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FAQs

 

How may I obtain an application form for a banking licence?

Application forms are available on the website. However, potential applicants are asked to note that applications should be forwarded to the Commission either through a Legal Advocate or Registered Agent. A list of each can be found on this website.

What happens when there is no money in my deposit account?

If you do not have enough funds in your deposit account to support the transactions you are trying to complete you have several options:

  • increase your deposit account through a payment at the Registry
  • select an alternative payment method e.g. credit card
  • remove some items from your transaction list to reduce the transaction total

What do I do when I receive a defect notification?

On receiving a defect notification, please use VIRRGIN to correct and return the filing. Additionally, please alert staff when a defective transaction is selected from the drop down list because the transaction is automatically saved to the staff’s profile that is handling the filing and cannot be accessed by Registry or other agent staff.

How much time does a company have to appoint a registered agent?

A company had two months from the date of automatic re-registered to appoint a registered agent. An amendments to Schedule 2 of the Act is being considered to extend this period beyond 2 months and if this occurs the public will be notified accordingly. However, former local companies are strongly advised to ain to comply with the current requirements of two months (which ends of 28 February, 2009) within which to appoint registered agents.

If the owners of bearer shares of a grandfathered bearer share company failed to deposit them with a custodian or to convert them to or exchange them for registered shares before 31 December, 2009 what options are now available?

The Act provides a clear solution under paragraph 35(4) of Division 5 of Part IV of Schedule 2 (Schedule 2). The company or a person interested in the bearer share may apply to the Court to extend the transition date. The Court hearing the application may extend the transition date by such further period or periods not exceeding one year in total as it considers fit.

Are application fees and approval fees payable for the appointment of a director or senior officer of an investment business licensee?

With effect from January 1, 2011, the application fee for the appointment of a director or senior officer of an investment business licensee is $150 and the approval fee for the appointment of a director or senior officer of an investment business licensee is $250.

Are all insurance companies required to have Insurance Managers?

Only captive insurers are mandated to appoint and and at all times have an insurance manager.

A foreign insurer is required to have a representative in the BVI if it does not operate a branch in the BVI. The representative may be licensed either as an insurance agent or insurance manager.

What are the minimum requirements for a Company Management Licence?

The minimum requirements for obtaining a Company Management Licence are: proven company management experience, a minimum paid up capital of twenty five thousand dollars (US$25,000) and physical presence in the British Virgin Islands. The application fee is two hundred dollars (US$200). Special Note: These requirements are by no means exhaustive.

Note: A consensus has now emerged that only in circumstances where the institution concerned is of blue chip international stature and renown, whose presence in the jurisdiction would be a fillip to the reputation of the BVI as a situs for conduct of international business; or where the institution concerned will be providing additional services not currently provided within the jurisdiction, will company management licences be granted to companies other than companies with local ownership and a physical presence here in the BVI. In both cases, the company is expected to establish its own physical presence and apply for a general trust licence within two years of the grant of the licence. All other interests will initally have to apply for a General Trust Licence.

What are the different types of banking licences issued by the British Virgin Islands?

There are three banking licences issued under the Banks and Trust Companies Act, 1990; a General Banking Licence, a Restricted Class I Banking Licence and a Restricted Class II Banking Licence.

Who is a General Trust Licence holder?

A General Trust Licence holder is an entity which holds a valid general trust licence as prescribed by the Banks and Trust Companies Act, 1990 and enables the holder to carry on trust business without restrictions. Trust business as defined by this Act means "the business of (a) acting as a professional trustee, protector or administrator of a trust or settlement, (b) managing or administering any trust or settlement, and (c) company management as defined by the Company Management Act, 1990.

How are documents from VIRRGIN signed?

Official documents issued by the FSC will be issued by hard copy original and bear an electronically affixed signature.

Can Foreign Character Names be submitted separately?

For existing name reservations, please add foreign character names PRIOR to submission for incorporation. Foreign Character Names cannot be submitted separately except for Change of Name filings. For applications with foreign character names that were not attached to the name reservation, prior to 29 January 2007, please send foreign characters to foreigncharacters@bvifsc.vg

What happens if a company does not appoint a registered agent within the prescribed time?

Failure by a company to appoint a registered agent within the prescribed timeframe means that the company cannot effect any transaction which under the Act can be effected only by a registered agent. In addition, the company may be in violation of its obligations under the Act and is therefore liable to be struck off the Register.

Can the owners of disabled bearer shares in a grandfathered bearer share company submit them to the company and request their exchange for registered shares?

The option of converting or exchanging an existing bearer share of a grandfathered bearer share company to a registered share expired on the transition date. After the transition date the existing bearer shares became disabled and the rights attaching to them were extinguished. In the circumstances, a disabled bearer share may not be exchanged for or converted to a registered share.

Is there a separate fee payable for the approval to appoint directors, senior officers, functionaries or auditors where the approval forms part of an application for licensing, registration or recognition?

As the processing of new applications under SIBA involves the assessment of the applicant’s directors, senior officers, functionaries and auditors, a separate fee is not payable for approval of the appointment.

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