................................................... 30 40. Regulations ............................................................................................................................. 30 41. Repealed ................................................................................................................................. 31 42. Savings and transitional provisions — ..................................................................................... 31 SCHEDULE 1 33 FEES 33 SCHEDULE 2 41 TICKETABLE OFFENCES 41 SCHEDULE 3 43 FORM OF TICKET 43 Page 4 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 1 CAYMAN ISLANDS TRADE AND BUSINESS LICENSING LAW (2018 Revision) PART 1 - PRELIMINARY 1. Short title and commencement 1. (1) This Law may be cited as the Trade and Business Licensing Law (2018 Revision). (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters. 2. Interpretation 2. In this Law — “agricultural product” includes any animal or vegetable product of agriculture or husbandry but excludes animals retailed as pets; “Appeals Tribunal” means the tribunal established under section 36; “Board” means the Trade and Business Licensing Board established under section 4; “Caymanian” has the meaning assigned to that expression under section 2 of the Immigration Law (2015 Revision); c Revised as at 28th day of February, 2018 Page 5 Section 2 Trade and Business Licensing Law “Caymanian owned and controlled” means, in the case of a company, where no less than sixty percent of — (a) the voting rights attached to each class of shares in the company is beneficially held by Caymanians; and (b) the directors of the company are Caymanian, and that sixty percent of the voting rights and directorships is enjoyed by Caymanians, to the exclusion of any other person, and cannot by means of any arrangement, artifice or device be exercised either directly or indirectly by persons who are not Caymanian; “Chairman” means the person appointed under section 9(a)(i) as Chairman of the Board; “Clerk of Court” has the meaning assigned to that expression in section 2 of the Grand Court Law (2015 Revision); “company” means — (a) a company registered under the Companies Law (2018 Revision), including an exempted company; (b) a limited liability company; (c) a non-resident company; and (d) a company, body corporate or corporate entity incorporated under the laws of a jurisdiction outside the Islands; “Department” means the department of Government known as the Department of Commerce and Investment; “Director of Planning” means the person appointed as such under section 4 of the Development and Planning Law (2017 Revision); “exempted company” means an exempted company registered under section 164 of the Companies Law (2018 Revision); “function” includes duty, power and role; “licence” means a licence granted under section 21; “licence fee” means the licence fee referred to in section 18(2)(b)(ix) and in Schedule 1; “licensee” means the holder of a valid licence granted under section 21; “limited liability company” means a limited liability company registered under the Limited Liability Companies Law (2018 Revision); “listed entity” means an entity that, under the Securities Investment Business Law (2015 Revision), has securities listed on a recognised securities exchange; “micro business” means a business that employs less than five persons, not including the owner and has an annual gross revenue of two hundred and fifty thousand dollars or less; Page 6 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 2 “non-LCC Law company” means a company exempted by the Cabinet under section 4(3) of the Local Companies (Control) Law (2015 Revision); “non-resident company” has the meaning given in section 2(1) of the Local Companies (Control) Law (2015 Revision); “premises” includes any place, stall, vehicle or thing from which a business is carried on, irrespective of whether it is fixed or movable or partly fixed or partly movable; “property development” means carrying out work for any or all of the following activities in relation to land (whether by its owner or by someone else with the owner’s consent) with a view to obtaining a reward from selling or leasing the land — (a) constructing or renovating a building or other structure; (b) making a material change (within the meaning of that term under the Development and Planning Law (2017 Revision)) to the use of the land or a building or other structure on the land; or (c) clearing, site works and other activities to prepare for the carrying out of an activity mentioned in paragraph (a) or (b); “public place” includes — (a) a road, footpath, footway, court, square, lane, alley, or thoroughfare of a public nature opened to or used by the public as of right; (b) a place of public recreation; (c) a beach; (d) a public building, public park, public garden or public reserve; (e) a public wharf, pier or jetty; and (f) such other place to which the public has access; “renewal fee” means the renewal fee referred to in sections 18(2)(b)(x) and 23 and Schedule 1; “retailer” includes a person — (a) who offers products as follows for sale directly to the public in small quantities — (i) products bought directly from a merchant (including online or by order); or (ii) products that the person imports; or (b) who manufactures and sells their own products; “secondhand dealer” means any person, subject to any exemptions provided for in any Law, who by way of the internet or otherwise — c Revised as at 28th day of February, 2018 Page 7 Section 2 Trade and Business Licensing Law (a) conducts business which consists wholly or partly of buying or acquiring secondhand articles for the purpose of trade, sale or exchange or otherwise dealing in secondhand articles, including scrap metal or jewellery; (b) conducts business within the Islands and contracts with persons or entities outside of the Islands to purchase or sell any secondhand articles, including scrap metal or jewellery; or (c) carries on the business of taking goods and chattels in pawn within the meaning of sections 2 and 3 of the Pawnbrokers Law (1998 Revision) and as an adjunct to the pawnbroking business acquires, exchanges and disposes of secondhand articles including scrap metal and jewellery, whether or not the person is licensed as a secondhand dealer under this Law, incorporated under the Companies Law (2018 Revision), licensed as a pawnbroker under the Pawnbrokers Law (1998 Revision) or operates by virtue of any other Law; “significant interest”, in a company, means a holding or interest in the company or in any holding company of the company held or owned by a person, either alone or with any other person and whether legally or equitably, entitling or enabling the person, directly or indirectly — (a) to control ten percent or more of the company’s voting rights at its general meetings; or (b) to a share of ten percent or more in — (i) the company’s declared and paid dividends; or (ii) distributions of the company’s surplus assets; “small business” means a business that employs up to a maximum of twelve persons, not including the owner, and which has an annual gross revenue of up to seven hundred and fifty thousand dollars; “trade or business” includes — (a) a trade or business in a category of trade or business set out in Part B of Schedule 1; (b) the carrying out of the following, whether online, seasonally, occasionally or otherwise — (i) a profession, calling, vocation or occupation or trade; (ii) a manufacture, mercantile, wholesale or retail operation; or (iii) any kind of undertaking; and (c) the carrying out of property development; and “trade officer” means a public officer in the Department of Commerce and Investment appointed as such. Page 8 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 3 3. Application 3. This Law does not apply to — (a) any trade or business licensed or registered to be carried on as a trade or business under another Law without reference to this Law, including where that other Law exempts a person to whom it applies from registering, being licensed or paying a fee; (b) the Caymanians who produce and sell agricultural products or cottage industry products, including, for example, jams, jellies, heavy cakes, sauces and thatch work; and (ba) any Caymanian who is self-employed and who creates for sale artistic, dramatic, musical or literary works. (c) artisans, craftsmen and other persons who do not carry on a business of their own but are themselves employed by other persons; (d) self-employed Caymanian fishermen; or (e) any corporation or body which satisfies the Board that it has been formed for purposes of social or public welfare, religion, charity, art or science and that it applies its income and profits solely for promoting such purposes and does not permit the payment of any dividends to its members. PART 2 - TRADE AND BUSINESS LICENSING BOARD AND TRADE OFFICERS 4. Establishment of the Board 4. There is established a Board to be known as the Trade and Business Licensing Board. 