Frequently Asked Questions
F.A.Qs
1. Who can incorporate a company?
Any person or group of persons can incorporate a company under the laws of Grenada.
3. Who can own land in Grenada?
Any person who has attained the age of twenty-one or registered corporation may own an interest in land. There is no requirement that the interest-holder of property in Grenada be a resident or citizen. However, where a person desirous of acquiring an interest in property is not a citizen of Grenada an alien land-holding licence must first be acquired from the Government of Grenada before the interest in the property can be acquired.
5. Are all matters heard by one Court?
No. The High Court is the country’s superior court of first instance hearings and is competent to hear all types of matters. Additionally, there are Magistrate’s Courts in each of the four Magisterial Districts staffed by four Magistrates which can hear matters of contract involving claims not exceeding $10,000 Eastern Caribbean Currency and other matters.
7. What are the requirements for filing a trademark application?
The procedure for registration of a trademark in Grenada is should be in accordance with the Trademarks Act No. 1 of 2012.
The requirements are as follows:
a) A Power of Attorney or Authorisation of Agent form signed by an Officer of the Proprietor of the mark;
b) Name and address of the person or company applying for the registration of the trademark;
c) If the mark includes or is a design other than simple words, a specimen of the mark must be provided;
d) A full description of the goods or services;
9. Can I initiate legal proceedings while residing abroad?
Yes. There is nothing preventing a person who resides abroad or who is not a citizen of Grenada from suing in Grenada. However, the subject matter of the suit must be within the jurisdiction of Grenada. And where the matter proceeds to Trial, all Parties will be expected to attend Court in Grenada to give evidence.
11. Must all parties be present in the island for the purchase or sale of land?
Interests in land may be bought, sold, mortgaged or otherwise dealt without the owner or purchaser being personally in the island. So long as the parties sign the documents and there is effective communication with the Attorneys-at-Law acting on their behalf the Attorneys-at-Law conduct the final stages of the transaction.
2. Do legal fees attract a tax?
Yes. All legal fees are subject to the Value Added Tax, more popularly referred to as V.A.T. At present V.A.T. is charged at a rate of 15% of the legal fees charged.
4. What title system exists for owning land?
Land in Grenada is held under the Common Law Title System, where the deeds are recorded in the Deeds and Land Registry of Grenada as public record of the ownership.
6. How do I retain an Attorney?
At Wilkinson Chambers the process of retaining an Attorney involves consulting one of our Attorneys, the signing of a Retainer Agreement and the payment of a retainer in advance. A consultation fee is usually payable at the time of the initial meeting.
e) The Classes.
8. How long after the suit has been filed must the Claimant serve the proceedings?
Within Six (6) months unless an Order is obtained for renewal and/or extension thereof.
10. How long do I have to decide whether or not to bring an action in the Courts of Grenada?
The Limitation of Actions Act of Grenada permits you 4 years to bring all actions for trespass to the person, malicious prosecution and defamation, 12 years for actions involving land and 6 years for other actions, with the exception of a few particular cases. An action for recovery of personal estate of an intestate person is permitted for up to 20 years while an action for injury to the land or person of a deceased person effected within the last 6 months of the deceased’s life must be brought within 1 year or within 6 months the subject matter is a non-fatal. The period is calculated from the time of the alleged wrongful act.
12. Is the Legal System of Grenada similar to that of the United States of America or the United Kingdom
The legal system of Grenada is the common law system which is similar to that of the United Kingdom. Most of the laws and legal principles upon which the legal system in Grenada rests, originated or were developed from English Statutes and decisions made in the Courts in England. The legal system in Grenada is not similar to the legal systems of the United States of America.