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  • Article

    Setting Aside A Statutory Demand – BVI Commercial Court Provides Further Guidance Regarding The Application Of The Sparkasse Test

    On 22 January 2020, the Court handed down judgment in the matter of Pacific Fertility Institutes Holding Company Limited v Pacific Fertility Institutes (HK) Holding Company Limited.
    British Virgin IslandsFinance and Banking
    Campbells
    Campbells
  • Article

    Eastern Caribbean Court Of Appeal Delivers Key Ruling Concerning Directors' Duties And Creditor Protection In The British Virgin Islands

    In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director's duty to creditors when a company...
    British Virgin Islands
Insolvency/Bankruptcy/Re-Structuring
Carey Olsen
Carey Olsen
  • Article

    Arbitration Agreements And Insolvency Proceedings

    The British Virgin Islands (BVI) Court tightens up on creditors raising spurious disputes and relying on arbitration clauses to avoid insolvency
    British Virgin IslandsLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    'Chabra' Relief In The BVI – Freezing The Assets Of A Person Who Is Not A Substantive Defendant

    A Chabra injunction is a powerful weapon which can substantially enhance the scope of assets which a claimant can ring-fence. Here, Carey Olsen's Jeremy Lightfoot, Richard Brown and Catie Wang...
    British Virgin IslandsWealth Management
    Carey Olsen
    Carey Olsen
  • Article

    BVI Ruling on the Status of a Redeemed Shareholder

    The BVI Commercial Court, which was established last May, has handed down an important decision on the status of a redeemed shareholder and the application of Section 197 of the Insolvency Act 2003 to the investor’s status.
    British Virgin IslandsWealth Management
    Harneys
    Harneys
  • Article

    Managing BVI Companies

    BVI companies are owned by their shareholders and the directors act as the shareholders’ agents in being responsible and given the powers for the day to day running of the company.
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    BVI Companies: Voluntary Liquidations v Strike Offs

    This industry update looks at two options which are available when a solvent, dormant British Virgin Islands ("BVI") company is no longer needed: a formal members' voluntary...
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    The Reverse Takeover: A BVI Perspective

    A reverse takeover (RTO) is a transaction by which a publicly traded company acquires all the shares of a target company that has an operating business, but whose shares are privately held.
    British Virgin IslandsCorporate/Commercial Law
    O'Neal Webster
    O'Neal Webster
  • Article

    The New BVI Private Investment Funds Regime

    The British Virgin Islands (BVI) has introduced a new regulatory regime for the recognition of private investment funds.
    British Virgin IslandsFinance and Banking
    Conyers
    Conyers
  • Article

    Emerging Hedge Fund Managers - Challenges And Solutions

    Who would want to be a start-up hedge fund manager? Simon Schilder, partner at Ogier in Jersey, and TEAM BVI UK member with BVI Finance, examines the challenges facing the next generation…
    British Virgin IslandsWealth Management
    Ogier
    Ogier
  • Article

    Abuse Of Process And The Court Of Appeal's Approach To Appeals From Without Notice Decisions In The BVI

    In this article David Harby and Dave Marshall outline the findings of the Eastern Caribbean Supreme Court's (the "Court") Court of Appeal in Greater Sail Limited v Nam Tai Property Inc,...
    British Virgin IslandsCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Additional Amendments To BVI's Trustee Act Including Re-Introduction Of The ‘Old Rule In HASTINGS-BASS'

    In addition to the ground-breaking reforms relating to the variation of trusts, reserved powers and the ‘firewall' provisions in the Trustee Act, each of which are covered elsewhere...
    British Virgin IslandsCorporate/Commercial Law
    O'Neal Webster
    O'Neal Webster
  • Article

    BVI Economic Substance: Takeaways From The First Economic Substance Reporting Period

    For many companies incorporated in the British Virgin Islands (BVI), the first deadline for reporting on economic substance (ES) compliance was 29 December 2020
    British Virgin IslandsCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    BVI Strengthens Firewall Provisions In Trustee Act

    O'Neal Webster is pleased to announce that the 'firewall' provisions in the BVI's Trustee Act are now to be made more robust as a result of amendments to section 83A of the Trustee Act which to...
    British Virgin IslandsCorporate/Commercial Law
    O'Neal Webster
    O'Neal Webster
  • Article

    BVI Trusts: Vista Trusts

    A discussion on the Virgin Islands Special Trusts Act, which was introduced in order to allow a shareholder to establish a BVI trust over a BVI company which disengages the trustee from administrative and managerial responsibility in relation to the BVI company.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Segregated Portfolio Companies In The BVI – 03/09/2018

    BVI entity can be either incorporated as a segregated portfolio company or if already incorporated, registered as such by the Registrar.
    British Virgin IslandsCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Update On BVI Business Companies (Amendment) Act And BVI Business Companies And Limited Partnerships (Beneficial Ownership) Regulations

    The Amendments incorporate a number of significant changes to the BVI Business Companies Act (as revised)(BCA), including introducing requirements on BVI companies...
    British Virgin IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    A Brief Guide To Statutory Demands And Applications To Set Aside Statutory Demands In The BVI

    The importance of the statutory demand in BVI insolvency law and practice is derived from section 2 of the Insolvency Act, 2003 (the "Act") where "insolvent" ...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Collas Crill
    Collas Crill
  • Article

    Liquidator Strikes Gold As BVI Mining Company Returns To Solvency

    A British Virgin Islands court has sanctioned a liquidator's application for a blended fee remuneration, including a percentage of revenue from assets sold...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    KRYS Global
    KRYS Global
  • Article

    Offshore Companies Holding Residential Property In The UK — A BVI Perspective

    A summary of possible BVI legal issues for various planning options, following the UK government announcement relating to the removal of residential property from corporate structures.
    British Virgin IslandsWealth Management
    Forbes Hare
    Forbes Hare
  • Showing 581–600 of 934 results

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