5. Functions of the Board 5. The functions of the Board are — (a) the consideration of every application made in accordance with this Law; (b) the grant, renewal, suspension, amendment, revocation or refusal of a licence in accordance with this Law; (c) the enforcement of compliance with the provisions of this Law; and (d) such other functions as may be conferred upon the Board by this or any other Law. 6. Delegation by the Board 6. (1) The Board may delegate to the Department any or all of the Board’s functions under section 5(a), (b) and (c), except for the grant, suspension, revocation and refusal of licences. c Revised as at 28th day of February, 2018 Page 9 Section 7 Trade and Business Licensing Law (2) The Board may co-opt any person to attend any meeting of the Board at which it is proposed to deal with a particular matter, for the purpose of assisting or advising the Board, but a co-opted person shall not have the right to vote. 7. Trade officers 7. (1) The Board shall be assisted by such trade officers as are necessary for the purposes of this Law. (2) Subject to subsection (3), trade officers shall have all the rights, powers, privileges and immunities of a constable when performing the functions of trade officers under this Law. (3) A trade officer shall have the authority and power to carry out such instructions as may be given by the Board or the Department in accordance with this Law and may exercise on behalf of the Board or the Department, any powers granted to the Board by this Law. (3A) The Board or Department may issue trade officers with the arms (other than firearms) and other equipment (including, for example, batons, handcuffs and other protection or restraint devices) necessary to perform their functions. (4) The Chief Officer of the ministry with responsibility for commerce or Chief Officer’s designate shall assign such officers of the Department as is considered necessary, to perform the functions of trade officers under this Law. (5) Each officer assigned under this section shall be provided with an identification card prepared and signed by the Chief Officer or the Chief Officer’s designate and the identification card shall contain the photograph of the respective officer. (6) The Director of the Department shall have the same rights, powers, privileges, and immunities conferred on a trade officer under subsection (2) when performing functions under this Law. 8. Policy directions 8. The Cabinet may, after consultation with the Board, give such general directions as to the policy to be followed by the Board in the performance of its functions under this Law as appear to it to be necessary in the public interest, and the Board shall give effect to any such directions. 9. Composition of the Board 9. The Board shall comprise of — (a) the following persons appointed from the private sector by the Cabinet — (i) a Chairman; (ii) a Deputy Chairman; and (iii) four other members from the private sector; and Page 10 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 10 (b) the following public officers who shall hold office by virtue of their public service appointment — (i) the Director of Commerce and Investment or designate; (ii) the Director of Planning or designate; and (iii) the Director of Environmental Health of the Department of Environmental Health or designate. 10. Appointment and procedure of Board 10. (1) The Chairman, Deputy Chairman and other Board members referred to in section 9(a) may hold office for a period of up to four years and shall be eligible for re-appointment. (2) The Cabinet may appoint any person in the place of the Chairman or any member of the Board where the Chairman or a member of the Board is removed or has vacated the office. (3) The Chairman or any member under section 9(a) may, at any time, resign the office by instrument in writing addressed to the Cabinet and such resignation shall take effect as from the date of receipt of such instrument by the Cabinet. (4) The Board shall meet as may be necessary or expedient for the transaction of business and such meetings shall be held at such places and times and on such days as the Chairman may determine. (5) If the Chairman is absent from a meeting the Deputy Chairman shall preside and if both the Chairman and the Deputy Chairman are absent the members present at the meeting shall elect one of their numbers to preside as Chairman. (6) The quorum for meetings of the Board shall be five members including the Chairman. (7) The decisions of the Board shall be by a majority of votes of members present and voting and, in addition to an original vote, the Chairman shall have a second or casting vote in any case in which the voting is equal. (8) The Board shall have the power to delegate its duties and powers to consider expedited licences from time to time to a sub-committee comprised of at least three of its members, the majority of whom shall be members from the private sector, and the decisions of a subcommittee shall be by a majority of votes of members present and voting and, in addition to an original vote, the presiding member shall have a second or casting vote in any case in which the voting is equal. (9) Minutes in proper form of each meeting shall be kept by the Secretariat and shall be confirmed by the Chairman as soon as practicable at a subsequent meeting. (10) Members of the Board or a sub-committee of the Board may participate in a meeting of the Board or of the sub-committee, as the case may be, by means of c Revised as at 28th day of February, 2018 Page 11 Section 11 Trade and Business Licensing Law a conference telephone, computer or similar equipment providing real time communication and allowing the participants in the meeting to communicate with each another at the same time, and participation by such means shall constitute presence in person at the meeting of the Board or sub-committee. (11) The Board may, subject to this Law, make such rules as it thinks fit to regulate its procedures, its own internal management and the procedures and management of any subcommittee of the Board and at its first meeting shall approve and adopt standing orders that will govern procedure in connection with its meetings. (12) For the purposes of this Part, “minutes” includes any electronic record or transcript of votes or decisions made during a meeting that takes place by means of conference telephone, computer or similar equipment. 11. Disqualification from being a Board member 11. (1) A person who is an elected member of the Legislative Assembly or a member of the Cabinet shall not be appointed as a member of the Board or, where already appointed, remain as a member of the Board. (2) Members of the Board shall hold office at the Cabinet’s pleasure. 12. Secretariat 12. (1) The Department is designated as the Secretariat to the Board. (2) The Secretariat shall be responsible for the day to day administration of the Board and, to the extent of the authority delegated to it by the Board, shall be responsible for the carrying out of the administrative duties of the Board, and shall provide the secretary who shall record and keep the minutes of all meetings, proceedings and decisions of the Board. 13. Validity of any act 13. The validity of any act or proceeding of the Board shall not be affected by any vacancy among its members, or by any defect in the appointment of a member. 14. Duty of confidentiality 14. (1) The facts and particulars of, or relating to, any matter falling for consideration by the Board or any decision of the Board shall be treated as confidential by each Board member and by any person to whom the Board delegates its functions and any such facts or particulars shall not be disclosed otherwise than in the proper performance of duties under this Law or in compliance with an order of a court or tribunal of competent jurisdiction. (2) The failure of any Board member or any person to whom it delegates its functions to comply with subsection (1) is an offence and constitutes sufficient ground for the termination of the appointment. Page 12 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 15 (3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both. (4) Any allegation of a breach of subsection (1) shall be fully investigated by a constable of the rank of Inspector or above. 15. Board members’ interests 15. Where a Board member has a personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Board, the member shall, if present at the duly constituted meeting of the Board at which such matter is to be determined, as soon as practicable after the commencement of the meeting, disclose the fact and leave the meeting. 16. Protection from liability and indemnity 16. (1) A Board member shall not be liable in damages for anything done or omitted in the discharge or purported discharge of the member’s functions, responsibilities, powers and duties under this Law unless it is shown that the act or omission was in bad faith. (2) The Government shall indemnify a Board member against all claims, damages, costs, charges or expenses incurred by that member in the discharge or purported discharge of the member’s functions, responsibilities, powers and duties under this Law, except claims, damages, costs, charges or expenses caused by the bad faith of that Board member. PART 3 - LICENSING 17. Requirement for licence 17. (1) A person shall not carry on a trade or business in or from within the Islands unless that person holds a valid licence issued under this Law for each type of trade or business that the licensee is carrying on and in respect of each location from which such trade or business is being carried on, except where the provisions of this Law do not apply to the person. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction — (a) in the case of a first offence to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both; or (b) in the case of a second or subsequent offence to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both. (3) Where the Board reasonably suspects or is informed that a person is contravening subsection (1), a trade officer may lay before a Magistrate or a c Revised as at 28th day of February, 2018 Page 13 Section 17 Trade and Business Licensing Law Justice of the Peace an information on oath setting out the grounds for the suspicion and apply for the issue of a warrant to search the premises. (4) Where an application is made under subsection (3) for a warrant, the Magistrate or Justice of the Peace may issue a warrant authorising the trade officer to enter upon the premises, and search and inspect the premises with such assistance, including assistance from a police officer, and by such force as is necessary and reasonable, and to — (a) examine, inspect, make copies of, seize or remove any document or record that the trade officer or police officer has reasonable grounds to believe is evidence of the commission of an offence; and (b) seize any equipment or other property found on the premises in the course of the search that the trade officer or police officer has reasonable grounds to believe is being used in the commission of an offence under this Law. (5) A licensee shall take steps to remove or discontinue any advertising pertaining to a trade or business that is in contravention of this section as soon as practicable and in any event not exceeding thirty days from the date of receipt of notification to remove or discontinue advertising in such form as may be prescribed. (6) A person who — (a) destroys or alters, or causes to be destroyed or altered, any document, record, equipment or other property found on the premises in the course of a search under subsection (4); (b) hinders, obstructs, prevents or interferes with a trade officer or police officer in the exercise of a power under this section; or (c) fails to remove all advertising in contravention of subsection (5), commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of one year, or to both. (7) Any document, record, equipment or other property seized under a search warrant under this section shall — (a) where legal proceedings are not commenced within a period of thirty days from the date of seizure of the document, record, equipment or other property be returned to the owner; or (b) where legal proceedings are commenced within a period of thirty days of the seizure, be kept until the conclusion of those proceedings. (8) Where any document, record, equipment or other property is seized under this section, every effort shall be taken by the trade officer or the police officer to store the seized item in a place and condition that is appropriate for preserving it. (9) Where a person is convicted of an offence under this Law in respect of any document, record, equipment or other property seized under this section, the Page 14 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 18 court may order the forfeiture of that document, record, equipment or other property seized. (10) Any equipment forfeited under this section is to be disposed of by way of an open sale, where practicable. (11) Any net income derived from an open sale under subsection (10) shall be deposited into the general revenue of the Islands. 