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Doing Business Latin America

Grenada

(Latin America/Caribbean) Firm Grant, Joseph & Co.

Contributors Sheila Harris

Updated 16 Sep 2024
Country Overview

Population
Grenada ranks as the thirty-fourth most populous nation in Latin America. According to the most recent World Bank report, Grenada's population reached 126,183 in 2023.

Location
Grenada, the southernmost island of the north-south arc of the Lesser Antilles, is situated in the eastern Caribbean Sea, approximately 100 miles (160 km) north of Venezuela. The main island of Grenada spans roughly 21 miles (34 km) in length and 12 miles (19 km) in width. The country also includes two smaller islands, Carriacou and Petite Martinique. Carriacou, located about 20 miles (32 km) north-northeast of Grenada, covers an area of 13 square miles. Petite Martinique is situated 2.5 miles (4 km) from Carriacou and encompasses 586 acres (2.37 square km).

Climate and Ecosystems
Grenada's climate, influenced by its proximity to the equator and strong marine effects, features consistently high temperatures throughout the year. The average annual temperature is approximately 25°C, with minimal variation of about 1°C. The mean maximum temperature is 31.4°C, while the mean minimum is 24.0°C. Rainfall ranges between 750 mm and 1400 mm annually, with a dry season from January to May and a wet season from June to December. Carriacou and Petit Martinique experience lower rainfall levels and may face severe drought conditions during the dry season.

Infrastructure
The telecommunications infrastructure across Grenada, Carriacou, and Petite Martinique is highly advanced, offering residents access to high-speed internet, mobile services, roaming, and various data services. Domestic telecom features and business systems are tailored and installed based on local requirements. The National Telecommunications Regulatory Commission ("NTRC") oversees the regulation of telecommunications. Nevertheless, a notable gap in the telecommunications infrastructure is the lack of a submarine fiber-optic system serving Carriacou and Petite Martinique.

Ports and Waterways
The Grenada Ports Authority ("GPA") oversees the administration and operation of the Port of St. George's and has jurisdiction over several key locations, including Prickly Bay, St. David's Harbour, and Grenville on Grenada’s main island, as well as Tyrrel Bay on the neighboring island of Carriacou. The GPA manages all Official Ports of Entry and regulates navigation within these port limits.

Airports
Grenada is served by two airports. The main airport, Maurice Bishop International Airport ("MBIA"), previously known as Point Salines International Airport, is situated at Point Salines, St. George, on the island's southwestern tip. The second airport, Lauriston Airport, also referred to as Carriacou Island Airport is located west of Hillsborough, the capital of Carriacou Island.

Water and Sanitation
Mainland Grenada depends on 29 water supply facilities managed solely by the National Water and Sewerage Authority ("NAWASA"), including 23 for surface water and 6 for groundwater. Drinking water is mainly sourced from dams in the northern mountain ranges and distributed through gravity systems. Groundwater plays a minor role in the domestic supply, mainly supporting during dry seasons. Current water shortages are marked by a daily deficit of 22,800 cubic meters (5,015 gallons) between demand and supply during dry periods.

In line with the United Nations Sustainable Development Goals 6 and 13, NAWASA is working with the United Nations, NGOs, and the private sector to improve climate resilience and ensure the continuous availability of high-quality drinking water.

Electricity
Grenada's electrical grid spans its three main inhabited islands and is managed exclusively by Grenada Electricity Services Limited ("GRENLEC"), which holds the sole license for the generation, transmission, distribution, and sale of electricity. The country relies predominantly on imported hydrocarbons for its energy needs. In 2020, non-renewable sources comprised approximately 98% of the installed capacity and electricity generation, with the remaining portion attributed to solar energy. The government's objective is to ensure that at least 30% of the electricity is sourced from renewable energy by 2030.

Tourism
In the first half of 2024, Grenada is expected to see a substantial 19% increase in tourist arrivals compared to the previous year. The island has already experienced a notable 30% rise in arrivals during the first quarter of 2024. This growth is primarily attributed to a 27.1% increase in visitors from the United States and a 15.4% rise in visitors from the United Kingdom.

Companies

In Grenada, various types of Companies may be established under the Companies Act Cap 58A of the 2010 Revised Laws of Grenada (as amended) ("Companies Act"). The main types include:

  • Private Limited Company
    This is the most common type of company in Grenada. It has limited liability for its shareholders and restricts the transfer of shares. It must have at least one director and one shareholder.
  • Public Limited Company
    This type of company can offer its shares to the public and must meet stricter regulatory requirements. It requires a minimum of two directors and shareholders.
  • Company Limited by Guarantee
    This type is typically used for non-profit organizations. Members' liability is limited to the amount they agree to contribute to the company’s assets if it is wound up.
  • Unlimited Company
    This type has no limit on the liability of its members. This means that there is an increased personal risk to Company directors. While less common, it can be used for specific purposes where such liability is acceptable.
  • Foreign Company
    A foreign company can operate in Grenada by registering as an external company or establishing a branch, subject to compliance with local regulations which are contained with the Companies Act.

Each type of company has distinct features and regulatory requirements, so the choice depends on the business objectives and structure desired: 

  • Incorporation
    To incorporate a company, one or more individuals must sign and submit the articles of incorporation to the Registrar of Companies. The names of all incorporators should be recorded in the company's register of members promptly after the company’s registration. Individuals who are under eighteen years of age, deemed of unsound mind by a tribunal, or who are declared bankrupt are prohibited from forming or participating in the formation of a company under the Companies Act CAP 58A of the 2010 Revised Edition of the Laws of Grenada.

    The articles of incorporation must adhere to the prescribed form and detail the following regarding the proposed company: (a) its proposed name; (b) the types and maximum number of shares the company is authorized to issue, including the rights, privileges, restrictions, and conditions associated with each share class, and if applicable, the authority granted to directors to set the number and characteristics of shares within series; (c) any restrictions on the transfer of shares, including a description of those restrictions; (d) the number of directors or, if applicable, the minimum and maximum number of directors; and (e) any limitations on the types of business the company may engage in.

