All sections · Part VIII: Administration · Sub-Part II: Registered Agent
164 International business company to have registered agent
This section has been amended. The text above is the 2016 wording; the amending provisions follow.
(1) A company shall at all times have a registered agent in Seychelles.
(2) No person shall be, or agree to be, the registered agent of a company,
unless that person is licensed to provide international corporate services
under the International Corporate Services Act.
(3) Unless the last registered agent of the company has resigned in
accordance with section 167 or ceased to be the company‘s registered
agent in accordance with section 168, the registered agent of a company
is —
(a) the person specified as the company‘s registered agent in the
memorandum; or
(b) if one or more certified copy or extract resolutions of change of
registered agent have been filed with the Registrar under
section 169 since the registration of the memorandum, the
person specified as the company‘s registered agent in the last
such notice to be registered by the Registrar.
(4) Except as otherwise provided in this Act, a document required or
permitted to be filed with the Registrar by a company, shall only be filed
—
(a) by its registered agent;
(b) in relation to a charge created by the company, by its registered
agent or as otherwise permitted under Part IX of this Act; or
(c) if a liquidator is appointed under Part XVII of this Act in respect
of the company, by its registered agent or as otherwise permitted
under Part XVII,
Provided that in the event that a document relating to a company is filed
with the Registrar by a person permitted to do so under Part IX or Part
XVII other than company‘s registered agent, the Registrar shall send a
copy of the filed document to the company‘s registered agent or
otherwise notify it in writing.
(5) A company that does not have a registered agent in contravention of
subsection (1) shall be liable to a penalty fee of US$100 and to an
additional penalty of US$25 for each day or part thereof during which the
contravention continues.
(6) A director who knowingly permits the contravention referred to under
subsection (5) shall be liable to a penalty fee of US$100 and to an
additional penalty of US$25 for each day or part thereof during which the
contravention continues.
(7) Subject to section 168(11), a person who contravenes subsection (2)
commits an offence and is liable on conviction to a fine not exceeding
US$25,000.
(2) No person shall be, or agree to be, the registered agent of a company,
unless that person is licensed to provide international corporate services
under the International Corporate Services Act.
(3) Unless the last registered agent of the company has resigned in
accordance with section 167 or ceased to be the company‘s registered
agent in accordance with section 168, the registered agent of a company
is —
(a) the person specified as the company‘s registered agent in the
memorandum; or
(b) if one or more certified copy or extract resolutions of change of
registered agent have been filed with the Registrar under
section 169 since the registration of the memorandum, the
person specified as the company‘s registered agent in the last
such notice to be registered by the Registrar.
(4) Except as otherwise provided in this Act, a document required or
permitted to be filed with the Registrar by a company, shall only be filed
—
(a) by its registered agent;
(b) in relation to a charge created by the company, by its registered
agent or as otherwise permitted under Part IX of this Act; or
(c) if a liquidator is appointed under Part XVII of this Act in respect
of the company, by its registered agent or as otherwise permitted
under Part XVII,
Provided that in the event that a document relating to a company is filed
with the Registrar by a person permitted to do so under Part IX or Part
XVII other than company‘s registered agent, the Registrar shall send a
copy of the filed document to the company‘s registered agent or
otherwise notify it in writing.
(5) A company that does not have a registered agent in contravention of
subsection (1) shall be liable to a penalty fee of US$100 and to an
additional penalty of US$25 for each day or part thereof during which the
contravention continues.
(6) A director who knowingly permits the contravention referred to under
subsection (5) shall be liable to a penalty fee of US$100 and to an
additional penalty of US$25 for each day or part thereof during which the
contravention continues.
(7) Subject to section 168(11), a person who contravenes subsection (2)
commits an offence and is liable on conviction to a fine not exceeding
US$25,000.
Amended since 2016
Act 32 of 2021 · 2021-08-02
31. Section 164(2) of the principal Act is amended, by repealing the
words, “Services Act”, and substituting therefor the words “Service Providers
Act”.
words, “Services Act”, and substituting therefor the words “Service Providers
Act”.