Lost contact with St. Kitts lawyer for existing company

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neverCredit

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Dec 31, 2022
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Hi,
I am a Kittitian citizen by investment and had opened a company in St. Kitts & Nevis with a local recommended lawyer 3 years ago. The lawyer had incorporated a local company (not IBC) and I used it successfully for a year or so for my freelance consulting business (using Wise as a banking platform). Then, my business was dormant for almost a year as I was relcoating countries/jurisdictions and had no real business.

I now wish to update the statutory documents etc to reflect my new address/residency, and additionally get some fresh documents from the lawyer to open a regular bank account (offshore, but something other than Wise as a backup).

However, I'm unable to contact the lawyer. No responses to emails/texts or even a Twitter DM (I know the lawyer is active on Twitter because they are regularly tweeting). This is obviously not a sustainable situation. I tried contacting a registered agent and they said that since it's not an IBC but a local company, they can't just take over the company.

What are my options? Keep trying to contact the lawyer? Is it possible for someone else to take over? Or for me to personally take over? Would welcome advice or recommendations
 
Have you tried calling the lawyer? You only mention email, texts, and DMs, which are easy to ignore and easy to simply miss. If it's very important, go there in person. If it's not very important, consider just letting it go and forming a new company.

Also try contacting the bar association: Home | St Kitts Nevis Bar Association/St Kitts & Nevis Attorney-at-Law They might be able to get you in touch with someone at the firm.

But if all that fails, you might be able to transfer the company to another lawyer or service provider. This will be very difficult (maybe even impossible) if you aren't the direct owner of the company. If your previous lawyer are acting as a nominee shareholder, the process may become complicated. Unless you already have the paperwork necessary and signed in advance to replace them and transfer the shares to yourself.

In the event that the lawyer didn't form the company themselves but went through another service provider, google the address of your company and see if a service provider shows up. Here is a list of registered service providers: https://www.fsrc.kn/service-providers As you've experienced, some are only handling IBCs. You'd need to find someone who does local companies.

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This is the probably the answer to your question.
 
neverCredit said:
neverCredit said:
I contacted a couple. They said they only do IBCs, not local companies.
Any recommendations for a lawyer?
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Okay .. l will ask a friend based there and let you know. Are you the shareholder in the company? If yes, it would be good to check if you could act unilaterally and co trol the company.
 
Sols said:
Sols said:
Have you tried calling the lawyer? You only mention email, texts, and DMs, which are easy to ignore and easy to simply miss. If it's very important, go there in person. If it's not very important, consider just letting it go and forming a new company.

Also try contacting the bar association: Home | St Kitts Nevis Bar Association/St Kitts & Nevis Attorney-at-Law They might be able to get you in touch with someone at the firm.

But if all that fails, you might be able to transfer the company to another lawyer or service provider. This will be very difficult (maybe even impossible) if you aren't the direct owner of the company. If your previous lawyer are acting as a nominee shareholder, the process may become complicated. Unless you already have the paperwork necessary and signed in advance to replace them and transfer the shares to yourself.

In the event that the lawyer didn't form the company themselves but went through another service provider, google the address of your company and see if a service provider shows up. Here is a list of registered service providers: Financial Services Regulatory Commission - Service Providers As you've experienced, some are only handling IBCs. You'd need to find someone who does local companies.
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Fortunately I am the owner of the company, and the shares were transferred in my name.
I actually have never spoken to the lawyer before, so I was a little hesitant in calling. The lawyer came well recommended and worked promptly did the job. But you're right, if I need to fix the situation, I really should just call.
 
CyprusLawyer101 said:
CyprusLawyer101 said:
Okay .. l will ask a friend based there and let you know. Are you the shareholder in the company? If yes, it would be good to check if you could act unilaterally and co trol the company.
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Hi, I'm definitely the sole shareholder of the company, and the sole director. So technically, I have the authority to control directly. But in my experience, banks prefer a document stamped by a local lawyer. And I do need a local address to show as the registered office of the company (which is still the address of the old lawyer).
 
neverCredit said:
neverCredit said:
Hi, I'm definitely the sole shareholder of the company, and the sole director. So technically, I have the authority to control directly. But in my experience, banks prefer a document stamped by a local lawyer. And I do need a local address to show as the registered office of the company (which is still the address of the old lawyer).
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You have enough control to act.
 
neverCredit said:
neverCredit said:
Hi, I'm definitely the sole shareholder of the company, and the sole director. So technically, I have the authority to control directly. But in my experience, banks prefer a document stamped by a local lawyer. And I do need a local address to show as the registered office of the company (which is still the address of the old lawyer).
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Please let us know here if you sort this out and also (if possible) how you did?

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neverCredit said:
neverCredit said:
Hi, I'm definitely the sole shareholder of the company, and the sole director. So technically, I have the authority to control directly. But in my experience, banks prefer a document stamped by a local lawyer. And I do need a local address to show as the registered office of the company (which is still the address of the old lawyer).
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Why dont you fly down get a local lawyer and close it if its that pressing.
 
tolstoy said:
tolstoy said:
Why dont you fly down get a local lawyer and close it if its that pressing.
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would suggest the same to you!

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