Trade and Business Licensing Law (2019 Revision)

CAYMAN ISLANDS Trade and Business Licensing Law (2019 Revision) TRADE AND BUSINESS LICENSING (FORMS) REGULATIONS (2019 Revision) Supplement No. 9 published with Legislation Gazette No. 4 of 21st February, 2019. PUBLISHING DETAILS Trade and Business Licensing (Forms) Regulations, 2015 consolidated with the Trade and Business Licensing (Forms) (Amendment) Regulations, 2018 and the Trade and Business Licensing (Forms) (Amendment) (No.2) Regulations, 2018. Revised under the authority of the Law Revision Law (1999 Revision). Originally made — Regulation, 2015-16th Decemeber, 2015 Regulations, 2018-23rd January, 2018 Regulations (No.2), 2018-14th June, 2018. Consolidated and revised this 1st day of January, 2019. Page 2 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) Arrangement of Sections CAYMAN ISLANDS Trade and Business Licensing Law (2019 Revision) TRADE AND BUSINESS LICENSING (FORMS) REGULATIONS (2019 Revision) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 2. Forms ........................................................................................................................................5 3. Certificate ..................................................................................................................................5 SCHEDULE 1 - Forms ....................................................................................................... 7 SCHEDULE 2 - Certificate .............................................................................................. 16 ENDNOTES...................................................................................................................... 19 Table of Legislation History: .............................................................................................................. 19 c Revised as at 1st January, 2019 Page 3 Trade and Business Licensing (Forms) Regulations (2019 Revision) Regulation1 CAYMAN ISLANDS Trade and Business Licensing Law (2019 Revision) TRADE AND BUSINESS LICENSING (FORMS) REGULATIONS (2019 Revision) 1. Citation 1. This Law may be cited as the Trade and Business Licensing (Forms) Regulations (2019 Revision). 2. Forms 2. An application under section 18 of the Law shall be in the appropriate form set out in Schedule 1. 3. Certificate 3. The certificate under section 22 of the Law shall be in the form set out in Schedule 2. c Revised as at 1st January, 2019 Page 5 Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 1 - Forms SCHEDULE 1 - Forms “FORM A Form for applicants that are registered companies APPLICATION FOR THE GRANT OR RENEWAL OF A TRADE AND BUSINESS LICENCE (REGISTERED COMPANIES ) Please submit this form accompanied by the relevant fee and required documents to: The Secretary, Trade and Business Licensing Unit Department of Commerce and Investment 133 Elgin Avenue, Government Administration Building, Suite 126 George Town, Grand Cayman, Cayman Islands Tel: 345-9450943 Email: info@dci.gov.ky; Website: www.dci.gov.ky Please refer to guidance leaflet before completing this form. Use capital letters. I hereby apply for the GRANT RENEWAL of a licence under the Trade and Business Licensing Law (2019 Revision). A. INCENTIVE DETAILS (This section to be completed only by applicants seeking consideration for incentives) Name: (In block letters) District:  BT  EE  GT  NS  WB  CB  LC BUSINESS TYPE: Annual gross revenue  Micro ( a business that employs less than five preceding fiscal year persons, not including the owner, and has an CI$__________ annual gross revenue of two hundred and fifty thousand dollars or less) Total number of  Small ( a business that employs up to a employees__________ maximum of twelve persons, not including the _ (including part-time owner, and which has an annual gross revenue and temporary) of up to seven hundred and fifty thousand dollars) c Revised as at 1st January, 2019 Page 7 SCHEDULE 1 - Forms Trade and Business Licensing (Forms) Regulations (2019 Revision) B. APPLICATION 1. Name of Company: 2. Trade Name: 3. Trade Name: 4. Company Registration No. 4. Mailing Address: 5. Telephone: (Main) (Primary Contact) (Emergency Contact) 6. Email: (Primary) (Director/Manager) 7. Nature/Type of business: 8. Exempt Company Yes No Non- Resident Yes No Limited Liability Yes No 9. Registered Office (Name): Address: C. BUSINESS DETAILS 1. If the business is categorised as retail/merchant/wholesaler, please specify the size of the selling area in square feet: 2. If the business is categorised as baker, please specify the number of employees: 3. If the business is categorised as contractor, please specify the number of employees: 4. If the business is categorised as accountant, please specify the number of accountants: 5. If the business is categorised as agent, please specify the number of agents: 6. If the business is categorised as restaurant, please specify the seating capacity: 7. Please identify the type of premises of business:  Residential  Commercial 8. Exact location of business premises: (i) Building name and number: (ii) Street name and number: (iii) Block and Parcel: (iv) District: 9. Is this location different from last year?  Yes  No If yes, please provide details: (Please use separate sheet if necessary) 10. Shareholder Details: Page 8 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 1 - Forms (Please provide the names, date of birth and passport number, class of shares held, percentage of shares held by the shareholder, immigration status of the shareholder and the number of years that the shareholder has been legally and ordinarily resident in the Islands. 