18. Application for grant or renewal of a licence 18. (1) Any person carrying on a trade or business shall, unless excluded from the application of this Law, apply to the Board for the grant or renewal of a licence in accordance with the respective categories of trade or business set out in Part B of Schedule 1. (1A) A company can only apply for the grant or renewal of a licence if it — (a) is Caymanian owned and controlled; (b) holds, or has applied for, a licence under the Local Companies (Control) Law (2015 Revision); or (c) is a non-resident company, non-LCC Law company, exempted company or limited liability company. (2) An application pursuant to subsection (1) shall be — (a) submitted to the Board through the Department in the prescribed form; and (b) accompanied by — (i) in the case of a company the following particulars — (A) the number and par value of each class of shares issued by the company; (B) the voting and other rights attached to each class of shares; (C) a statement of the number and par value of each class of shares beneficially owned by Caymanians; (D) a statement of the number and par value of each class of shares held by persons who are not Caymanian; and (E) a statement that the effective control, benefit and 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 as specifically shown in the return of shareholdings; (ia) in the case of a company that is at least one year old, a stamped copy of the company’s annual return and a return of shareholdings containing the particulars listed in subparagraphs (i)(A) to (E); (ii) evidence of status as a Caymanian, if any, of — c Revised as at 28th day of February, 2018 Page 15 Section 18 Trade and Business Licensing Law (A) the applicant, where the applicant is an individual; (B) any individual who has a legal or beneficial interest in the company, where the applicant is a company; or (C) each individual who is a partner in the firm, where the applicant is a firm; (iii) in the case of an application for the grant of a licence only, a police clearance certificate for — (A) the applicant, where the applicant is an individual; (B) all individuals who have a significant interest in, or who are directors of, the applicant, where the applicant is a company other than a listed entity; or (C) each individual who is a partner in the firm, where the applicant is a firm; (iv) in the case of an application for the grant of a licence only — (A) a reference for the applicant from a financial institution; or (B) a bill in the applicant’s name for the provision of utility services within the meaning of that term under section 2 of the Utility Regulation and Competition Law (2018 Revision); (v) where the applicant will be carrying on business in a public place, evidence of the approval of the relevant authority to carry on business in such a place; (vi) where permission is required under any Law in force in the Islands relating to planning, evidence of such permission; (vii) evidence of compliance with the Law relating to employee pensions in force in the Islands, where the application is for renewal; (viii) evidence of compliance with the Law relating to employee health insurance in force in the Islands where the application is for renewal; (ix) the non-refundable application fee specified in Schedule 1 to be paid to the general revenue of the Islands; (x) the licence fee specified in Schedule 1 or, subject to section 23(2), the renewal fee specified in Schedule 1 to be paid to the general revenue of the Islands or a waiver of the licence fee in writing from the Cabinet; and (xi) such other information relating to the application as may be deemed necessary by the Board for the consideration of the application or as may be prescribed. (3) An application for the renewal of a licence shall be made at least twenty-eight days before, but not more than three months before, the date of expiry of the licence. Page 16 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 18 (4) Repealed by S.7(e) of the Trade and Business (Amendment) Law, 2017 [Law 8 of 2017]. (5) Where an incomplete application is submitted under subsection (1), the Board may require an applicant to complete and re-submit the application, subject to payment of the re-submission fee specified in Schedule 1. (6) The Board may take such steps to carry out due diligence procedures with regards to any director or any person who has a beneficial interest in a trade or business for which an application for the grant or renewal of a licence is made under this Law. (7) The Cabinet may waive the licence fee for an individual trade or business or the trades or businesses in a sector or an industry set out in Part B of Schedule 1 where the Cabinet determines it is in the public interest to do so. (8) A person shall not — (a) in relation to any application submitted pursuant to this section; or (b) in relation to any information or particulars that the person is required to furnish pursuant to this section, make any representation or statement that the person knows is false or misleading in a material particular. (9) A person who contravenes subsection (8) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of one year or to both. (10) In this section — “beneficial interest”, in a company, includes a share in the company, or if the company is a limited liability company, an LLC interest in it within the meaning of that term under section 5 of the Limited Liability Companies Law (2018 Revision); “financial institution” has the meaning given in section 182(1) of the Proceeds of Crime Law (2018 Revision); and “required clearance document”, for an individual, means the following document made within 6 months before the application for grant or renewal in question — (a) an affidavit by the individual swearing that the individual has no convictions if — (i) the individual has been residing in a country or territory that does not give police clearance certificates; or (ii) the individual has been residing in the Islands for less than six months; or (b) otherwise, an original police clearance certificate issued under section 144(4) of the Police Law (2017 Revision). c Revised as at 28th day of February, 2018 Page 17 Section 19 Trade and Business Licensing Law 19. Restriction on grant or renewal of a licence 19. (1) A licence shall not be granted or renewed by the Board under this Law where the Board is satisfied that — (a) the applicant — (i) is a person who is not Caymanian as defined by the Immigration Law (2015 Revision) and does not hold a work permit as defined by the Immigration Law (2015 Revision); (ii) is adjudged bankrupt or suspended payment to or compounded with the applicant’s creditors; (iii) is, under this or any other Law, disqualified from holding the licence sought; (iv) is non-compliant with this Law or with any other Law regulating the applicant, including Laws relating to pensions, health insurance, labour relations, environmental health or planning in the Islands and is not taking the necessary actions to resolve such non- compliance; or (v) is a company that is not — (A) a Caymanian owned and controlled company; (B) the holder of a licence under the Local Companies (Control) Law (2015 Revision); or (C) a non-resident company, non-LCC Law company, exempted company or limited liability company. (b) the Chief Medical Officer has, on the grounds of public health in relation to the premises in which the applicant proposes to carry on the trade or business, objected to the grant of a licence to the applicant; or (c) the grant or renewal of the licence would be contrary to the public interest. (2) The Board may refuse to grant a licence to a person or where a person has already been granted a licence, revoke the licence where, in the Board’s opinion, the person is carrying on or intending to carry on trade or business under a name which is likely to mislead persons because it is — (a) identical to the name of any other person carrying on trade or business, whether in the Islands or not, or so nearly resembles that name as to be calculated to deceive; (aa) identical or similar to a registered trade mark unless it is established that the trade or business is the owner of the trade mark or it has a licence to use the trade mark; (b) calculated to suggest, falsely, the patronage of or connection with some person or authority, whether in the Islands or not; or Page 18 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 20 (c) calculated to suggest, falsely, that such person has a special status in relation to, or derived from, the Government or has the official backing or acts on behalf of the Government or any department, branch, agency or office of Government. 