Incorporation of a Branch of a Foreign Corporation

Incorporation
The branch of a foreign company must be registered with the Grenada Corporate Affairs and Intellectual Property Office ("CAIPO") and must comply with local regulations. When a branch of a foreign company is registered there is a presumption that it occurs on behalf of the parent company. This means that the branch’s activities and financial records are incorporated with those of the parent Company. The branch must adhere to Grenadian laws and regulations including tax requirements and business registration obligations however this compliance is directly correlated to the parent company’s overall legal and financial structure. The parent company is also fully liable for the debts and obligations of the branch.

The process for registering a branch of a foreign company is as follows:

  • A name search and reservation form must be submitted to CAIPO to ensure the branch name is available and complies with local regulations.
  • Secondly, the following documents must be gathered and prepared:
    1. Certificate of Incorporation.
    2. Details of the Company’s directors, shareholders and the registered office in Grenada This information is necessary to complete the Notice of Directors Form (set out in the Act).
    3. A copy of the Company’s Bylaws
    4. A declaration confirming that the External Company complies with the laws of Grenada
  • Submission of Application and all required documentation to the Companies Registry. Section 344 of the Companies Act specifies, that, to register an external a statement in the prescribed form must be filed with the Registrar, this part goes on to enlist the necessary inclusions such as the name of the company, the jurisdiction within which the company was incorporated, the date of incorporations, the particulars of its corporate instruments, etc. At this stage, the prescribed registration fee must be paid.
  • Local representation is intrinsic to the registration process, and a local representative or agent who will act on behalf of the branch in Grenada is appointed. In accordance with Section 346 of the Companies Act this is done by way of a ‘fully executed power of attorney done in the prescribed form’ This individual or firm must be registered with CAIPO.
  • Tax Registration: Register the branch with the Grenada Inland Revenue Division for tax purposes. This includes obtaining a Tax Identification Number ("TIN"). It is also important to apply for and obtain all business licenses and permits that are necessary for the branch’s domestic operations. The requisite forms are located on Grenada’s Ministry of Finance website and should be submitted along with proof of business registration, identification documents, proof of address and business operations and location. Importantly, though incorporated elsewhere the branch must ensure ongoing compliance with Grenadian laws, such as annual reporting and tax filing requirements.
Taxes

Income Tax
Income tax applies to the earnings of individuals, corporations, and other legal entities, including sole traders, partners in partnerships, trustees, and employees with monthly earnings exceeding $3,000 or annual earnings surpassing $36,000.

The income tax is calculated using two rates for residents in Grenada:

  • Earnings up to $36,000 per year are tax-exempt.
  • Income between $36,001 and $60,000 is taxed at a rate of 15%.
  • Income exceeding $60,000 is taxed at a rate of 30%.

For non-residents, income tax shall be deducted from the actual amount paid at a rate of 15% per dollar. This deduction will constitute the final tax liability on such income.

Withholding Tax
Withholding Tax in Grenada is applicable when a resident or a non-resident with a permanent establishment in Grenada makes a payment or credits an amount to a non-resident. This tax is imposed on various forms of payments, including salaries, interest (excluding bank deposits), discounts, rent, lease premiums, license charges, royalties, management charges, commissions, fees, and other payments. The tax is deducted from the actual amount paid at a rate of fifteen percent 15%.

Value-Added Tax – (“VAT”)
The Value Added Tax Act No.23 of 2009 (as amended) outlines the framework for Value Added Tax ("VAT") administration including the rate, exemptions registration requirements and compliance obligations. VAT is a tax on consumer spending, collected in stages at the point of importation and during business transactions when goods or services are provided. It is calculated based on the value of imports and the added value (or markup) that one business charges another or the final consumer. VAT is applied at a rate of 15% on most goods and services, with exceptions for hotel accommodation and dive operations, which are taxed at 10%. Certain goods and services are either taxed at a rate of 0% (exempt) or not subject to tax at all (excluded).

Property Tax
Annual property tax, governed by the Property Tax Act CAP 257B (as amended) of the 2010 Revised Edition of the Laws of Grenada, requires an annual payment of up to 0.8% of the property's market value. Property taxes are categorized into land tax and building tax.

The Property Transfer Tax is regulated by the Property Transfer Tax Act CAP 145 of the 2010 Revised Edition of the Laws of Grenada. This Act mandates that all individuals must pay a property transfer tax when real estate is sold in Grenada. Grenadian citizens are required to pay a transfer tax of 5% of the market value of the property, while foreign vendors must pay a transfer tax of 15% of the market value

Stamp Duty
The Annual Stamp Tax is levied on the gross receipts of businesses as per the Annual Stamp Tax Act CAP 16A of the 2010 Revised Edition of the Laws of Grenada (as amended). This tax is assessed annually based on the gross receipts from the preceding year.

The tax rates are as follows:

  • 0.5% for businesses with annual gross receipts under $300,000.
  • 0.7% for businesses with annual gross receipts of $300,000 or more.

Customs Duties
Customs Duty is a tariff imposed on goods transported across international borders, regulated by the Customs Duties Act CAP 75C of the 2010 Revised Edition of the Laws of Grenada (as amended). Additionally, the Customs (Service Charge) Act CAP 75D mandates a customs service charge of 2.5% of the CIF value on all imported goods, regardless of whether they are subject to customs duties.

National Insurance
In Grenada, employers must contribute to the National Insurance Scheme ("NIS") for their employees. This is regulated by the National Insurance Act CAP 205 of the 2010 Revised Edition of the Laws of Grenada. The contribution rate for employers is 6.75% of the employee's gross insurable earnings. Employees contribute 5% of their gross insurable earnings to the NIS. Both contributions are capped at a maximum of XCD 5,000 per month in insurable earnings.

Labor

Territoriality Principle
Grenadian legislation establishes the principle of territoriality, which states that all employment relationships executed in Grenada shall be governed by Grenadian laws, regardless of the agreements between the parties or the employee’s nationality. Consequently, both national and foreign employers must comply with all the legal and economic obligations that arise from a Grenadian employment relationship and in accordance with Grenadian employment laws.

