INTRODUCTION
The British Virgin Islands (BVI) is a group of islands
in the Caribbean Sea located approximately 80 kilomeres
east of Puerto Rico. The BVI is a British Dependent
Terrytory which became self-governing in 1967 and
is a member of the British Commonwealth. Since introducing
its International Business Company (IBC) legislation
in 1984, the BVI offshore financial services sector
has developed, and is now the world’s most popular
offshore centre with around 700,000 companies incorporated.
The newly enacted BC Act should further enhance
the jurisdictions popularity. LAW AND
TAXATION
The legal system is based on the English
common law supplemented by local ordinances. There
are no taxes levied on BCS with the exception
of the annual government licence fee which is
USD350 for companies with number of shares authorised
to issue equal to 50,000 of less. Companies that
fail to pay their licence fee by the due date
are subject to penalties and will be struck off
for non-payment five months after the due date.
There are no exchange controls or restrictions
on the flow of currency in or out of the territory.
LOCAL INFRASTRUCTURE
The BVI has now attracted a healthy number
of international accounting firms and international
standard law firms. There are at present, relatively
few banks and financial institutions. The Companies
Registry in the BVI is technically advanced and
efficient.
There are no special statutory provisions governing
secrecy in relation to companies, however statutory
filing requirements are minimal and the English
law, which applies to the jurisdiction, does impose
a common law duty on professionals to keep the
affairs of their clients confidential.
CORPORATE REQUIREMENTS
Each BVI company must have a Registered
Agent and Registered Office in the BVI, provided
by a licensed trust company.
Each company must have at least one director
and corporate directors are permitted. However,
under the Business Companies (Amendment) Act 2005
“the New Act”, every newly incorporated company
will be required to appoint first directors within
6 months of the date of incorporation and the
original or copy of the Register of Directors
will be required to be kept at the office of the
Registered Agent. Details of the directors do
not appear on any public record, although there
are provisions for optional filing at the Registry
of Corporate Affairs of this information if required.
The company should have at least one shareholder
and bearer shares are allowed. Under the new Act,
bearer share certificates will have to be held
by an approved Custodian. The Register of Shareholders
or a copy thereof should be kept at the office
of the Registered Agent. Details of the shareholders
do not appear on any public record, althought
there are provisions for optional filing at the
Registry of Corporate Affairs of this information
if required. Often, it is advisable to keep the
original register in the BVI for stamp duty reason.
There are no requirements for Annual Returns,
Annual Meetings or Audited Accounts.
OUR SERVICES
We have a substantial stock of companies with
a wide selection of names that are immediately
available for purchase. We can incorporate a company
with your choice of name and can also confirm
the availability of names in advance. All companies
are provided with a complete company kit, including
share certificates, 5 copies of the M&A plus
and electronic copy on CD-ROM, statutory registers,
common seal, company chop and a certificate of
guarantee of quality. In addition, we can assist
clients in obtaining certificates of good standing,
registered agent certificates and other certificates
of corporate existence. We do not provide corporate
management services but would be pleased to introduce
you to other professional firms which do.
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