20. Request for additional information 20. (1) Where an application is submitted to the Board pursuant to section 18, the Board may, within twenty-eight days of the receipt of the application request additional information from the applicant that it deems necessary for the purpose of considering the application. (2) Where the Board makes a request for information pursuant to subsection (1), the applicant shall submit that information within fourteen days of the request or within a further period of time as may be requested by the applicant and granted by the Board in writing. (3) The Board shall not unreasonably refuse to give a further time period under subsection (2). (4) Where the applicant has not submitted the additional information within the timeframe outlined in subsection (2) the Board shall — (a) cease considering the application; (b) return the application to the applicant along with the licence fee; (c) give the applicant the reason in writing for the Board’s decision to cease considering the application; and (d) where the applicant was a licensee at the time of the application, give the status of the applicant’s licence and the steps that the applicant needs to take to have the licence reinstated and to be otherwise in compliance with this Law. (5) Where the Board returns an application under subsection (4) and the applicant wishes to re-apply, he shall pay to the general revenue of the Islands the fees referred to in sections 18 (2)(b)(ix) and 18(2)(b)(x). (6) Where an application for renewal has been returned under subsection (4), the respective licence shall be deemed to be suspended or revoked by the Board and section 29(6) or (7), as the case may be, shall apply. 21. Grant of licence and expedited licence 21. (1) The Board shall, within ninety days of submission or resubmission of an application for a new licence or the receipt of information requested pursuant to section 20, whichever is later, grant or refuse a licence and shall notify the applicant of the grant or refusal and give reasons in writing where the licence is refused. c Revised as at 28th day of February, 2018 Page 19 Section 22 Trade and Business Licensing Law (2) The Board shall, within thirty days of submission or resubmission of an application for the renewal of a licence or the receipt of information requested pursuant to section 20, whichever is later, renew a licence or refuse to renew a licence and shall notify the applicant of the renewal or refusal to renew and give reasons in writing where the renewal is refused. (3) In the event of the Board refusing to grant or renew a licence, the fee paid pursuant to section 18(2)(b)(x) shall be refunded to the applicant. (4) The Board may, by order, attach such conditions or restrictions on licences generally or to licences granted to a sector or an industry as it deems fit. (5) Notwithstanding subsection (1) or (2), the Board, on receipt of an application for an expedited licence or renewal of a licence which is accompanied by an expedited licence fee of the amount specified in Schedule 1 and otherwise in accordance with the requirements under section 18, shall grant, renew or refuse the licence within five business days of receiving an eligible application. (6) Notwithstanding the provisions in section 6, determinations on applications for expedited licences shall be taken by a subcommittee of the Board, such subcommittee being comprised of at least three members of the Board. (7) The Cabinet may make regulations setting out the criteria for the grant of an expedited licence in such sectors or industries as the Cabinet may specify. (8) A licensee who fails to comply with a condition or restriction commits and offence and is liable on summary conviction to a fine of five thousand dollars. 22. Evidence of licence and public display of licence 22. (1) A licence granted or renewed under this Law shall be evidenced by a certificate in the prescribed form and the licence shall be framed by the licensee and publicly displayed on the premises to which such licence relates. (2) A licensee who fails to display the licence as required under subsection (1) commits an offence and is liable on summary conviction to a fine of five hundred dollars. 23. Validity of licence and renewal fee 23. (1) Subject to — (a) the voluntary surrender of a licence under section 27; (b) the suspension or revocation of a licence under section 29; (c) the revocation of a licence under section 30; or (d) the revocation of a licence under section 31, a licence shall be valid for the period specified in the licence. (2) A licensee who fails to pay the renewal fee within twenty-eight days after the expiry date of the licence shall, unless the Board waives it, pay to the general Page 20 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 24 revenue of the Islands a surcharge not exceeding twenty-five per cent of the renewal fee specified in Schedule 1 for every month or part of a month that the renewal fee is not paid, such amount not exceeding the renewal fee. (3) If the renewal fee referred to in subsection (2) is not paid and the licensee continues to operate the trade or business, in addition to any criminal penalties to which the licensee is liable, the unpaid renewal fee may be sued for by the Board by action as a civil debt and the Board may require, and the court may order, the payment of any surcharge accrued under subsection (2) in respect of the late payment of the renewal fee. (4) Where the renewal fee is not paid for a period of five months a licence shall be suspended or revoked by the Board and section 29(6) or (7), as the, case may be, shall apply. 24. Transfer of licence 24. (1) A licensee shall not transfer or assign a licence to any other person, including a company. (2) Notwithstanding subsection (1), a person owning or holding a significant interest in a licensee shall not sell, transfer, charge or otherwise dispose of that person’s interest in the licensee, or any part of that person’s interest, unless — (a) the licensee is a listed entity and the disposition is a trade in its securities on a recognised securities exchange under the Securities Investment Business Law (2015 Revision); or (b) the person has the Board’s prior written approval. (3) A licensee shall not, unless with the written approval of the Board — (a) cause, permit or acquiesce in a sale, transfer, charge or other disposition referred to in subsection (2); or (b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of its share capital that results in — (i) a person acquiring a significant interest in the licensee; or (ii) a person who already owns or holds a significant interest in the licensee, increasing or decreasing the size of that person’s interest. (4) Repealed by S.9(b) of the the Trade and Business (Amendment) Law, 2017 [Law 8 of 2017]. (5) The Board shall not unreasonably withhold the approval required under subsections (2) or (3). (6) Notwithstanding anything in this section, where a sale, transfer, charge or other disposition referred to in this section is as a result of an internal reorganisation of a body corporate that constitutes ultimate transfer of control of a licensee, a c Revised as at 28th day of February, 2018 Page 21 Section 25 Trade and Business Licensing Law new licence will be required in addition to the prior written approval of the Board. (7) Repealed by S.9(b) of the the Trade and Business (Amendment) Law, 2017 [Law 8 of 2017]. 25. Amendment of licence or Register particulars for licence 25. (1) The Board may make the following amendments to or relating to a licence, if the licensee applies to it to do so — (a) amendments to the licence, except in a way that has the effect of transferring or assigning the licence; or (b) amendments to a particular mentioned in section 32(2) relating to the licence. (2) The application shall be in the prescribed form and accompanied by the amendment fee specified in Schedule 1 made payable to the general revenue of the Islands. 26. Notification of changes of addresses, etc. 26. (1) A licensee who, during the currency of the licence, changes address or, being a corporation, its corporate identity or the scope of its trade or business shall notify the Board no later than thirty days after such change of address, corporate identity or scope. (2) A licensee who fails to notify the Board in the circumstances set out in subsection (1) commits an offence and shall be liable on summary conviction to a fine of five hundred dollars. 27. Surrender of licence 27. A licensee shall, within thirty days of voluntarily ceasing to carry on a trade or business, give notice in writing to the Board and surrender the licence which shall be deemed to be invalid from the date the licensee ceased to carry on the trade or business or such other date as may be determined by the Board. 28. Breaches by licensee 28. (1) Where the Board or Department reasonably suspects that a licensee is in breach of any provision of this Law, the Board or Department may conduct any investigation it considers necessary in relation to the licensee and may upon obtaining a warrant perform any of the following in the course of such investigation — (a) enter any premises for the purpose of ascertaining compliance with this Law; (b) compel the production of books, records and documents in the custody or control of the licensee; Page 22 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 29 (c) compel the appearance of an employee or officer of a licensee or any other person for the purpose of ascertaining compliance with this Law or the relevant licence; (d) inspect, examine or make copies of any book, record or document in the possession of the licensee relevant to the licence held by the licensee;

