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ARTICLE · 09 DECEMBER 2019

Shareholders' Rights & Shareholder Activism 2019

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The principal statute governing the formation and operation of a BVI business company is the Business Companies Act 2004, as amended (the ‘BC Act').

British Virgin IslandsCorporate/Commercial Law

1.1 Types of Company

The principal statute governing the formation and operation of a BVI business company is the Business Companies Act 2004, as amended (the 'BC Act'). The BC Act regulates the incorporation of all types of BVI companies, including those limited by shares, those limited by guarantee, unlimited liability companies, restricted purposes companies and segregated portfolio companies. However, the most common form of company in the BVI is a company with limited liability authorised to issue shares.

There are no qualification criteria under BVI law that impose restrictions on which shareholders may invest in a BVI business company. However, any beneficial owner owning, directly or indirectly, 10% or more of the voting shares of a BVI business company will need to satisfy the registered agent's 'know your client' requirements.

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