At present, the names of persons performing as directors of BVI companies are not publicly accessible though this information is filed with the Registrar. Clients should take steps to ensure that the register of directors is up to date with the current directors to comply with the new requirement.
Things you must know about The BVI Business Companies Amendment Act 2022
Presented by
CCP financial
consultants limited
ccpbvi.com
Things you must know about The BVI
Business Companies Amendment Act
2022
The British Virgin Islands ("BVI") continues to
demonstrate its commitment to ensuring that its
financial services industry is aligned with
international best practices, as set by bodies such
as the Global Forum on Transparency and
Exchange of Information for Tax Purposes and the
Financial Action Task Force. Significant changes
have been made to the BVI Business Companies
Act, 2004 with the recent passing of amendments
that will come into force on 1 January 2023.
Public availability of
At pdreisreent,c tthoe rna mneas mof peesrso:ns performing as directors of BVI companies are not
publicly accessible though this information is filed with the Registrar. Clients should take
steps to ensure that the register of directors is up to date with the current directors to
comply with the new requirement. The information which will be publicly available will be
limited to the name of the director.
Register of Members and
VEoxcetpitn gsu cRh iignfohrmtasti:o n is already integrated in a
company's memorandum and articles of association,
pursuant to the Amending Act, a company's register of
members will require including the nature of any voting
rights.
Bearer Share
ATbheo claiptaiboilitny :to subject new bearer shares has
been prohibited for some time and any existing
bearer shares are 'immobilized' if not held by a
licensed custodian and are subject to firm record
keeping obligations.
New Annual
FExicnepat nforc cioamlp aRniees treugurlnate:d by the BVI Financial Services Commission, such as Banks, Insurance companies, Funds and
Fund Managers, there is general record keeping requirement, but there is not firm requirement for a company to maintain
financial records in a prescribed form or to file an annual return.
• Filed with its registered agent within 9 months of the end of the company's calendar year. If a
company's financial year is not a calendar year, the company's financial year, and retained by the
company's registered agent for a minimum period of five years.
• The specific form of the Annual Return has not yet been finalized, but we expect this to comprise a
simple balance sheet and profit and loss.
• The annual financial return will not be available for public search nor will such information be filed
with the Registrar of Corporate Affairs (the "Registrar") or any other regulatory authority. However, a
registered agent will have an obligation to inform the Financial Services Commission if it has not
received the return within 30 days of the due date.
• A company which forms part of a group of companies that prepares and maintains consolidated
accounts will be allowed to file with its registered agent, the consolidated accounts of the group.
Strike Off and
BVI Dcomispsanoiels uarte iuosunal:ly "struck off" the register of companies by the Registrar where
there has been a failure to pay annual registry fees, the company fails to assign a
registered agent or the registered agent resigns without being replaced.
Restoring a dissolved
The cAmoemndinpg aAcnt iynt:roduces a simpler process for restoration under which a company can
now be restored by means of an application to the Registrar within a period of five years
from the date of dissolution.
Continuation outside
the BVI:
With effect from 1st January 2023, a company that wishes to continue outside of the BVI will be
required to give advance notice to its secured and unsecured creditors and members of the proposed
continuation.
Advertise notice of its intention in the BVI Gazette.
Let know its creditors and members in writing of its intention.
GET IN
Are you Ti n OneeUd Co f Hour s igna tu re
p ro fess iona l fi nanc ia l se rv i ces? We
look f o rward to se rv ing you .
ccpbvi.co
m
Road Town, Tortola , British Virgin
Islands
+1 (284) 494-
6777
mail@ccpbvi
.com
THANK
YOU!
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