Employment Agreements
The Employment Act, No.33 of 2016 (“Employment Act”) is presupposed on the fact that every personal work relationship is governed by an employment agreement. Thus, for the purposes of declaring the existence of an employment agreement, the following elements must meet (i) The personal activity of the employee; (ii) The continued subordination or dependency of the employee with respect to the employer, granting the employer the authority to give orders and instructions at any time concerning mode, time, or quantity of work; and (iii) A salary that compensates the employee for the services rendered.

Section 29 of the Employment Act specifies that a contract of employment in Grenada may take one of the following forms:

  • A contract for an unspecified period of time
  • A contract for a specified period of time
  • A contract for a specific task

Further, Section 2 of the Employment Act defines a casual employee as ‘any employee who works on a daily basis on work of an intermittent or irregular nature with no expectation of continuity.’ and extends statutory protection to such persons.

Labor Obligations Arising From the Employment Agreement
The employer-employee relationship is governed by several laws and regulations that outline the rights and responsibilities of both employers and employees. They are as follows:

  • The Employment Act
    This primary piece of legislation covers various aspects of employment, including contracts, wages, working hours, and termination. It provides the framework for establishing employment terms and resolving disputes. Section 47 of the Act specifies that wages payable to employees other than casual employees should be paid: ‘not less often than once a fortnight in the case of employees whose wages are fixed by the hour or day or week, or whose wages are calculated solely on a piece-work or out-put basis, or who are required to perform task work; (b) not less than once a month in the case of employees whose wages are fixed on a monthly or yearly basis.’
  • Minimum Wage Regulations
    Section 55 of the Employment Act vests in the Minister responsible for labor matters the authority to make an order prescribing the minimum rate of wages payable to employees of particular categories of employment This order is drafted and published in the Gazette and often referred to as the Minimum Wage Regulations. These regulations set the minimum wage that employers must pay to employees. The minimum wage is reviewed periodically and adjusted based on economic conditions and cost of living. Grenada’s Revised Minimum Wages Order, as of 2024 stipulates that all working individuals are entitled to a minimum monthly salary of no less than Twelve Hundred Eastern Caribbean Dollars ($1200.00xcd).
  • Health and Safety
    Employers are required to adhere to health and safety regulations to ensure a safe working environment. This includes providing appropriate safety equipment, conducting regular safety training, and complying with occupational health standards.
  • Social Security Contributions
    In accordance with the National Insurance Act Cap No. 205 of the 2010 Revised Laws of Grenada, employers must contribute to the Grenada National Insurance Scheme ("GNIS"), which provides benefits such as pensions, sickness, and maternity leave to employees. Both employers and employees make contributions based on earnings. The employer’s contribution is 6.75% of the employee’s insurable earnings (5.75% must be deducted from the employee’s salary). The maximum insurable earnings on which contributions are payable are $5,200 per month / $1,200 per week.
  • Leave Entitlements
    Employees are entitled to various forms of leave, including annual leave, sick leave, and maternity/paternity leave. The Employment Act, Part VIII outlines the specific entitlements and conditions for each type of leave.
  • Dispute Resolution
    The Employment Act provides mechanisms for resolving disputes between employers and employees, including the involvement of the Labor Commissioner and the Industrial Court for more formal adjudication.
  • Equal Employment Opportunity
    Grenada upholds a standard of non-discriminatory practices in hiring, promotion, and treatment of employees, ensuring equal opportunities regardless of race, gender, religion, or disability. This is enshrined in Part IV of the Employment Act, Fundamental Principles.
Foreign Exchange and International Investment Regime

Foreign Exchange
As a member of the OECS, Grenada’s currency is the Eastern Caribbean dollar which is issued by the Eastern Caribbean Central Bank ("ECCB") located in Saint Kitts and Nevis. The exchange rate is also determined by the ECCB and the directives issued. The Eastern Caribbean dollar is pegged to the U.S. dollar at 2.7, adding to the stability of trade and investment in Grenada. The national currency rate does not fluctuate. The domestic legislation that governs foreign exchange in Grenada is the Foreign Exchange Tax Act CAP 112 of the 2010 Revised Laws of Grenada and the Exchange Control Act Chapter 93 of the 2010 Revised Laws of Grenada."

Grenada imposes no exchange controls on foreign currencies or securities. Consequently, both local and foreign individuals may engage in foreign currency transactions and maintain foreign currency accounts with any commercial bank in Grenada that provides these services.

There are no restrictions or limitations placed on foreign investors in converting, transferring, or repatriating funds associated with investment. Funds associated with any form of investment can be freely converted into a number of currencies including the U.S. dollar, pound sterling, Canadian dollar, and Euros. However, banks reserve the right to delay transactions if deemed suspicious or outside the typical level of activity on the account in accordance with FUI and AML regulations as set out in Grenada’s Financial Intelligence Unit Act 14 of 2012 (as amended), Terrorism Act 16 of 2012 (as amended 2015) and the Proceeds of Crime Act 6 of 2012 (as amended).

Operations under FX control and obligations of channeling resources through the FX Market
Many of Grenada’s operations, as part of the Eastern Caribbean Currency Union ("ECCU"), are subject to foreign exchange ("FX") controls and regulations overseen by the Eastern Caribbean Central Bank ("ECCB").

Key areas include:

  • Foreign Currency Transactions
    Businesses and individuals must adhere to regulations concerning the exchange of local currency (Eastern Caribbean Dollar, XCD) for foreign currencies. This includes both personal and corporate transactions.
  • International Trade
    Importers and exporters must follow guidelines for exchanging currencies related to cross-border trade. This includes repatriation of export earnings and compliance with documentation requirements for imports.
  • Investment and Capital Flows
    Regulations apply to foreign direct investment ("FDI") and other capital movements. There are controls on the repatriation of profits, dividends, and capital from foreign investments.
  • Financial Institutions
    Banks and other financial institutions are required to report and comply with regulations regarding FX transactions, including maintaining reserves and adhering to anti-money laundering ("AML") standards.
  • Remittances
    There are rules governing the transfer of money into and out of Grenada, especially for personal remittances from abroad. Grenada is also a member of the International Monetary Fund and as such adheres to its Articles of Agreement, Part VII of the Articles which protects the transfer of currency and outlines the obligations of member states including the need to avoid manipulating the exchange rate to obtain unfair competitive advantage. Part VII of the Articles also imposes the requirement that member countries such as Grenada OECS must consult with the IMF before imposing or changing such controls. On a domestic level Grenada has its own Foreign Exchange Tax Act, Cap 112 of the 2010 Revised Laws of Grenada which enlist the rules and procedures for the management of foreign exchange transactions.
  • Tourism and Travel
    Currency exchange regulations affect how tourists exchange money and how travel-related expenses are managed.

