ArticleData Protection Act Enters Into Force In The BVIOn 9 July 2021, the Data Protection Act, 2021 came into force in the British Virgin Islands...British Virgin IslandsPrivacyConyers
ArticleAmendments To The BVI Business Companies ActOn 1 January 2023, the BVI Business Companies Act, 2004 will be amended by the: (1) BVI Business Companies (Amendment) Act, 2022; and (2) the BVI Business Companies (Amendment) Regulations, 2022 (together the "Amendments"). British Virgin IslandsCorporate/Commercial LawCarey Olsen
ArticleBritish Virgin Islands Corporate And Finance Update Q2 2024Our corporate team outline the latest developments within the corporate and finance market in the British Virgin Islands (BVI).British Virgin IslandsCorporate/Commercial LawCarey Olsen
ArticleBVI Annual Returns And Economic Substance Filing DeadlinesBritish Virgin Islands ("BVI") companies must file an annual financial return with their registered agent setting out certain financial information for their 2023 financial year onwards, unless they are exempt.British Virgin IslandsCorporate/Commercial LawMaples Group
ArticleBVI Business Companies Act To Be Further EnhancedThe renowned BVI Business Companies Act which came into effect 2005 and modernised the BVI corporate law regime promulgated under the earlier International Business Companies Act of 1984...British Virgin IslandsCorporate/Commercial LawO'Neal Webster
ArticleBVI Company Law Series - Continuations OutThe BVI Business Companies Act, 2004 (as amended) (the "Act") and its predecessor statute have long recognised that companies which incorporate in one jurisdiction may benefit from the...British Virgin IslandsCorporate/Commercial LawWalkers
ArticleCollas Crill Explains...Continuing A Company Out Of The British Virgin Islands (BVI)In the BVI, the process by which a company changes its nationality or place of registration is called a continuation. It is also commonly referred to as a migration or re-domiciliation.British Virgin IslandsCorporate/Commercial LawCollas Crill
ArticleContinuing Requirements For BVI PartnershipsThe Partnership Act, 1996 and the Mutual Legal Assistance Amendment Act 2003 set out a number of on-going administrative and record-keeping obligations with which all partnerships incorporated in the British Virgin Islands must comply. British Virgin IslandsCorporate/Commercial LawCarey Olsen
ArticleFilling The Void On The Death Of A Sole Shareholder/DirectorIt is not unusual for a BVI company to have a single shareholder and a single director. It is not uncommon for that shareholder and director to be an individual, and for that individual to be both...British Virgin IslandsCorporate/Commercial LawWalkers
ArticleMaking A Success Of Succession Planning: Structuring The Holding Of Assets Using British Virgin Islands (BVI) CompaniesMany private investors use BVI companies to hold their assets. Complications can arise on death of the investor (D)British Virgin IslandsCorporate/Commercial LawCollas Crill
ArticleThe Limits Of DUOMATIC: The Court Of Appeal Clarifies The Scope Of The Doctrine In The BVI In Two Back-to-Back DecisionsIn two decisions from the British Virgin Islands, Fang Ankong and ors v Green Elite Limited and Arrowcrest Ltd v JSC VTB Bank, the Eastern Caribbean Court of Appeal clarifies the application...British Virgin IslandsCorporate/Commercial LawAppleby
ArticleWhen Do Directors Owe Their Duties To A Company's Creditors Rather Than Its Shareholders?The Court of Appeal has recently ruled in BTI 2014 LLC -v- Sequana SA & Ors [2019] EWCA Civ 112 that an otherwise lawful dividend may still be found to be a transaction defrauding creditors. British Virgin IslandsCorporate/Commercial LawConyers
ArticleBVI Hybrid FundsIn this series of articles we consider two of the more common requests we see in terms of fund structuring options: Multi-Class Funds, and Hybrid Funds.British Virgin IslandsFinance and BankingConyers
ArticleInsolvency 2022Throughout 2022, the British Virgin Islands (BVI) has remained one of the most significant international jurisdictions. According to the latest BVI Financial Services Commission...British Virgin IslandsInsolvency/Bankruptcy/Re-StructuringMaples Group
ArticleThe Modern WorldThe British Virgin Islands (BVI) has for some time been among the top five offshore jurisdictions in the world for the domiciliation of captive insurance vehicles. British Virgin IslandsInsuranceAppleby
ArticleBVI Commercial Court Provides Helpful Guidance On The Function Of Ancillary Claims In A Complex Dispute Concerning Lunan Pharmaceutical Group LimitedWalkers has secured a further victory for its client, Ms. Zhao Long, in a complex dispute regarding the ownership of shares in a significant PRC pharmaceutical company in a further judgment of the British Virgin Islands...British Virgin IslandsLitigation, Mediation & ArbitrationWalkers
ArticleBVI Court Prevents BVI Company From Redomiciling To Preserve Enforcement Against Its SharesA BVI Court case examines whether a publicly traded company can be restrained from redomiciling to another jurisdiction when allegations of fraud and control by interested parties threaten to render enforcement of potential claims impossible. The proceedings reveal the complex interplay between corporate independence, jurisdictional authority, and the protection of alleged fraud victims in offshore litigation. British Virgin IslandsLitigation, Mediation & ArbitrationAppleby
ArticleCross-Border Derivative Issues Considered In Hong Kong, Yet Issues RemainThe Hong Kong Court has held that a shareholder in a BVI company seeking to bring a derivative claim in Hong Kong must first obtain the permission of the BVI Court.British Virgin IslandsLitigation, Mediation & ArbitrationConyers
ArticleHow To Fail At Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order In US$230 Million ClaimIn a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the jurisdiction.British Virgin IslandsLitigation, Mediation & ArbitrationConyers
ArticleWinding Up And Arbitration Clauses: A Timely Reminder That He Who Hesitates Is LostIn Sian Participation Corp. (In Liquidation) –v- Halimeda International Limited BVIHCMAP2021/0017 ("Sian"), the Eastern Caribbean Court of Appeal again had occasion to consider...British Virgin IslandsLitigation, Mediation & ArbitrationWalkers