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  • Article

    Reflections From The BVI On The Speech From The Throne

    On 18 January, His Excellency the Governor, Mr. John Rankin, delivered his first Speech from the Throne and the ears of the financial services industry pricked as we heard that:
    British Virgin IslandsCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Snapshot: Registrations Of Charges And Priority Of Security In BVI Law

    A security document does not need to be filed or recorded with any governmental or regulatory authority, agency or court in the BVI in order to ensure the legality
    British Virgin IslandsCorporate/Commercial Law
    Ogier
    Ogier
Article

Re Section 82 of the IBC Act and US Securities Act

Harneys has recently acted for a client in a successful court approved arrangement under section 82 of the International Business Companies Act (Cap. 291) (the "Act"). Importantly the arrangement offered significant benefits to a client with a complex corporate transaction that it wished to put in place. The primary benefit in this case was the ability to seek exemption of exchanged securities from registration under the US Securities Act of 1933, as amended (the "Securities Act&q
British Virgin IslandsEmployment and HR
Harneys
Harneys
  • Article

    Loan To Value Ratios Are Sliding Like An Avalanche Of Debt. What To Do About BVI Debtors? Be First; Be Smarter; Or Cheat

    Now, we don't cheat, so that narrows down one's options! In the iconic scene from the movie Margin Call, it was said, "it sure is a hell of a lot easier to just be first."
    British Virgin IslandsFinance and Banking
    Sterlington PLLC
    Sterlington PLLC
  • Article

    A Person Aggrieved – Prove Your Debt Or Fall Short On Standing

    A recent decision of the British Virgin Islands ("BVI") Commercial Court has seen The Honourable Justice Jack (Ag) clarify the 'aggrieved person' test for an interloper seeking...
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Maples Group
    Maples Group
  • Article

    Widening The Net: BVI Court Expands Post Judgment Norwich Pharmacal Jurisdiction

    In UVW v XYZ, the BVI Court gave an important judgment in relation to the obligations of a registered agent to provide third party disclosure to assist a foreign judgment creditor trace assets.
    British Virgin IslandsInsolvency/Bankruptcy/Re-Structuring
    Harneys
    Harneys
  • Article

    Amendments To The Cyprus Income Tax Law: IP Box

    On 14 October 2016 the Cyprus Income Tax Law (ITL) was amended, effective as from 1 July 2016, introducing a new IP box regime.
    British Virgin IslandsIntellectual Property
    Harneys
    Harneys
  • Article

    BVI Commercial Court Provides Further Guidance On The Black Swan Jurisdiction

    Walkers acts for the respondents to an ex parte order made under the Black Swan jurisdiction, which permits certain preservative orders to be made in support of foreign proceedings.
    British Virgin IslandsLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    British Virgin Islands Reinstated To EU's List Of Cooperative Jurisdictions For Tax Purposes

    We are pleased to announce that following a meeting of the European Union's Economic and Financial Affairs Council on October 17, 2023, the British Virgin Islands (BVI)...
    European UnionTax
    O'Neal Webster
    O'Neal Webster
  • Article

    Reciprocal Enforcement Between Hong Kong And China – Expanded Options

    BVI, Cayman Islands or Bermuda companies listed or with underlying operations in mainland China or Hong Kong
    GlobalLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    BVI Commercial Court Hands Down Seminal Judgment In Unfair Prejudice Claim

    Conyers acted for the successful claimant, Mr Lie, whose unfair prejudice allegations against his fellow shareholder Mr Ng were confirmed by the Court in full.
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    BVI Court Of Appeal Clarifies Derivative Actions, Director Indemnities And Shadow Director Status

    A BVI shareholder sought permission to bring derivative proceedings in England and Wales against directors and creditors of a BVI company, alleging breaches of fiduciary duties and mismanagement of a UK property development project. The Court of Appeal examined whether an offer of indemnity could cure defects in the application and whether shadow directors fall within the scope of BVI Business Companies Act provisions.
    British Virgin IslandsCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Criminal Sanctions In BVI For Trustees Failing To Maintain Trust Records

    On 30 March 2015, the Trustee (Amendment) Act, 2015 (the "Amendment") came into force in the British Virgin Islands ("BVI"). This follows similar amendments in respect of partnerships and companies.
    British Virgin IslandsCorporate/Commercial Law
    Maples Group
    Maples Group
  • Article

    The Advantages Of BVI Funds And How To Set One Up (Video)

    BVI offers a number of advantages for the efficient and cost effective set up of both open-ended and closed-ended funds. This webinar walks you through the menu of BVI funds products...
    British Virgin IslandsFinance and Banking
    Conyers
    Conyers
  • Article

    BVI Premium Service Transactions

    As of 1 December 2015, the Registry of Corporate Affairs in the British Virgin Islands is offering an option for Premium Services which will guarantee a four hour turnaround for certain transactions submitted to the Registry.
    British Virgin IslandsWealth Management
    Harneys
    Harneys
  • Article

    BVI Changes To Registry Fees – Update March 2017

    There will no longer be a separate fee for a new company to register its initial Register of Directors.
    British Virgin IslandsCorporate/Commercial Law
    Walkers
    Walkers
  • Video

    BVI Companies And M&A (Video)

    In the final installment of our webinar series on key developments affecting BVI companies, Partner Anton Goldstein and Counsel Nicholas Kuria provide an overview of the M&A structures available...
    British Virgin IslandsCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    BVI Court Gives Guidance On s175 Procedure

    British Virgin Islands companies are generally free to dispose of their assets on such terms as the directors think fit, but where the assets being disposed of constitute 50% or more of the company’s total assets, then section 175 of the BVI Business Companies Act, 2004 requires that all shareholders (even shareholders holding non-voting shares) must be formally notified of the proposed disposal, and that the disposal must then be approved by a resolution of the shareholders.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    BVI Launches Consultation On Beneficial Ownership Transparency

    The British Virgin Islands Government has initiated a public consultation on its proposed policy for access to the register of beneficial ownership.
    British Virgin IslandsCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    BVI Update: More Changes To BVI Legislation

    On 29 January 2016, the BVI Business Companies (Amendment) Act, 2016 (the "2016 Amendment Act"), was passed into law, retroactive to 15 January 2016.
    British Virgin IslandsCorporate/Commercial Law
    OIL
    OIL
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