(e) require verification of income and all other matters pertinent to the licence; and (f) seize or remove any document or records relating to the licence for the purpose of examination and inspection. (2) A person shall not — (a) hinder, obstruct, prevent or interfere with the Board in the exercise of a power pursuant to this section; (b) fail without reasonable excuse to answer any question relating to any register, book, record or other document or any relevant matter when required to do so by the Board under subsection (1); or (c) provide false or misleading information to the Board that leads to an investigation or during the course of an investigation. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of one year, or to both. (4) Where, after an investigation under this section, the Board finds that — (a) the allegations or suspicions under subsection (1) are substantiated, the Board shall so notify the licensee of its findings and, where appropriate, issue directions to the licensee requesting the licensee to stop the breach and take remedial action within a specific time period; or (b) where the allegations under subsection (1) are found by the Board to be unsubstantiated, the Board shall cease its investigations. (5) A licensee who fails to comply with a direction of the Board given pursuant to subsection (4)(a) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (6) Any document or record seized or removed under this section for the purpose of examination or inspection shall be returned promptly on completion of the examination or inspection. 29. Suspension or revocation of licence 29. (1) Notwithstanding section 28(5), where a licensee fails to comply with any direction given by the Board under section 28(4), the Board may suspend or revoke the licence. c Revised as at 28th day of February, 2018 Page 23 Section 30 Trade and Business Licensing Law (2) Prior to the suspension or the revocation of a licence pursuant to subsection (1) or section 20, the Board shall give the licensee notice in writing of the intention to do so, specifying the grounds on which the Board considers that the licence ought to be suspended or revoked and shall require the licensee to submit to it, within a specified period being not less than fourteen days of receipt of the notice by the licensee, a written statement of objection to the suspension or revocation, where the licensee intends to object to the suspension or revocation. (3) A notice issued under subsection (2) shall be served on a licensee — (a) personally or at the licensee’s registered office; or (b) if service is not possible in accordance with paragraph (a), by notice published in the Gazette and in any other medium as the Board determines. (4) The Board shall, where it has considered a statement of objection submitted pursuant to subsection (2), inform the licensee of its decision and shall give the reasons for its decision in writing. (5) A person aggrieved by the decision of the Board under subsection (4) shall have the right of appeal under section 37. (6) A licence that is revoked is invalid. (7) A licence that is suspended is invalid for the period during which it is suspended. (8) The Board shall, by notice published in the Gazette and any other medium as the Board determines, inform the public of the suspension or revocation of a licence pursuant to this section. 30. Revocation order 30. (1) In the event of a licensee under this Law being convicted of any offence connected with the conduct of the licensee’s trade or business licensed under this Law, the convicting court may order that the licence be revoked and may order that the licensee be disqualified for a period not exceeding three years from applying for the grant of any new licence for any business. (2) The Clerk of the Court shall forthwith give notice to the Board of the making of the order under subsection (1). (3) No refund of any licence fee shall be payable as the result of such revocation under subsection (1). 31. Revocation under Local Companies (Control) Law (2015 Revision) 31. In the event of a revocation under the Local Companies (Control) Law (2015 Revision) of a licence under that Law authorising the holder to carry on any trade or business in respect of which the holder also holds a licence under this Law, such revocation shall by that fact itself revoke the licence under this Law and no refund of any licence fee shall be payable as a result. Page 24 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 32 32. Register 32. (1) Subject to subsection (2), the Board shall keep and maintain a register of all licensees, in such form as may be determined by the Board. (2) The Board shall record the following particulars in the Register for each licensee — (a) the name of the licensee; (b) the postal address of the licensee; (c) the address of the premises at which the trade or business is being carried out; (d) the category of the licence; (e) the date of expiry of the licence; and (f) the terms and conditions of the licence. (3) Subject to subsection (4), the Board shall allow — (a) the public access to the Register and shall take such steps as may be necessary to give effect to this; and (b) a person to inspect the Register and make a copy of any part of the Register on payment of the inspection fee specified in Schedule 1. (4) Nothing in this section shall be read as repealing any provision of a Law that restricts access to records. 33. Permission under other Laws 33. (1) A licence issued pursuant to this Law shall not have the effect of dispensing with the necessity of obtaining permission where such permission is required pursuant to any other Law. (2) In this section “permission” includes registration, licence, authorisation and permit. 34. Restriction on the use of the word “licensed” 34. (1) A licensee shall not use the word “licensed” in juxtaposition with any word describing a trade or business carried on by the licensee on the ground only that the licensee is licensed under this Law. (2) A licence under this Law has no relevance to the qualification, skill or financial stability of the licensee. (3) A licensee who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of one year, or to both. c Revised as at 28th day of February, 2018 Page 25 Section 35 Trade and Business Licensing Law PART 4 - MISCELLANEOUS 35. Ticketable offences 35. (1) Notwithstanding any other provision of this Law, the offences set out in Schedule 2 are designated as ticketable offences. (2) The payment of the fixed penalty stated on the ticket up to twenty-eight days after being served is an option to discharge liability to conviction for the offence set out on the ticket. (3) Where a person is served with a ticket under this section in respect of an offence set out in Schedule 2, criminal proceedings in respect of the act that constitutes the offence specified on the ticket, shall not commence except where the fixed penalty remains unpaid after twenty-eight days of the service of the ticket. (4) Payment of a fixed penalty under this section shall be made to the Department and all fixed penalties paid under this Law shall, unless otherwise expressly stated, form part of the general revenue of the Islands. (5) In any proceedings, a certificate that payment of the fixed penalty was or was not made to the Department by the date specified in the certificate shall, where the certificate is signed by the Director, be sufficient evidence of the facts stated unless the contrary is proved. (6) A ticket shall be in the form set out in Schedule 3 and shall — (a) contain a statement signed by the trade officer certifying that the trade officer has reason to believe that an offence has been committed under this Law; (b) include a summary of the facts of the offence and the specific section of this Law that has been contravened; (c) indicate with reasonable precision, having regard to all the circumstances, the time and place at which the offence was committed; (d) set out the fixed penalty for the offence; (e) set out the options that the person served with the ticket has in responding to it and the time within which the person shall respond; (f) state the period of time during which proceedings will not be commenced for the offence; (g) require the person, in the event that the fixed penalty is not paid nor the plea under subsection (12) entered within the period specified in the notice, to attend before the summary court to enter a plea on such date as may be specified, the date being not earlier than ten days after the expiration of the period specified in subsection (3); and (h) state that the ticket may be used as the evidence of the Department. (7) The fixed penalty for ticketable offences shall be as specified in Schedule 2. Page 26 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 35 (8) Service of a ticket on the person whom a trade officer has reason to believe committed an offence is effected by the trade officer delivering a copy of the ticket to the person or by leaving it at the last known place of business or abode of the person or by sending it by registered mail to the last known place of business or abode of the person. (9) A trade officer who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the date set out in the certificate, served on the person whom the trade officer had reason to believe committed the offence and the certificate shall be evidence that, on the date set out in the certificate, a ticket was served on the person whom the trade officer had reason to believe committed the offence. (10) A person may pay the total amount set out in the ticket in accordance with subsection (11), enter a “not guilty” plea in accordance with subsection (12) or attend the summary court on the date set out on the ticket and enter a plea. (11) The payment of the total fixed penalty within twenty-eight days of being served constitutes a discharge from liability for conviction for the offence. (12) A person who is served with a ticket who wishes to enter a “not guilty” plea may request a trial by signing the request for trial on the ticket and delivering it to the Clerk of Court within twenty-eight days of being served with the ticket and the Clerk shall enter the plea of “not guilty”. (13) As soon as practicable after a person requests a trial under subsection (12), the Clerk of the Court shall notify the Department of the request, request the duplicate ticket, fix the time and place of the trial and notify the defendant and the prosecution of the time and place of the trial. (14) A person who has been served with a ticket under this section and has not exercised any of the options referred to in subsection (10) or (12) shall attend at the court on the date specified in the ticket which shall be no earlier than thirty- eight days after the date that the ticket was served on the person and the notice of the court date on the ticket shall be notice to the defendant and the prosecution of the same. (15) The Department shall, within forty-eight hours, file with the Clerk every ticket that remains unpaid after twenty-eight days of having been served. (16) A ticket filed with the Clerk of Court is evidence of the facts alleged in the ticket without proof of the signature or official character of the person appearing to have completed the