11. Director Details: (Please provide the names, date of birth and passport number and immigration status of each director and the number of years that the director has been legally and ordinarily resident in the Islands.) 12. Has there been a change in shares or directorship?  Yes  No If yes provide details: _______________________________________________ 13. Are any directors/shareholders employed by the Cayman Islands Government?  Yes  No If yes, please state Department: 14. Has Head of Department approval been granted (Government employees only)?  Yes  No 15. ISIC Code: (Internal Only) 16. CITES Trader Yes No D. DECLARATION In making this application, the applicant declares that (tick the appropriate box)- (i)  the applicant has applied for a licence under Local Companies (Control) Law (2019 Revision) if such a licence is required under that Law; (ii)  the applicant is not, under the provisions of the Trade and Business Licensing Law (2019 Revision) or any other law, disqualified from holding the licence sought in this application; and (iii)  the applicant gives consent to the Department of Commerce and Investment and the Trade and Business Licensing Board to obtain relevant information regarding this c Revised as at 1st January, 2019 Page 9 SCHEDULE 1 - Forms Trade and Business Licensing (Forms) Regulations (2019 Revision) application directly from the Cayman Islands General Registry, the Royal Cayman Islands Police Service, the Cayman Island Monetary Authority, the Lands and Survey Department, the Department of Planning or the Department of Health Regulatory Services. The applicant declares that the information set out in this application is, to the best of the applicant’s knowledge, a truthful statement. ____________________________ _________________________ Signature Date The applicant’s attention is drawn to the provisions of section 7 of the Local Companies (Control) Law, (2019 Revision) which requires that a return of shareholding be forwarded to the Secretary of the Trade and Business Licensing Board when applying for the renewal of a licence for any company registered for more than twelve months. Failure to provide all relevant information will result in the application being returned to the applicant. Re-submission may incur a re-submission fee of fifty dollars. The Department of Commerce and Investment will use the email address provided as the primary means of communicating with you. If there is a change in your email address please provide the new email address along with a copy of a Government issued identification to info@dci.gov.ky . E. OTHER FEES Application fee (non- $75 (Section 18(2)(b)(ix) of the Law) refundable) Licence fee As set out in respective category in Part B of the Law Renewal fee As set out in respective category in Part B of the Law Re-submission fee $50 (Section 18(4) of the Law) Expedited licence fee $400 (In addition to the relevant licence & application fee) (Section 21(5) of the Law) Page 10 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 1 - Forms Expedited renewal of $100 (In addition to the relevant licence & licence fee application fee) (Section 21(5) of the Law) Amendment fee $50 (Section 25 of the Law) Inspection of Register fee $10 (Section 32(3) of the Law) $100 (Section 38(1) of the Law) Non-refundable processing fee (Appeals) F. PENALTIES In accordance with the Trade & Business Licensing Law (2019 Revision) G. EXPEDITED APPLICATION  Expedite (Includes fee of CI $400 in addition to relevant licence fee for grant or CI$100 in addition to relevant licence fee for renewal. “FORM B Form for applicants that are sole traders or partnerships APPLICATION FOR THE GRANT OR RENEWAL OF A TRADE AND BUSINESS LICENCE (SOLE TRADER, PARTNERSHIP) Please submit this form accompanied by the relevant fee and required documents to: The Secretary, Trade and Business Licensing Unit Department of Commerce and Investment 133 Elgin Avenue, Government Administration Building, Suite 126 George Town, Grand Cayman, Cayman Islands Tel: 345-9450943Email: info@dci.gov.ky; Website: www.dci.gov.ky Please refer to guidance leaflet before completing this form. Use capital letters. the Trade and Business Licensing Law (2019 Revision). A. INCENTIVE DETAILS (This section to be completed only by applicants seeking consideration for incentives) Name: (In block letters) District:  BT  EE  GT  NS  WB  CB  LC c Revised as at 1st January, 2019 Page 11 SCHEDULE 1 - Forms Trade and Business Licensing (Forms) Regulations (2019 Revision) BUSINESS TYPE: Annual gross revenue  Micro ( a business that employs less preceding fiscal year than five persons, not including the CI$__________ owner, and has an annual gross revenue of two hundred and fifty thousand dollars Total number of or less) employees___________  Small ( a business that employs up to a (including part-time and maximum of twelve persons, not temporary) including the owner, and which has an annual gross revenue of up to seven hundred and fifty thousand dollars) B. APPLICANT DETAILS 1. Name of Applicant: (Last) ( Middle Initial) (First) 2.Trade Name: 3. Applicant’s Date of Birth: 4. Mailing Address: (Business) 5. Address of Residence: 6. Telephone: (Main) (Primary Contact) (Emergency) 7. Email: (Primary) (Director/Manager) 8. Nature/Type of business: 9. Please provide the passport number and immigration status of the applicant and the number of years that the applicant has been legally and ordinarily resident in the Islands: 10. Is the applicant employed by the Cayman Islands Government? Yes No If yes, please state Department: 11. Has Head of Department approval been granted? (Government employees only) Yes No C. BUSINESS DETAILS 1. If the business is categorised as retail/merchant/wholesaler, please specify the size of the selling area in square feet: 2. If the business is categorised as baker, please specify the number of employees: 3. If the business is categorised as contractor, please specify the number of employees: Page 12 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 1 - Forms 4. If the business is categorised as accountant, please specify the number of accountants: 5. If the business is categorised as agent, please specify the number of agents: 6. If the business is categorised as restaurant, please specify the seating capacity: 7. Please identify the type of premises of business:  Residential  Commercial 8. Exact location of business premises: (i) Building name and number: (ii) Street name and number: (iii)Block and Parcel: (iv)District: 9. Is this location different from last year?  