In the last Appleby Asia Alert, we looked at amendments to
Bermuda's economic substance regime that brought all
partnerships, including those which do not elect to have separate
legal personality, within the definition of "relevant
entities" under the Economic Substance Amendment Act 2021. We
noted that similar amendments were expected to be adopted by other
jurisdictions. The latest jurisdictions to follow suit are the
British Virgin Islands (BVI) and the Cayman Islands.
CHANGES TO BVI ECONOMIC SUBSTANCE REGIME
Prior to the amendments introduced by the Economic Substance
(Companies and Limited Partnerships) (Amendment) Act, 2021, the
type of entities falling within scope of the BVI's economic
substance regime under the Economic Substance (Companies and
Limited Partnerships) Act, 2018 (BVI ES Act)
included, among others, limited partnerships with legal
personality. With effect from 30 June 2021, the scope of the
regime was broadened to include limited partnerships