These controls are designed to stabilize the currency, manage foreign reserves, and ensure economic stability.

Registration Obligations
Businesses or individuals who are desirous of participating in foreign exchange dealings must register with the ECCB as it is a compulsory requirement for all persons or entities involved in the buying, selling or exchanging of foreign currencies. To register, entities apply to ECCB providing information about their business operations, financial standing and adherence to regulatory frameworks.

Moreover, financial institutions such as banks and currency exchange bureaus in Grenada must obtain a license from the ECCB to operate in the foreign exchange market. The licensing process ensures compliance with regulatory standards and proper oversight. Registered foreign exchange dealers must also submit regular reports to the ECCB detailing their foreign exchange transactions, reserves and compliance with regulatory requirements.

Customs

Grenada's customs systems and procedures are designed to regulate the import and export of goods, ensure compliance with national laws, and facilitate trade while preventing smuggling and other illegal activities. Grenada’s Customs and Excise Division is the primary authority responsible for customs operations. It oversees the enforcement of customs laws and regulations and operates in conjunction with the Customs Act, Act No. 9 of 2015 (as amended).

Importers must submit a completed import declaration form along with supporting documents, such as invoices, bills of lading, and certificates of origin. Goods are subject to inspection and assessment for duties and taxes. Similarly, exporters are required to file an export declaration and provide necessary documentation like shipping bills and certificates of origin. Certain exports require permits or licenses in conjunction with domestic customs regulations.

Congruently import duties and tariffs are applied based on the classification of goods and their value. Grenada follows the Harmonized System ("HS") for classifying goods. The Customs and Excise Division provides a tariff schedule outlining applicable duties. More generally it can be said that goods are valued based on their transaction value (price paid or payable). Customs does however reserve the discretion to utilize alternative valuation methods if the transaction value is not acceptable or cannot be ascertained.

Grenada’s Customs and Excise division adheres to strict processes and requires documentation such as import and export declarations, invoices, packing lists, bills of lading, certificates of origin, and any relevant permits or licenses. Goods may also be subject to physical inspection or examination by customs officials to verify their contents and ensure compliance with regulations. Persons who are found in contravention of customs laws and regulations may be made to pay fines, penalties, and/or accept the confiscation of goods.

After the inspection process customs will then clear/ approve the imported or exported goods so long as the goods are not found contrary to any laws or regulations. At this stage, it is important that all duties and taxes are paid, and the necessary proof of payment submitted. Of import, it must be noted that certain goods may be eligible for exemptions or reduced rates under specific conditions, such as diplomatic exemptions, charitable organizations, or special economic zones.

Migration

Entry into Grenada, via its two airports and nine seaports, is governed by the Immigration Act CAP 145 of the 2010 Revised Edition of the Laws of Grenada (as amended) (“Immigration Act”). This Act requires all individuals, except for nationals of the Organization of Eastern Caribbean States ("OECS"), to present a valid passport to immigration authorities upon entry. Citizens of the United Kingdom, the United States, and Canada are also exempt from this requirement, provided they have a valid return ticket, and their visit does not exceed six months. These visitors must complete a declaration as outlined in the Regulations' Schedule.

Under the Immigration Act, citizens of OECS Member States may enter Grenada using a state-issued driving license, national identification card, voter registration card, or social security card.

Likewise, whoever wishes to hire a foreigner in Grenada must consider (a) requesting a visa in accordance with the activity to be carried out, (b) complying with the reporting obligations before the government entities in charge and (c) requesting work permits depending on the case.

Visa Application
Under the Immigration Act, certain foreign nationals must obtain a visa to enter Grenada. Visas can be issued either before arrival or upon entry, and they come in two types: multiple-entry visas, valid for one year, and single-entry visas.

To apply for a visa, applicants must submit a completed application form, a flight itinerary, a copy of their passport, and a letter stating the purpose of their visit. Additional documents may be required if necessary. Applicants must also pay the applicable fees to the Inland Revenue Department of Grenada and provide a payment receipt along with the required documents to the immigration authorities.

Reporting Obligations
Once the foreigner obtains the corresponding visa, it is necessary to make different types of reports to some government entities in Grenada. These reports are intended to keep the authorities informed, thus complying with the existing regulations on the processes after obtaining the visa. It is important to consider that these processes have strict deadlines that must be taken into account to avoid subsequent sanctions.

Work Permits
The law in relation to granting work permits in Grenada is set out in the Foreign Nationals and Commonwealth Citizens (Employment) Act Chapter 115 (as amended) and the Ministry of Labour’s, Work Permit Guidelines: A General Guide to the Foreign Nationals and Commonwealth Citizens Employment System in Grenada (issued in 2020). If the foreigner will carry out activities within the regulated professions in Grenada, it will be necessary to verify the need to obtain a work permit. In general, work permits are temporary authorizations issued by the bodies in charge of regulating each profession that allow foreigners to practice their profession within the framework of their work in the country. Complying with this requirement will prevent both the foreigner and the company from being sanctioned by these regulatory entities.

