934 results found

In the recent Court of Appeal decision of Steadroy Matthews -v- Garna O'Neal, BVIHCVAP 2015/0019 ("Steadroy Matthews") the Court upheld an award of pre-judgment interest on general damages...

The enforcement toolkit available in the BVI is similar to many other common law jurisdictions. However, the BVI Courts have tailored their approach to meet the challenges...

The relationship between arbitration clauses and winding up proceedings is a contentious issue in many jurisdictions and the debate shows no sign of abating.

The argument that the Arbitration Act ousted the court's existing jurisdiction also failed because it did not meet the standard that a provision of a statute seeking to oust the court's jurisdiction must be expressed in clear terms.

At the 11th hour, the British Virgin Islands Financial Services Commission announced that the Companies Act, 1884 would not be repealed on 31 December 2007 as previously indicated.

The British Virgin Islands’ statutory merger regime is straightforward, well established and effective. It has been used on a number of high profile, public transactions including, for example, Apax Partners’ $1.6 billion buyout of Tommy Hilfiger Corporation, and most recently by Essilor International SA for its recommended US$565 million takeover of NASDAQ listed FGX International Holdings Limited.

The claim in this matter, Zorin Sachak Khan et al v Gany Holdings et al BVI HCMAP 2014/0018, concerns the appropriation of trust property and it sought various trust-related remedies.

In the complex world of offshore asset management, ensuring the security of one's interests becomes even more critical when the owner is incapacitated.

The rise in the number of global HNWIs has seen an increase in demand for lifestyle assets such as yachts, art work, prime real estate and private jets.

Readers will no doubt be familiar with Bernard L. Madoff's Ponzi scheme perpetuated through his firm Bernard L. Madoff Investment Securities LLC.

The trust has always been regarded as one of the best "succession vehicles," but its use to cater for the succession of shares in companies has historically been impeded by a rule of English trust law (the "prudent man of business rule") which is designed to help preserve the value of trust investments.

One of the more popular features of BVI company law is its regime for registering security interests.

New legislation has been recently enacted to further refine the trust legislation, especially the use of Private Trust Companies and VISTA trusts, which will help to ensure that BVI remains at the cutting edge of international trust planning and a jurisdiction of choice for high net worth families from around the globe.

Initially established in the English House of Lords decision in Norwich Pharmacal v Commissioners of Customs and Excise, a Norwich Pharmacal Order is a form of injunctive relief which compels an...

Judgment of the Court in Joined Cases C-37/20 | Luxembourg Business Registers and C-601/20 | Sovim S.A.

Baker & Partners (BVI), acting on behalf of Angela Barkhouse and Toni Shukla (Kroll) as Liquidators of a BVI company, successfully obtained a precedent-setting judgment allowing...

We have prepared this BVI Business Companies Act, 2004 Compendium as a service to our clients.

In this first of two notes relating to continuations (sometimes referred to as migrations or redomiciliations), we look at the requirements and processes for companies which want to continue from one jurisdiction to the BVI.