Every company lawyer is taught from an early stage that a director owes their duties to the company, and not to the shareholders or any individual shareholder.

From time to time the BVI Commercial Court is asked to consider whether or not to permit a director of a BVI company to appear in person on behalf of that company.

The BVI Government has enacted a measure which exempts nationals of the People's Republic of China from the need to apply for a visa to visit the BVI for up to six months for business or tourism purposes.

Conyers is very mindful of the strains that are being placed on our clients during the present Covid-19 crisis.

There is no express power conferred by the BCA upon a BVI company or its directors which would permit them unilaterally to 'correct' any entry in the register of members.

A recent judgment from the BVI Commercial Court is a further example of the court's swiftness to exercise its jurisdiction in respect of BVI companies listed on US exchanges.

BVI Economic Substance (Companies and Limited Partnerships) Act, Beneficial Ownership Secure Search System Act and Related Rules and Regulations...

Given the increased scrutiny applied to offshore entities in the current global climate and the introduction of regulatory requirements such as economic substance regimes, beneficial ownership reporting …

In unanimously dismissing the appeal, the Board found that in determining whether payments had been made for an improper purpose, on the facts general purpose could not be separated...

Under BVI law, directors have wide ranging powers to act on behalf of a BVI company without the need to obtain separate member approval.

Most financing transactions require a legal opinion where the BVI entity is a borrower, is providing some type of security or guarantee, or is involved in other complex funding arrangements.

The Eastern Caribbean Court of Appeal recently handed down an important judgment in the case of Al-Thani v Al Thani, permitting the enforcement of foreign oral wills in the BVI.

The BVI Financial Services Commission has introduced new annual return reporting requirements for certain categories of licensees, including trust companies, investment managers/ investment advisors and fund administrators.

The BVI Securities and Investment Business Act contains a consolidated version of the British Virgin Islands Securities and Investment Business Act, 2010 as amended. The most recent legislative amendment...

There is no bespoke legislation dealing with "pre-pack" restructuring or sale of the business or assets of an insolvent British Virgin Islands (BVI) company, and in practice, as primarily a holding company...

Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.

In our British Virgin Islands office, our most popular posts and publications ranged from practical advice on doing business in the jurisdiction through to sanctions on the global stage, ...

In December 2020, Tethyan Copper Company (TCC) obtained an ex-parte order against the Islamic Republic of Pakistan (Pakistan), Pakistan International Airlines Corporation (PIA) and various of its subsidiaries,...

The BVI Commercial Court granted further relief on 28 May in the Nam Tai litigation to stop rival arbitration proceedings commenced in Hong Kong.

Maritime litigators are witnessing an increase in vessel arrests stemming from contractual disputes, with poorly drafted contracts identified as the primary culprit. While no contract can guarantee dispute-free operations, understanding best practices and the importance of tailored agreements can significantly minimize risks in complex maritime transactions subject to delays, sanctions, regulatory requirements, and market conditions.