Environmental

Grenada’s draft environmental legislation is purposed toward the management and protection of the country’s natural resources and ensuring sustainable development. Whilst the Environmental Management Act is still in draft and has not yet been enacted, the provisions are meant to govern the Environmental Management Authority which is responsible for overseeing environmental protection and implementing policies related to natural resource management. This Draft legislation provides a framework for environmental impact assessment ("EIA") to evaluate and mitigate the impact of projects on the environment. Despite there not being a primary environmental protection act, there are some other legislations, which are in some cases subsidiary, which offer environmental protection:

  • The National Parks and Protected Areas Act, Cap 206 of the 2010 Revised Laws of Grenada
    Establishes and manages protected areas including national parks, wildlife reserves and marine protected areas to conserve critical habitats. The Act also regulates protected areas to prevent ecological harm and preserve natural resources.
  • The Solid Waste Management Act Chapter 334A
    Regulates the collection, disposal, recycling and management of solid waste. Further to this, the Act aims to minimize waste generation and manage waste in an environmentally responsible manner.
  • The Forest Soil and Water Conservation Act Cap 116 of the 2010 Revised Laws of Grenada
    Outlines the statutory protection of forested areas in Grenada and sets out some offenses and procedures for the felling of certain trees without a permit or other environmental offenses intended to cause damage or wrongful gain.
  • The Integrated Coastal Zone Management Act 8 of 2019
    This legislation was enacted in 2019 and manages the development and use of the coastal areas to protect marine and coastal ecosystems. It focuses on mitigating coastal erosion and coastal resource use. This is especially important to Grenada as tourism is a significant revenue generator it is intrinsic to legislate against the harmful effects of rapid coastal development which may be a factor in habitat loss, coastal species/animal displacement and coastal erosion. This Act is further bolstered by the Integrated Coastal Zone Management Policy which was formulated by the Ministry with responsibility for the Environment of the Government of Grenada and sets out some relevant practical environmental guidelines and principles to bolster the Act.

One of the major challenges Grenada faces regarding environmental regulation is enforcement and compliance of existing regulations and laws, this can be difficult due to limited resources and capacity. Further, Grenada’s government is working on implementing mechanisms to increase public awareness, as it is critical, to the improvement and implementation of legal compliance with environmental protection mechanisms.

Real Estate

The generally established position is that Grenada’s land tenure system is characterized by a mix of formal and informal arrangements for its unregistered land system. Grenada's real property law governs the ownership, transfer, and use of land and property. Significant aspects of real property law in Grenada are discussed in part below:

  • Land Ownership and Tenure
    Ownership can be freehold (perpetual ownership) or leasehold (ownership for a fixed period). Grenadian law also recognizes various forms of land tenure, including customary and statutory rights.
  • Land Registration
    In accordance with statute land transactions must be registered to establish legal ownership and ensure public notice. This process helps prevent disputes and establishes a clear chain of title pursuant to the Deeds and Land Registry Act Chapter 79 of the 2010 Revised Laws of Grenada. In furtherance of this, the Deeds and Land Registry maintains records of land ownership, transfers, and encumbrances. It provides a system for recording property interests and ensuring their legal enforceability. Despite this statutory position landowners especially in rural communities possess land under informal or customary arrangements that may lack formal recognition. This in turn leads to disputes and difficulties in the acquisition of mortgages/loans and or the transferring of property. A statutory mechanism in place to combat this is the acquisition of title through the Possessory Title Act No 22 of 2016(1) and the Crown Lands Rules contained in the Crown Lands Act Cap 73 of the 2010 Revised Laws of Grenada.

    Non-nationals and foreign companies must obtain an Alien Land Holding License in accordance with the Alien (Land Holding Regulations) Act Cap 13 of the 2010 Revised Laws of Grenada (as amended) to hold interest/rights in both land and mortgages. Notably, Alien Landholding Licenses are also required for leasehold agreements extending past one year.
  • Transfer of Property
    Sale and Transfer: Property transfers require a written agreement and must be executed through a deed of conveyance. This document must be registered with the Deeds and Land Registry to complete the transfer. Property transactions are also subject to stamp duty, which is a tax on the transfer of property ownership. Transactions under this part are governed by the Conveyancing and Law of Property Act Chapter 64 of the 2010 Revised Laws of Grenada (as amended). Where property disputes arise, they are resolved through the court; the High Court of Grenada is primarily responsible for dealing with boundary disputes and/or title claims.

    The definition of ‘property’, as set out in Section 2 of the Property Transfer Tax Act Chap 257C of the 2010 Revised Laws of Grenada (as amended) ("PTT") includes ‘shares issued by or on behalf of a company’. Section 13 of the PTT is instructive and sets out the duties of companies in relation to the transfer of shares specifying:

    ‘No transfer of shares which is chargeable with tax under this Act shall be registered for the purposes of the Companies Act unless there is first produced to the directors, secretary or other authorized officer or agent of the company by or on behalf of which the shares were issued a receipt for the payment of such tax or a certificate issued by or on behalf of the Comptroller stating that such transfer is exempt from tax.’

  • Leasehold Interests
    The terms under which property is leased are determined by virtue of a leasehold agreement. These agreements must be in writing and specify the lease term, rent, and other conditions. Leasehold agreements outline the rights and responsibilities of both landlords and tenants, including maintenance and repair duties. The general dealings between a landlord and tenant are governed by the Landlord and Tenant Act Chapter 164 of the 2010 Revised Laws of Grenada and the Rent Restriction Act Chapter 286 of the 2010 Revised Laws of Grenada.
  • Land Use and Zoning
    Regulated by the Physical Planning and Development Control Act No. 23 of 2016 (as amended), which covers zoning, land use planning, and building permits. This Act aims to manage land development and ensure it aligns with national development goals.
  • Inheritance and Succession
    Property inheritance is governed by Grenada's laws of succession, which include provisions for Wills and testamentary documents, intestate succession, in cases where there is no existing Will, and the administration of estates.
  • Easements and Rights of Way
    The rights to use another person's land for specific purposes(easements), such as access or utility services, are regulated by law and must be documented and registered. This is governed by the Conveyancing and Law of Property Act Cap 64 of the 2010 Revised Laws of Grenada (as amended) and in some cases the Prescription Act Chapter 252 of the 2010 Revised Laws of Grenada.

Grenada's real property law is designed to provide a structured and transparent system for managing land ownership, transactions, and use, ensuring legal clarity and protection for property owners and users.

(1) Possessory Titles Act, Chapter 328: i (fao.org

Intellectual Property

In Grenada, trademarks, trade names, slogans, and trade secrets are regulated under the Trademarks Act (Act No. 1 of 2012) and the Copyrights Act No. 21 of 2011. Patents are governed by the Patents Act (Act No. 16 of 2011). The Corporate Affairs and Intellectual Property Office ("CAIPO") is the governmental agency responsible for overseeing intellectual property matters: 

  • Trademarks and Patents
    Trademarks and patents are only protected through registration, whereas trade names and emblems attain protection by evidencing continuous and public use. Any act or agreement in connection with trademarks and patents, such as transfers, or even modifications regarding the owner’s name or his place of business, must be recorded before the CAIPO to become enforceable vis-à-vis third parties.