ticket or the person on whom the ticket was served. (17) Except as otherwise provided, a notice or document required or authorised to be given or delivered under this section may be given or delivered personally by registered mail or by other prescribed means. (18) Evidence that a notice or document required or authorised to be given or delivered to a person under this section was sent by registered mail or any other c Revised as at 28th day of February, 2018 Page 27 Section 36 Trade and Business Licensing Law prescribed means to the person at the last known place of abode or business address appearing on a ticket, certificate of service or other document in the court file, is sufficient evidence that the notice or document was given or delivered to the person, unless the contrary is proved. (19) A person who is convicted of a ticketable offence in a trial requested under subsection (12) or in a trial as a result of a failure to exercise the options under subsection (10) may be liable to a fine greater than the fixed penalty provided for that ticketable offence but not exceeding the maximum fine provided for that offence under this Law. (20) The ticket, for the purposes of a trial under subsection (12) and subsection (14), is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2017 Revision). (21) Notwithstanding anything in law to the contrary, where the ticket remains unpaid at the expiration of the time specified for the payment of the fixed penalty or where the person served requests a trial the ticket shall be deemed to be a summons issued in accordance with section 15 of the Criminal Procedure Code (2017 Revision). (22) Proceedings in respect of an offence deemed to be instituted by a ticket under this Law shall not be listed for hearing in Court unless — (a) the trade officer delivers the duplicate of the ticket with an endorsement stating that the fixed penalty had not been received within the twenty- eight-day period within which it was payable; and (b) a period of ten days has elapsed from the last day on which the fixed penalty was payable. (23) Where the fixed penalty is not paid within the time specified in the ticket or the person served requests a trial, proceedings in respect of the offence specified in the ticket shall be in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2017 Revision). 36. Appeals Tribunal 36. (1) For the purposes of this Law, there is established an Appeals Tribunal which shall comprise the following members — (a) a Chairman who shall be an attorney-at-law; (b) a Deputy Chairman; and (c) three other members, all of whom shall be appointed by the Cabinet for a period not exceeding two years. (2) For the purpose of exercising its jurisdiction under this Law, the Appeals Tribunal shall sit and be duly constituted to hear and determine appeals with Page 28 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 37 three of its members sitting together, one of whom shall be the chairman or in the absence of the Chairman, the Deputy Chairman. (3) The Chairman or, in absence of the Chairman, the Deputy Chairman shall preside over meetings of the Appeals Tribunal. (4) The Cabinet shall appoint a person to be the secretary to the Appeals Tribunal who shall record and keep all minutes of the meetings, proceedings and decisions of the Appeals Tribunal, and such secretary shall have no right to vote. (5) The Appeals Tribunal shall meet at such times as may be necessary or desirable in the public interest. (6) If a member of the Appeals Tribunal has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Tribunal, the member shall, if present at the meeting of the Tribunal at which such matter is to be determined, as soon as practicable after the commencement of the meeting, disclose the fact, and shall not take part in the consideration or discussion of such matter or vote on any question with respect to the matter. (7) The Appeals Tribunal shall reach its decision by a majority of votes of its members present and voting at a meeting and the Chairman or Deputy Chairman or other member of the Appeals Tribunal presiding at the meeting shall, in addition to the original vote, have a casting vote. (8) Subject to subsections (3) to (7), and sections 37 and 38, the Appeals Tribunal shall regulate its own procedure. 37. Appeals from decisions of the Board 37. (1) A person aggrieved by, or dissatisfied with, a decision of the Board made under this Law may, within twenty-eight days of the communication of the decision, or such longer period as the Appeals Tribunal may allow for good cause shown, appeal against that decision to the Appeals Tribunal. (2) For the purposes of subsection (1), the decision shall, if notice of it is sent to a person by registered mail, be deemed to have been communicated to the person at the time at which it would have been received. 38. Conduct of appeals 38. (1) Appeals under section 37 shall be by notice in writing addressed to the Appeals Tribunal, and shall specify — (a) the decision against which the appeal is made; (b) the Board’s reasons for its decision; (c) the grounds of the appeal; and (d) whether the appellant wishes to be heard personally or by a representative, and the notice of appeal shall be accompanied by the non-refundable processing c Revised as at 28th day of February, 2018 Page 29 Section 39 Trade and Business Licensing Law fee specified in Schedule 1. (2) On receipt of the notice of appeal, the Appeals Tribunal shall, where the appellant has applied to be heard personally or by a representative, decide whether the appellant shall be so heard and, if it is so decided, fix a time and date for such hearing and shall notify the appellant and the Board thereof. (3) At the hearing of an appeal where the appellant or the appellant’s representative is present, the appellant or the representative shall be given an opportunity to address the Appeals Tribunal, and a representative of the Board shall be heard in answer if called upon by the Appeals Tribunal in that behalf, and the Appeals Tribunal may call upon either party to address it further. (4) Representatives of either party need not be persons having legal qualifications. (5) The decision of the Appeals Tribunal shall be communicated to the appellant and the Board no later than twenty-eight days after the hearing. (6) On an appeal, the Appeals Tribunal may make such order in accordance with this Law as it thinks fit. (7) An appeal may be made to the Grand Court from a decision of the Appeals Tribunal on a point of law only. (8) The Cabinet may make regulations prescribing the procedure and forms to be used for appeals under this section. 39. Offences by officers of body corporate 39. (1) Where an offence under this Law which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, the officer or any person purporting to act in that capacity , as well as the body corporate commits that offence and are both liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with the member’s functions of management as if the member were a director of the body corporate. 40. Regulations 40. (1) The Cabinet may make regulations prescribing all matters that are required or permitted by this Law to be prescribed or as are necessary or convenient to be prescribed for giving effect to the purposes of this Law. (2) Regulations made pursuant to subsection (1) may — (a) prescribe categories of licences and impose conditions for such categories of licences; Page 30 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law Section 41 (b) reserve specified businesses and specified categories of licences for Caymanians and may impose restrictions or prohibitions on the carrying out of specified businesses and the granting of specified categories of licences to persons who are not Caymanian; (c) grant, from time to time, incentives to micro businesses and small businesses in the form of reduced licensing fees or schedules for the payment of licensing fees under this Law; (d) create offences punishable by a fine not exceeding five thousand dollars; (e) amend the definition of the terms “micro business” and “small business; and (f) amend Schedules 1, 2 and 3. 41. Repealed 41. The Trade and Business Licensing Law (2007 Revision) was repealed by section 41 of the Trade and Business Licensing Law, 2014 [Law 21 of 2014]. 42. Savings and transitional provisions — 42. (1) Every application for a licence or renewal of a licence under the Trade and Business Licensing Law (2007 Revision), in this section referred to as “the repealed Law”, that has not been wholly dealt with by the Board when this Law comes into force shall be processed in the manner that the application would have been processed under the repealed Law and on the grant of the licence, the Board shall direct the licensee of any steps to be taken by the licensee in order that there is compliance with this Law and the period of time within which the steps shall be taken, such directions having the same legal effect as directions under section 28. (2) Any approval, decision, appeal or other matter in progress under the repealed Law that has not been wholly dealt with by the Board or other person or body when this Law comes into force shall be handled as the respective matter would have been handled under the repealed Law until the matter is wholly dealt with. (3) Except as otherwise expressly provided in this Law every civil matter and proceeding commenced in any court under the repealed Law and pending or in progress immediately before this Law comes into force may be continued, completed and enforced under this Law. (4) All proceedings in respect of offences committed in contravention of the repealed Law may be commenced or continued as if this Law had not come into force. (5) Subject to subsection (6), every licence, approval, incentive, temporary reduction in fees or direction made or granted under the repealed Law and in force immediately before this Law comes into force shall continue in force after c Revised as at 28th day of February, 2018 Page 31 Section 42 Trade and Business Licensing Law this Law comes into force on the same conditions and with the same effect as if they had been made or granted in accordance with this Law. (6) A licensee existing at the coming into force of this Law who is not in compliance with this Law shall comply within six months of the coming into force of this Law or such longer