1) CAYMAN ISLANDS
Supplement No. 2 published with Extraordinary
Gazette No. 64 dated 26th August, 2015.
THE TRADE AND BUSINESS LICENSING LAW
(2007 REVISION)
THE TRADE AND BUSINESS LICENSING (AMENDMENT OF
SCHEDULE) ORDER, 2015
2) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
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3) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
CAYMAN ISLANDS
THE TRADE AND BUSINESS LICENSING LAW
(2007 REVISION)
THE TRADE AND BUSINESS LICENSING (AMENDMENT OF
SCHEDULE) ORDER, 2015
The Cabinet, in exercise of the powers conferred by section 25 of the Trade and
Business Licensing Law (2007 Revision), makes the following Order 1. (1) This Order may be cited as the Trade and Business Licensing
(Amendment of Schedule) Order, 2015.
Citation and expiry
(2) The provisions of this Order shall expire on 31st August, 2016.
2. The Schedule to the Trade and Business Licensing Law (2007 Revision) is
amended by inserting after the final sentence and fee the following heading and
particulars “Temporary Reduction in fees for Micro businesses and Small businesses
1.
For the purposes of this heading the “fee” does not include the non-refundable processing fee that
is to accompany every application for the grant or renewal of a
licence;
(b) a “micro business” is a trade or business that (i) is independently owned and operated with close control
over operations and decisions held by the owners and is not
a subsidiary of a local or international business;
(ii) is a for-profit business; and
(iii) employs up to four employees, excluding the owner, and
had an annual gross revenue not exceeding $250,000 in the
preceding fiscal year;
(c) a “mobile business” is a business that is not operated from a fixed
location but from a pedal cycle, motor cycle, motor car or other
motor vehicle;
(d) a “small business” is a trade or business that (a)
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Amendment to the
Schedule to the Trade
and Business Licensing
Law (2007 Revision) fees
4) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
(i)
(e)
(f)
is independently owned and operated with close control
over operations and decisions held by the owners and is not
a subsidiary of a local or international business;
(ii) is a for-profit business;
(iii) employs up to twelve employees, excluding the owner, and
had an annual gross revenue not exceeding $750,000 in the
preceding fiscal year;
the number of employees in a trade or business is determined by (i) the calculation of the average number of employees of the
trade or business based on each of the pay periods for the
preceding 12 calendar months and where the trade or
business has not been in operation for 12 months, the
calculation of the average number of employees of the trade
or business for the months that it has been in operation
preceding the application;
(ii) the inclusion of part-time and temporary employees in the
number of full-time employees; and
(iii) the exclusion of volunteers or persons who receive no
compensation, including payment in kind for work, from the
number of full-time employees; and
the annual gross revenue of a trade or business is determined by
the sum total of revenue for the preceding 12 calendar months
and where the trade or business has not been in operation for 12
months, a projection of the total annual revenue based on the
months for which the trade or business has been in operation.
2. Subject to paragraph 4, where a trade or business is a micro business or
a small business, it shall be eligible for a reduction in the respective fees set
out under the preceding headings in this Schedule, the applicable reduction
being dependent on the location of the trade or business as follows Location of trade
or business
George Town
Percentage reduction on fee
Micro business
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100%
5) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
Small business
75%
Micro business
100%
75%
Micro business
100%
75%
Micro business
100%
50%
Micro business
100%
Small business
Cayman Brac
100%
Small business
Little Cayman
Micro business
Small business
Bodden Town
50%
Small business
North Side
100%
Small business
East End
Micro business
Small business
West Bay
50%
50%
3. Where a trade or business is classified as a “mobile business” the
location will be determined by reference to the “block and parcel” on the
trade and business licence or, in the case of an applicant for a licence, the
address provided on the application form.
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6) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
4. For the avoidance of doubt, the reduction in fees provided for under
this heading and applicable to micro or small businesses in Cayman Brac
and Little Cayman shall be applied to the reduced fee provided for in the
proviso to section 14(1) of the Law.
5. The following classes of micro and small businesses are trades and
businesses that are excluded from the reduction in fees provided for under
this heading (a) providers of auditing services; and
(b) financial services firms other than insurance agents.
6. Every trade or business seeking to benefit from the reduction in fees
provided for under this heading shall provide proof of valid licences from
the relevant regulatory or licensing body, other than a licence provided by
the Board, and proof of being current with pension and health insurance
payments.
7. Applicants for a licence under this Law for the first time that qualify as
micro or small businesses and are seeking to access the reduction in fees are
required to provide documentary proof of projections in a business plan
showing (a)
the description of the business and its principals, its product or
service, the market it will serve, the owners, and its projected
start-up date;
(b) the projected number of employees in the first year; and
(c) the projected revenue and profit in the first year.
8. The Board shall be informed immediately of any change to the
revenue, the number of employees, ownership and licence of any micro or
small business benefitting from the reduction on fees.
9. Failure to inform the Board in accordance with paragraph 8 may result
in the disqualification of the micro or small business from benefitting from
the reduced fees.
10. The final date for an applicant for the grant or renewal of a licence to
be eligible for the reduction in fees, in accordance with the provisions under
this heading, is the 31st day of August, 2016.”.
Revocation
3. The Trade and Business Licensing (Amendment of Schedule) Order, 2014 is
revoked.
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7) The Trade and Business Licensing (Amendment of Schedule) Order, 2015
Made in Cabinet the 25th day of August, 2015.
Meredith Hew
Acting Clerk of the Cabinet.
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