    Trademark registration affords protection throughout a 10-year term, which may be renewed indefinitely for subsequent equal terms. Patent protection is in force throughout a non-renewable 20-year term, starting from the filing date of the application.

    Additionally, patent owners who apply in a Paris Convention member state can claim Paris Convention Priority within 12 months. Grenada is also a signatory to the Patent Cooperation Treaty ("PCT").
  • Trade Secrets
    Information that is meant to be used in industrial, productive or commercial activity, and whose nature allows it to be transferred from one party to another, will be protected as a trade secret, provided that (i) is secret, in such a way that it is not of public knowledge, nor may it be easily attainable by those knowledgeable in the respective matter; (ii) has a commercial value due to its secrecy, and (iii) has been subject to reasonable efforts to keep the information confidential. Consequently, industrial secrecy protection arises regardless of registration, whenever the requisites are met. Among others, know-how and confidential information can be protected as industrial secrets.
  • Copyrights
    In Grenada, copyrights are regulated by the Copyright Act No. 21 of 2011. According to Grenadian law, the authors of protected works are granted both moral and economic rights. Copyright protection is automatic and does not require registration. However, registering a work with CAIPO is recommended to establish enforceability, provide evidence of authorship, and confirm the date of creation. Additionally, registering related contracts with CAIPO is advisable for comprehensive protection.
  • Enforcement of IP Rights
    The applicable legislation also contains regulations regarding legal actions that can be initiated in the event that third parties infringe copyrights or intellectual property rights, including civil actions for infringement or criminal liability. The legislation also includes the possibility of requesting ex parte preliminary injunctions.
Consumer

Grenada has a robust Consumer Protection Act which is relatively new and enacted in 2018. There, the consumer is defined as any person who:

a) who buys any good under an agreement or transaction and includes any other user of the good, when such use is made with the consent of the person who buys the good, but does not include a person who obtains the good for resale or for any commercial purpose; (b) who hires or avails of any service under a consumer agreement and includes any other beneficiary of such services, when such service is availed of with the consent of the hirer, but does not include a person who hires or avails of such a service for any commercial purposes; (c) to whom a good is intended to be supplied in the course of business carried on by a supplier or potential supplier; or (d) for whom a service is supplied in the course of a business carried on by the supplier or potential supplier;and the person does not seek to receive the good or service for the purpose of a business carried on by him or her….’

The consumer protection regime under this Act includes several key provisions:

  • Consumer Rights
    The Act establishes fundamental rights for consumers, including the right to fair treatment, accurate information, and safe products.
  • Unfair Trade Practices
    It prohibits deceptive, misleading, and unfair practices by businesses, ensuring that consumers are not misled about goods and services. Part VIII of the Act sets out the ‘false misleading and deceptive’ supplier conduct and representation that will constitute an unfair trade practice.
  • Product Safety
    The Act requires that products meet safety standards and are free from defects that could harm consumers.
  • Redress Mechanisms
    It provides mechanisms for consumers to seek redress for grievances, including the right to return defective goods and seek compensation for damages.
  • Enforcement
    The Act empowers regulatory authorities to investigate complaints, enforce compliance, and impose penalties for violations.
Compliance

Grenada is a member of the Caribbean Financial Action Task Force ("CFATF") which is a regional body affiliated with the United Nations and its Financial Action Task Force ("FATF"). Therefore, while Grenada is not a direct member of the FATF, it participates in CFATF which operates as the regional equivalent of the FATF. As such Grenada is mandated to comply with the standards on prevention and sanction of money laundering, financing of terrorism, and financing the proliferation of weapons of mass destruction (AML/FT/FPWMD).

On a domestic level, the Financial Intelligence Unit and the Grenada Authority for Regulation of Financial Institutions ("GARFI") oversee compliance within financial institutions including Anti-Money Laundering ("AML") and combatting the financing of terrorism ("CFT") measures. Since Grenada is an OECS Member state the financial industry is mandated to comply with regulations set by the Eastern Caribbean Central Bank ("ECCB"). Whilst both organizations carry out a compliance function, GARFI primarily oversees non-banking financial institutions whereas ECCB regulates the banking system.

As it pertains to AML and CFT Grenada adheres to international standards set by organizations like the FATF, which mandates rigorous AML/CTF policies for financial institutions including customer service due diligence and suspicious activity reporting. For example, law firms in Grenada require all new clients to complete, Know You Client ("KYC") Forms before payment of any retainer fees. These forms include name, date of birth and other relevant client information and must be completed and returned along with verifiable identification such as a copy of a client’s national identification card. Additionally, both local and international businesses that have been incorporated under the laws of Grenada are required to adhere to the Companies Act which sets out compliance requirements for corporate governance, financial reporting and overall transparency.

Personal Data

Grenada’s approach to personal data protection is evolving, but as of now, there are no comprehensive data protection laws akin to the General Data Protection Regulation ("GDPR") in the European Union or similar regulations in other commonwealth jurisdictions i.e. the Data Protection Act of Trinidad and Tobago(1). Nevertheless, Grenada has taken some notable steps, such as the introduction of the Data Protection Bill of 2023, in Parliament which is aimed at ‘promoting the protection of personal data processed by both private and public bodies in Grenada’ and contains several privacy protection frameworks such as the data integrity principle(2), and security principle(3).