period as the Board may, for good cause shown, permit. (7) Every form issued or prescribed for use under the repealed Law is to be regarded as issued or approved for use under this Law until another form is issued or prescribed for use under this Law in place of that form. (8) Where any period of time specified in the repealed Law is current at the coming into force of this Law, and there is a corresponding provision in this Law, this Law shall have effect as if that corresponding provision had been in force when that period began to run. Page 32 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 1 SCHEDULE 1 (Sections 18, 21, 23, 25, 32, and38) FEES Part A Description Section Fee 1. Application fee (non-refundable) 18(2)(b)(ix) $75 2. Licence fee 18(2)(b)x) As set out in the respective category in Part B 3. Renewal fee 18(2)(b)(x), As set out 23(2) in the respective category in Part B 4. Re-submission fee 18(4) $50 5. Expedited licence fee 21(5) $400 (In addition to the relevant licence fee in No. 2 and the processing fee.) 6. Expedited renewal of licence fee 21(5) $100 (In addition to the relevant licence fee in No. 2 and the processing fee.) 7. Amendment fee 25 $50 c Revised as at 28th day of February, 2018 Page 33 SCHEDULE 1 Trade and Business Licensing Law 8. Inspection of Register fee 32(3) $10 9. Non-refundable processing fee (Appeals) 38(1) $100 Part B The respective licence and renewal fee shall be as set out below - Professional For the purposes of this heading - “affiliated agent” means a real estate agent who trades under, or holds out to be affiliated with, a name that is the same as, or similar to, or the derivative of, the name of a real estate agency licensed under this Law under item 11; “computer specialist” means a person (whether industry certified or not) involved in the development, assembly, building, maintenance or repair of computer equipment and computer programmes or similar work relating to computers; “deals in”, for land, means to deal, or offer to deal in the land, or both, by any or all of the following transactions relating to the land - (a) purchases; (b) sales; or (c) rentals, tenancies or leasing; “firm” means a company, a partnership or other business enterprise; “member” means a partner, director, associate or other professional; “other professional” means - (a) a person who engages in a trade or business (such as an accountant, actuary, architect, engineer, statistician and surveyor) which is different from the employer’s main trade or business; and (b) a person who provides chargeable services in a trade or business to the employer’s customers; “professional” includes accountant, actuary, architect, civil engineer, electrical engineer, land surveyor, mechanical engineer, quantity surveyor, statistician, surveyor, or similar profession; and “outsourced employee” means a person who - (a) is employed to a trade or business which provides staffing for other businesses and is deployed to work in other trades or businesses for short periods of time or on a long term basis; and Page 34 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 1 (b) provides chargeable services in the trade or business to the employer’s customers. Category of trade or business Fee 1. Accountant including auditor, actuary, bookkeeper and $2,000 for each statistician professional member of the business 2. Accountancy the fee in No.1 for each accountant employed to firms- the firm is in addition to the fee set out below - (a) A firm of 1-5 accountants and other Exempt professionals; (b) A firm of 6-10 accountants and other $20,000 professionals; (c) A firm of 11-15 accountants and other $40,000 professionals; (d) A firm of 16-20 accountants and other $60,000 professionals; (e) A firm of 21-25 accountants and other $200,000 professionals; (f) A firm of 26-30 accountants and other $250,000 professionals; (g) A firm of 31-40 accountants and other $300,000 professionals; (h) A firm of 41-50 accountants and other $350,000 professionals; (i) A firm of 51 or more accountants and $400,000 other professionals 3. Agency providing $1,000 for each temporary employees agency and $750 for each outsourced employee 4. Agent including airline, shipping or travel agent, $1,000 salesman, immigration assistance agent, advertising agent, consultant, and any other professional agent not mentioned herein 5. Auctioneer being a person other than a Government officer or $750 for each an officer of the Court acting in the course of his professional member duties who sells or offers for sale any kind of of the business property or right to property to another whether by public auction or private treaty 6. Broker being a person who, for a commission or other $750 for each 7. Computer reward, negotiates contracts between other brokers professional member specialist or principals and includes a commission agent, a del of the business credere agent and factor $1,500 8. Firms of In addition to the fee at No. 10 for each professionals in the professional employed in the firm - construction sector (a) A firm of 1-5 professionals; Exempt (b) A firm of 6-10 professionals; $1,500 c Revised as at 28th day of February, 2018 Page 35 SCHEDULE 1 Trade and Business Licensing Law (accountants (c) A firm of 11-15 professionals; $2,500 excluded) (d) A firm of 16-20 professionals; $4,000 (e) A firm of 21-25 professionals; or $5,000 (f) A firm of 26 or more professionals $10,000 9. Property being a person who carries out property $750 developer development 10. Professionals in including architect, civil engineer, electrical $1,500 for each the construction engineer, mechanical engineer, land surveyor, professional member sector (accountants quantity surveyor or any other professional in the of the business excluded) construction sector 11. Real estate a real estate agency (an “agency”) or being a real $750 for each agency, agency or real estate estate agent (an “agent”), or both, who as an agent plus an additional agent, or both deals in land $750 for each affiliated agent of the agency; or $750 for a self- employed agent who is not an affiliated agent 12. Recruitment and $1,000 in addition to selection agency $750 for each outsourced employee Trades and Technical Category of trade or business Fee 1. Baker including a person carrying on the business of making bread, buns, cakes, biscuits, pastry and any other article of food incidental thereto- a business employing 7 or fewer persons $350 a business employing 8 to 15 persons $1,000 a business employing 16 or more persons $3,000 2. Barber any person engaged in the trimming and styling of $150 men’s hair 3. Building and including any person carrying on the business of a $750 Engineering mason, carpenter, joiner, plasterer, painter, electrician, Trade plumber, welder or other trade within the construction industry with less than ten employees 4. Car and Scooter $300 rental or Car and Scooter Equipment Rental, or both 5. Car wash including mobile car wash $300 6. Gardening including landscaping $300 7. Health and including personal trainers $300 fitness business Page 36 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 1 8. Janitorial $300 9. Hairdresser or including beautician, manicurist and pedicurist $350 Massaging Spa Operator (non- medical), or both 10. Job Printer including all persons carrying on the business of printing $500 other than newspaper printing 11. Launderer including any person carrying on the business of $300 cleaning of wearing apparel, household textiles and other materials by means of immersion in water or otherwise with or without the addition of soap, dry solvent or other cleaning aids and includes the pressing or ironing of any such material by any means whatsoever save laundry services rendered by individuals or family units in premises not normally open to the public 12. Music and $300 dance schools 13. Photography $300 and videography services 14. Pre-school care $300 and child care 15. Property including office equipment and minor building $300 Management or maintenance Property Maintenance, or both 16. Recycling $300 17. Retailer including any person who buys from a merchant or who himself imports and offers for sale direct to the public in small quantities and who manufactures and sells his own products- for a business with 800 square feet or less of selling area- $200 for a business with 801-1200 square feet of selling area- $450 for a business with 1201-1500 square feet of selling area- $1200 for a business with 1501-2000 square feet of selling area- $2000 for a business with 2001-4000 square feet of selling area- $3000 for a business with more than 4000 square feet of selling area- $4000 18. Service including any person carrying on the business in any Station, premises of fuelling motor vehicles with petroleum or Garage or diesel or of lubricating such vehicles or of repairing Marina tyres or tubes of such vehicles and also includes any marina for the servicing of sailing or power boats- for a business which consists only of a service station- $800 c Revised as at 28th day of February, 2018 Page 37 SCHEDULE 1 Trade and Business Licensing Law for a business which consists of a garage or marina, with or without service station- $800 for a business which consists of a service station with or without a garage or marina, but with a convenience store of 800 square feet or less of selling area- $1500 for a business which consists of a service station with or without a garage or marina, but with a convenience store of 801 square feet or more of selling area- $2000: Provided that any service station or garage on Grand Cayman other than in West Bay or George Town shall pay at the rate of fifty per cent. 19. Shoe Repairs including a person who repairs boots and shoes $150 20. Super Cargo including the master or other person selling goods on $600 board any vessel within the waters of the Islands, excluding local fishermen 21. Tailor including a dressmaker and a fitter and repairer of $150 clothes 22. Training including education and career guidance services $300 23. Undertaker including a mortician and an embalmer $600 24. Weddings, $300 event planning, disc jockeys, entertainment 25. Security and including a person carrying on the business of private $300 Investigation investigation, debt collection or serving summonses or other legal process, and similar business operations 26. Payday Lending being in