Yes  No If yes, please submit an amendment 10. Partnership Details: (Please provide the names, date of birth and passport number and immigration status of each partner and the number of years that the partner has been legally and ordinarily resident in the Islands. 11. ISIC Code: (Internal Only) 12. CITES Trader Yes No D. DECLARATION In making this application the applicant declares that (tick the appropriate box) - (i) A. For applicant who is sole trader:  The applicant is Caymanian (this includes persons possessing the right to be Caymanian or holding Caymanian status) B. For applicant who is a partnership:  The applicant is comprised of 60% Caymanian (this includes persons possessing the right to be Caymanian or holding Caymanian status) (ii)  The applicant is not, under the provisions of the Trade and Business Licensing Law (2019 Revision) disqualified from holding the licence sought in this application; and c Revised as at 1st January, 2019 Page 13 SCHEDULE 1 - Forms Trade and Business Licensing (Forms) Regulations (2019 Revision) (iii)  The applicant gives consent to the Department of Commerce and Investment and the Trade and Business Licensing Board to obtain relevant information regarding this application directly from the Cayman Islands General Registry, Royal Cayman Islands Police Service, Cayman Islands Monetary Authority, Lands and Survey Department, Department of Planning or the Department of Health Regulatory Services. The applicant declares that the information set out in this application is, to the best of the applicant’s knowledge, a truthful statement. ____________________________ _________________________ Signature Date Failure to provide all relevant information will result in the application being returned to the applicant. Re-submission may incur a re-submission fee of fifty dollars. The Department of Commerce and Investment will use the email address provided as the primary means of communicating with you. If there is a change in your email address please provide the new email address along with a copy of a Government issued identification to info@dci.gov.ky . E. OTHER FEES Application fee (non- $75 (Section 18(2)(b)(ix) of the Law) refundable) Licence fee As set out in respective category in Part B of the Law Renewal fee Re-submission fee As set out in respective category in Part B of Expedited licence fee the Law $50 (Section 18(4) of the Law) Page 14 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 1 - Forms Expedited renewal of $400 (In addition to the relevant licence & licence fee application fee) (Section 21(5) of the Law) $100 (In addition to the relevant licence & Amendment fee application fee) (Section 21(5) of the Law) Inspection of Register fee $50 (Section 25 of the Law) Non-refundable $10 (Section 32(3) of the Law) processing fee (Appeals) $100 (Section 38(1) of the Law) F. PENALTIES In accordance with the Trade & Business Licensing Law (2019 Revision) G. EXPEDITED APPLICATION  Expedite (Includes fee of CI $400 in addition to relevant licence fee for grant or CI$100 in addition to relevant licence fee for renewal. c Revised as at 1st January, 2019 Page 15 SCHEDULE 2 - Certificate Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 2 - Certificate (regulation 3) CERTIFICATE TRADE AND BUSINESS LICENSING LAW (2019 Revision) (SECTION 21) TRADE AND BUSINESS LICENCE Ref No.:_____ Licence No.:_____ It is hereby certified that of Block______ Parcel _______ is licensed under the Trade and Business Licensing Law (2019 Revision) to carry on the trade or business of ______________________________________ Page 16 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) SCHEDULE 2 - Certificate in the Islands with effect from the day of until the day of 20 . This licence is subject to the following conditions _________________________________________ Signed: ______________________________________________ Chairman, Trade and Business Licensing Board Date of Issue : day of 20 . c Revised as at 1st January, 2019 Page 17 SCHEDULE 2 - Certificate Trade and Business Licensing (Forms) Regulations (2019 Revision) Publication in consolidated and revised form authorised by the Cabinet this 12th day of February, 2019. Kim Bullings Clerk of Cabinet Page 18 Revised as at 1st January, 2019 c Trade and Business Licensing (Forms) Regulations (2019 Revision) ENDNOTES ENDNOTES Table of Legislation History: SL # Law # Legislation Commencement Gazette 22/2018 Trade and Business Licensing (Forms) (Amendment) (No. 2) 15-Jun-18 GE47/2018/s2 Regulation, 2018 4/2018 Trade and Business Licensing (Forms) (Amendment) 26-Jan-18 GE8/2018/s1 Regulation, 2018 53/2015 Trade and Business Licensing (Forms) Regulation, 2015 18-Dec-2015 GE99/2015/s5 c Revised as at 1st January, 2019 Page 19 ENDNOTES Trade and Business Licensing (Forms) Regulations (2019 Revision) (Price: $4.00) Page 20 Revised as at 1st January, 2019 c