In the absence of specific legislation, there are certain legislative and regulatory frameworks that provide, to an extent, some level of privacy and data protection:

  • The Constitution of Grenada
    Provides a general right to privacy, though it is not detailed in terms of data protection.
  • The Public Telecommunications Act (as amended) 2000
    Contains provisions related to data privacy and the protection of communications, which could impact how telecommunications providers handle personal data. While this legislation is mainly focused on regulating the telecommunication sector the aspects related to privacy include:
    • Confidentiality of Communication
      Telecommunication operators are prohibited from disclosing the content of communications without consent save and except for circumstances delineated by law
    • Data Security
      The Act requires telecommunication service providers to implement measures to protect the security of their networks and the data they handle. This means that personal information which is collected during the provision of telecommunication services must be safeguarded.
    • The Public Utilities Commission
      In Grenada oversees compliance with the Act and has the authority to set guidelines and enforce regulations to ensure privacy standards are upheld
    • Legal Access
      The Act specifies that there are specific conditions that must be met for law enforcement or other legal entities to access telecommunication data i.e. a court order or legal warrant. [see: Sections 6, 9 and 10 of the Act]

In addition, there are the following measures to assist in personal data protection:

  • Consumer Protection
    The Consumer Protection Act addresses unfair trade practices and includes aspects related to the handling of personal information in the context of consumer transactions.
  • Sector-Specific Regulations
    Certain sectors, such as financial services, may have specific regulations that include provisions on handling and protecting personal data.
  • Regional Frameworks
    As a member of CARICOM, Grenada may be influenced by regional initiatives aimed at data protection and privacy, although there is no specific regional data protection regulation in place as of now.

Overall, there is no comprehensive data protection law at present. There are ongoing discussions and potential developments in this area as awareness of data protection issues grows globally.

(1) Data Protection Act, Chapter 22:04 of 2011: Integrity (legalaffairs.gov.tt
(2) Data integrity refers to the requirement that data must be accurate, complete and reliable. This ensures that data is maintained in such a way that prevents unauthorized alterations or deletions and that it remains consistent and correct throughout its life cycle: What is Data Integrity? | IBM
(3) Security Principle ensures that data is protected against unauthorized access, breaches and other forms of compromises and encompasses various measures and practices to safeguard data from threats and vulnerabilities: What Is Data Security? | IBM

Antitrust

Grenada does not have a comprehensive set of anti-trust laws akin to those found in larger economies like the United States or the European Union. However, there are legal frameworks in place aimed at regulating market competition and preventing anti-competitive practices:

  • Trade Policies
    Grenada's approach to competition is influenced by regional trade agreements and policies. As a member of the Caribbean Community ("CARICOM"), Grenada adheres to certain CARICOM competition policies, which aim to promote fair competition and prevent practices that could hinder trade or create monopolies within the region. CARICOM countries have adopted export promotion measures including fiscal incentive regimes and export financing policies. Examples of this can be seen in additional trade charges applied in Grenada such as customs surcharges, stamp duty and consumption taxes i.e. Value Added Tax, Sales Taxes on imported goods.

    There have also been discussions on the implementation of model draft bills at the CARICOM and Organization of Eastern Caribbean States ("OECS") levels geared toward strengthening market regimes under CSME. CARICOM also established a Competition Commission and plans are underway to establish a sub-regional Eastern Caribbean Competition Commission.
  • Consumer Protection
    The Consumer Protection Act 2018 (as amended) provides some level of oversight concerning unfair trade practices, including deceptive advertising and unfair business practices. While not specifically an anti-trust law, it addresses issues related to consumer rights and market fairness. The Long Title of the Act sets out that its purpose and aim is:

    ‘to provide for the promotion and protection of consumer interests, in relation to the supply of goods and the provision of services; to ensure the protection of life, health and safety of consumers; the establishment of a Consumer Affairs Office; the establishment of the Consumer Affairs Tribunal; and for connected purposes.’
  • Regulatory Bodies
    Various regulatory bodies oversee different sectors of the economy. For example, the Public Utilities Commission regulates utilities and may have some influence on competitive practices within those industries.
  • Legislative Developments
    There have been discussions and proposals for more robust competition legislation, but as of now, Grenada’s legal framework for addressing anti-competitive behavior remains relatively limited compared to larger jurisdictions.

While Grenada has some mechanisms to address competition issues, it lacks a dedicated and targeted antitrust framework that comprehensively covers all aspects of market competition and anti-competitive practices.

Infrastructure and Public Utilities

Grenada is a developing country with a mix of historic and modern infrastructure. There is an international airport at Point Salines on mainland Grenada and a small craft airport in Lauriston Carriacou. There are no railroad systems. Since Grenada is a tri-island state, there are several ports with the main port being in the city, St. George’s. There is also a separate port for cruise ships. Public transportation is primarily in the form of minibuses; however, taxis and other chartered means of transportation are available across Grenada, in the various parishes. On Sundays however public transportation is limited in keeping with most places in Grenada being closed.

Grenada has a range of infrastructure and public utilities that support its residents and economy.

Transportation

  • Roads
    Grenada has a network of paved and unpaved roads connecting major towns and rural areas. The road conditions can vary, with some areas being well-maintained and others less so.

  • Public Transit
    The island has a limited public bus system, which operates routes mainly within the capital, St. George's, and other major towns.

  • Ports
    Grenada has several ports, including the Port of St. George's, which handles cargo and cruise ships. There are also smaller ports for inter-island ferry services.

  • Airports
    The main international gateway is Maurice Bishop International Airport ("MBIA"), located in Point Salines. It serves both domestic and international flights.

Utilities

  • Electricity
    Grenada’s electricity is primarily generated through diesel-powered plants, though there are efforts to integrate more renewable energy sources, such as solar power.

  • Water Supply
    The water supply is managed by the Grenada Water Authority (NAWASA), with a mix of sources including rivers, reservoirs, and rainwater harvesting systems. There can be issues with water pressure and availability in some areas.

  • Sewage and Waste Management
    Wastewater treatment facilities exist, but infrastructure for sewage can be limited in rural areas. Solid waste management includes municipal collection and a central landfill.

Communications

  • Telecommunications
    Grenada has a reasonably developed telecommunications infrastructure, including mobile and landline services. Internet access is available, though speeds and coverage can vary.

  • Broadcast Media
    There are several local radio and television stations providing news and entertainment.

Healthcare

  • Facilities
    The country has a network of public and private healthcare facilities, with the General Hospital in St. George's being the primary public hospital. There are also several public health centers located throughout the parishes which operate specialized clinics on designated days. There are also several government-funded healthcare initiatives Grenada Family Planning Association which periods screening for various diseases with little to no charge. Health services are generally accessible but can be limited compared to more developed countries.

Education

  • Schools and Institutions
    Grenada has a range of educational institutions, including primary and secondary schools, and the T.A. Marryshow Community College for higher education.