the business of making cash loans or cash $300 advances 27. Courier being in the business of transporting packages or $300 Services documents 28. Graphic and $300 Web Design Commerce Category of trade or business Fee 1. Bulk Fuel being the business of storing, for distribution to other persons, $125,000 Installation petroleum products or other fuel products, except propane gas Propane gas $12,500 2. Contractor including any person carrying on the business of building or civil engineering contracting or labour broking Page 38 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 1 (a) a business employing ten or fewer persons- $1,000 (b) a business employing eleven or more persons- $3,500 any other person, being a company carrying on such a business, to whom a licence has been granted under section 11(1) of the Local Companies (Control) Law (2015 Revision) $25,000 3. Merchants and including a person who imports or holds goods for sale or $2,000 Wholesalers resale to retailers- $2,250 for a business with 800 square feet or less of selling area- $3,000 for a business with 801-1200 square feet of selling area- $4,000 for a business with 1201-1500 square feet of selling area- $6,000 for a business with 1501-2000 square feet of selling area- $7,500 for a business with 2001-4000 square feet of selling area- for a business with more than 4000 square feet of selling area- 4. Restaurateur including any person other than a hotel operator or a guest house operator carrying on, in any premises, the business of selling, or offering for sale, food or drink for human consumption on or off the premises- for a business with seats for 30 or fewer customers- $325 for a business with seats for 31 to 60 customers- $500 for a business with seats for 61 to 100 customers- $1,000 for a business with seats for 101 to 150 customers- $1,600 for a business with seats for 151 to 200 customers- $2,500 for a business with seats for more than 200 customers- $3,500 5. Secondhand dealer Excluding exempt persons $1,000 Industry, Agriculture and Primary Activities Category of trade or business Fee 1. Agricultural including turtle, poultry and animal husbandry, hydroponics production and agro Exempt based industries 2. Block making, including any person carrying on the business of making quarrying and building blocks or building components $4,000 materials 3. Jewellery $400 manufacturer 4. Miscellaneous $400 manufacturing 5. Newspaper Printer being any person carrying on the business of printing and $2,000 publishing a newspaper or magazine- per publication 6. Transportation Land including any person operating a public bus, taxi or jitney $250 service c Revised as at 28th day of February, 2018 Page 39 SCHEDULE 1 Trade and Business Licensing Law Sea including any person operating ferries, etc., or water sports $200 service 7. Utility Services including the operating of desalination or well water services providing water to the public; the provision of a service for emptying cesspools and septic tanks- a bulk water distributor’s business- $5,000 a retail water distributor’s business- $2,000 a business of emptying or maintaining cesspools or septic tanks- $300 any other person being a company carrying on such a business to whom a licence has been granted under section 11(1) of the Local Companies (Control) Law (2015 Revision)- $5,000 Miscellaneous Category of trade or business Fee Any other business or trade not specified herein in which a service is offered for reward $300 A non-resident company or an exempted company or $800 limited liability company Licensing Fee for Little Cayman and Cayman Brac A trade or business carried out in Cayman Brac or Little Cayman the relevant fee shall be fifty percent of the respective licence fee or renewal fee set out in this Schedule. Page 40 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 2 SCHEDULE 2 (Section 35) TICKETABLE OFFENCES Description of ticketable offence Section Fixed Penalty 1. Carrying on a trade or business in or from 17(1) $500 within the Islands without a valid licence (first offence only). Any further contravention of this provision shall not be considered as a ticketable offence. 2. Destroying or altering or causing to be 17(6)(a) $2,500 destroyed or altered, any document, record, equipment or other property found in the course of a search. 3 Hindering or obstructing or preventing or 17(6)(b) $2,500 interfering with a trade officer or police officer in the exercise of any power under this Law 4. Failing to remove all advertising in 17(6)(c) $500 contravention of section 17 5. Failing to comply with a condition or 21(4) $1000 restriction 6. Failing to display licence as required 22(1) $100 7. Failing to notify Board of change of address 26(1) $100 8. Hindering or obstructing or preventing or 28(2)(a) $2,500 interfering with the Board in the exercise of its powers under section 28. 9. Failing without reasonable excuse to answer 28(2)(b) $2,500 any question relating to any register, book, c Revised as at 28th day of February, 2018 Page 41 SCHEDULE 2 Trade and Business Licensing Law record or other document or any relevant matter when required to do so by the Board. 10. Failing to comply with a direction of the 28(5) $1,000 Board. 11. Using the word “licensed” in juxtaposition 34(1) $2,500 with any word describing a trade or business carried out by the licensee on the ground only that the licensee is licensed under this Law. Page 42 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 3 SCHEDULE 3 (Sections 35 and 40) FORM OF TICKET THE TRADE AND BUSINESS LICENSING LAW (2018 Revision) FRONT OF TICKET TICKET NUMBER TIME: DATE: TRADE OR BUSINESS NAME/LICENCE No.:_____________________________ LOCATION: NAME OF PERSON : _________________________________ LIST OF TICKETABLE OFFENCES No. Description of ticketable Section Fixed Tick relevant box offence. penalty  1. Carrying on a trade or business 17(1) $500 in the Islands without a valid licence (first offence).  2. Destroying or altering or causing 17(6)(a) $2,500 to be destroyed or altered, any document, record, equipment required to be produced. 3 Hindering or obstructing or 17(6)(b) $2,500  preventing or interfering with a trade officer or police officer in the exercise of his powers under this Law. c Revised as at 28th day of February, 2018 Page 43 SCHEDULE 3 Trade and Business Licensing Law 4. Fails to remove all advertising in 17(6)(c) $500 contravention of section 17 5. Failing to comply with a 21(4) $1000 condition or restriction 6. Failing to display licence as 22(1) $100 required 7. Failing to notify Board of 26(1) $100 change of address Hindering or obstructing or 8. 28(2)(a) $2,500  preventing or interfering with the Board in the exercise of its powers under this Law. 9. Failing without reasonable 28(2)(b) $2,500  excuse to answer any question relating to any register, book, record or other document or any relevant matter when required to do so by the Board. 10. Failing to comply with a 28(5) $1,000  direction of the Board. 11. Using the word “licensed” in 34(1) $2,500  juxtaposition with any word describing a trade or business practised by him on the ground only that the licensee is licensed under this Law. I, the undersigned trade officer of the Department of Commerce and Investment , have reason to believe that ______________________________________ Name of Person has committed the following ticketable offence detailed in the second column with the respective fixed penalty in the fourth column- Page 44 Revised as at 28th day of February, 2018 c Trade and Business Licensing Law SCHEDULE 3 __________________________________________________________ the facts being that___________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ (Provide a summary of the facts of offence and the provision contravened) Time and place at which offence committed: ______________________ __________________________________________________________ The offence carries a fixed penalty of $__________________________ The person to whom this ticket is served - (a) may pay the fixed penalty up to twenty-eight days after being served; (b) may attend the Summary Court requesting a trial and entering a plea of “not guilty” up to twenty-eight days after being served; or (c) upon non-payment or non-attendance under (a) and (b) shall attend the Summary Court on the date stated on this ticket. Criminal proceedings shall not commence until thirty-eight days after being served with this ticket. BACK OF TICKET PLEASE READ CAREFULLY 1. PAYMENT You may discharge liability to conviction by delivering a copy of this ticket and the total amount of the penalty set out in this ticket to the Department Commerce and Investment at the address indicated below prior to the ______day of______________________, 20__, being twenty-eight days after the service of this ticket. Payments by check or money order are to be made payable to the general revenue of the Islands. Please print the ticket number on the front of the check or money order. 2. PLEA OF NOT GUILTY If you wish to plead not guilty, notify the Summary Court in George Town or, where served on Cayman Brac or Little Cayman, the Summary Court at Cayman Brac WITHIN 28 DAYS of being served with this ticket. The Clerk will advise you of the date to return to the Summary Court. c Revised as at 28th day of February, 2018 Page 45 SCHEDULE 3 Trade and Business Licensing Law 3. FAILURE TO PAY Consequent on your failure to pay the fixed penalty specified in paragraph 1 or to enter a plea under paragraph 2, you are summoned to appear in the Summary Court at George Town or, where served on Cayman Brac or Little Cayman, at Cayman Brac at 10:00 a.m. on the day of , 20……….. If you fail to appear, the magistrate may issue a warrant of arrest to compel your attendance. The date of the hearing shall be no less than thirty-eight days after the service of the ticket. NOTICE This ticket may be used as evidence of the Department or the Board Submit or send payment to: The Department of Commerce and Investment, Government Administration Building, Elgin Avenue, George Town or at the District Administration Office in Cayman Brac or Little Cayman. Hours of operation (George Town and Cayman Brac): 8:30 am - 4:00 pm (Little Cayman): 9:00 am - 4:00 pm Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. Kim Bullings Clerk of the Cabinet Page 46 Revised as at 28th day of February, 2018 c