Grenada has essential infrastructure and public utilities and there are ongoing efforts to enhance and modernize these systems to better meet the needs of its population and support economic development.

Voluntary Liquidation

In Grenada, voluntary liquidation is governed by the Companies Act Cap 58A of the 2010 Revised Laws of Grenada (as amended). The process is typically used when a company’s members or shareholders decide to wind up the company because it has fulfilled its purpose or due to financial difficulties. A company’s bylaws are also instructive as they usually set the parameters of voluntary dissolution such as the grounds for dissolution which include:

  • Voluntary Dissolution
    • Members Voluntary Dissolution
      Initiated by a special resolution from the creditors of a solvent Company who decide to wind up the company.
    • Creditors Voluntary Dissolution
      This happens when a Company is insolvent. The directors usually call a meeting to resolve the Company’s insolvency and then a creditors meeting is held to appoint a liquidator who will oversee/manage the liquidation process.
  • Resolution and Appointment
    • Members Voluntary Resolution
      Requires a special resolution by shareholders and the appointment of a liquidator who will be responsible for settling the Company’s affairs: The General Shareholders' Assembly must approve the dissolution of the company and appointment of the liquidator (the liquidator must issue written acceptance however general practice shows that qualified acceptance i.e. acceptance recorded in meeting minutes will suffice).

      Creditors Voluntary Dissolution Involves both a shareholders’ resolution and creditors’ meeting. The creditors’ meeting is crucial as it appoints the liquidator and may influence how the liquidation proceeds.
  • The Liquidator's Role
    • The liquidator takes control of the company's assets, settles debts and distributes any remaining assets to shareholders. They also ensure compliance with legal requirements and may conduct investigations into a company’s affairs
  • Legal Procedure
    • The Company must file a notice of liquidation with the Registrar and advertise the liquidation to inform creditors and other interested parties. The law also necessitates that the liquidator report on the liquidation process throughout the process.
  • Completion
    Upon completion, the liquidator will apply to the Court for an order to dissolve the Company.

This process aims to provide an orderly way to wind up a Company, formally ending the Company’s affairs, ensuring that creditors are paid, to the extent that is possible, and that shareholders receive their due entitlements. A company’s bylaws are also instructive as they establish the grounds for dissolution, which ordinarily include termination of the term or duration of the company, the impossibility of carrying out the activities inherent to the corporate purpose, by the decision of the shareholders, among others.

Whilst the focus of this part is voluntary dissolution, dissolution may also occur by way of court-ordered dissolution due to insolvency, unfair prejudice against shareholders where operations are conducted in a manner that is oppressive to any part(s) of its membership, any other reason that the Court may see fit i.e. persistent default in filing statutory documents, administrative dissolution by the Registrar of Companies for failing to comply with statutory obligations i.e. the filing of annual returns and/or the expiration of time where a company was established for a specified period of time. Each of these methods involves different procedures and requirements and must be executed in tandem with the provisions of the Companies Act and/or any other relevant legislation.

Insolvency and Bankruptcy Regime

Bankruptcy and Insolvency laws in Grenada are governed by the Bankruptcy and Insolvency Act, 2016 and the High Court of Grenada has exclusive jurisdiction. This legislation provides the framework for the resolution of insolvency issues for individuals and companies. It outlines the procedures for declaring bankruptcy, the appointment of trustees and the distribution of assets among creditors. Part lll of the Act sets out what constitutes bankruptcy and the procedure for creditors to apply to the court for a Bankruptcy Order against a debtor and/or the appointment of a trustee in bankruptcy. The Act also instructs on the appointment of an interim receiver when awaiting a judgment from the Court on the outcome of an application for a Bankruptcy order.

The key features which are included in Grenada’s Bankruptcy and Insolvency framework are as follows:

  • Liquidation
    For companies this involves the winding up of the company’s affairs, selling off assets and distributing proceeds to creditors. Liquidation may be voluntary (initiated by the company) or involuntary (initiated by the creditors or the Court)
  • Receivership
    This process involves appointing a receiver to manage the company’s assets and operations to recover as much of the outstanding sum as possible. Notably, the receivership regime is usually pursued in the case of secure creditors with a specific charge over a company’s assets i.e. debentures
  • Rehabilitation
    This regime allows for the restructuring of debts and the rehabilitation of financially distressed entities aimed at avoiding liquidation and dissolution of the business; and allowing a business to continue operating as a going concern.
  • Company Voluntary Agreements
    This is a formal agreement between a company and its creditors to restructure and repay debts over time. It aims to avoid liquidation and allow the company to continue its operations. Company Voluntary agreements may be initiated upon an order of the court or through reliance on the provisions of a company’s bylaws. In the event of insolvency or liquidation, Grenadian law mandates that the parties shall first seek to settle their differences through consultation. Where the parties fail to resolve the matter, they are entitled to submit their dispute to arbitration; file a claim; invoke the jurisdiction of the Caribbean Court of Justice; or adopt such other procedures as provided for in the Company’s by-laws. Section 7(1) of the Arbitration Act, Cap 19 of 2010 Continuous Revised Laws of Grenada endows the Court with a wide discretion to ‘stay parallel and related proceedings which are to be resolved pursuant to a valid and binding and binding arbitrations agreement.’
  • Individual Bankruptcy
    This process for individuals involves similar steps including the liquidation of personal assets to satisfy outstanding debts.
  • Creditor Rights
    The act provides for the protection of creditor rights through formal procedures for claims and asset distribution. Part VI of the Act sets out the order of priority for repaying the different classes of creditors which is as follows:
    • Secured Creditors
      These are creditors who have a claim backed by collateral. They are paid first from the sale of the proceeds of a secured asset.
    • Preferred Creditors
      These often include employees who are owed wages and certain statutory claims such as taxes.
    • Unsecured Creditors
      These creditors do not have collateral backing their claims.
    • Shareholders
      Any remaining assets after all other creditors are paid are distributed to the company’s shareholders and owners.

Doing Business Latin America

Grenada

(Latin America/Caribbean) Firm Grant, Joseph & Co.

Contributors Sheila Harris

Updated 16 Sep 2024