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FAQs

 

SPECIAL NOTICE

Please read the Commission’s disclaimer and background statement on the immobilisation of bearer shares prior to viewing FAQs

Are private and professional funds now required to prepare and submit audited financial statements to the Commission and, if so, how does this affect existing funds?

Yes. Under Regulation 10(1) and (4) all private and professional funds, including existing funds, are required to prepare and provide a copy of their audited financial statements to the Commission within six months after the financial year end, unless they have been exempted from the requirement under Regulation 10(2). Existing funds are not required to prepare or submit financial statements in respect of the current financial year where the financial year began before, and ends after, the commencement date (May 17, 2010). However, audited financial statements would be required in respect of the subsequent financial year.

What is the annual licence fee for insurers

Captive - $ 3,500

Reinsurers - $ 7,500

Captive SPC - $ 7,500

Domestic - $ 3,500 with total premium volume of

$0 to $4,999,999

$ 7,500 with total premium volume of

$5,000,000 to $9,999,99

$10,000 with total premium volume of

$10,000,000 and above

What is a principle office?

A principle office is the office of the Company Manager or Trust Licence holder with a physical presence in the (British) Virgin Islands.

With whom do I file a report on a BVI fiduciary company that is suspected of being involved in fraudulent activities?

The Financial Services Commission would be interested in receiving such complaints and will review the matter to determine what are the appropriate steps to take.

What can I do if I have a complaint against a bank in the BVI?

Should you have a complaint against a BVI bank, you are invited to write to the bank explaining your concerns and ask that your request be reviewed by a senior officer or manager of the bank (one who is not directly involved in the complaint). The BVI Financial Services Commission is responsible for the supervision of banks in the British Virgin Islands and does not have the authority to act as arbitrator between parties to a dispute. Albeit, if you feel that the bank has not addressed your concerns the Commission will act mainly as an intermediary, between the complainant and the bank (delete - in question), and seek to establish a factual account of the situation. The Commission will work towards determining whether any violation of laws, regulations and/or policy guidelines has occurred. Complaints are to be made in writing by letter, fax or email to the BVI Financial Services Commission (Commissioner@bvifsc.vg).

How may I obtain a list of the Authorised Agents and Registered Agents of the BVI?

A list of the Authorised Registered Agents of the BVI may be accessed via this website.

Can I have more than one (1) Authorised Signatory?

Yes! Each Authorised Signatory must be setup by the FSC. Please complete the relevant sections on pages 2 and 3 of the Registration Form for each authorised signatory. Authorised Signatories within VIRRGIN are the ONLY users allowed to submit filings that require payment and create staff login accounts for other employees.

Will the Registry make changes to name reservations on an agent's behalf?

Please reserve names exactly as you would like them to appear on the company’s documents. The Registry cannot make changes to name reservations or to applications for incorporation on the agent’s behalf.

Did the company numbers change?

All companies that were automatically re-registered will now have the number 700,000 appended to their original company number. For example company number 1 was changed to company number 700,001, company number 567 was changed to company number 700,567, etc.

DISCLAIMER

These Frequently Asked Questions summarise the views of the Commission regarding the interpretation of the relevant provisions of the BVI Business Companies Act, 2004 in relation to bearer shares generally and specifically with respect to grandfathered bearer shares, and how the Commission expects to apply those provisions. They represent interpretations based on questions raised by the industry. The responses to the FAQs are therefore intended as general guidance to the industry. As it is not a part of the Commission’s remit to offer legal advice to third parties, persons are advised to take independent legal advice on all relevant matters should they so wish.

Can an investment business licence be extended to include a different category of investment business or is a new application required?

Schedule 3 of SIBA lists the categories and sub-categories of investment business licences that may be issued by the Commission. A single licence may be issued in one or more of the categories listed in Schedule 3. Where a licence-holder wishes to extend the scope of its licence to provide services that fall under a new category of investment business, an application for the grant of a licence in the new category must be made. Where the applicant satisfies the requirements for the grant of a licence, the existing licence may be amended to include the new category of investment business. In order to facilitate the application for a licence in the new category of investment business, the Commission may waive the requirement to provide information and supporting documents that were submitted when the application for the existing licence was made.

Does the insurance legislation include provisions for special categories of captives or Rent-A-Captives, Risk Retention Groups, etc.?

The Insurance Act, 2008 does not define categories of captives nor does it provide restrictions on the type of captives that can be formed. Therefore, rent-a-captives and risk retention groups can be formed.

Insurance SPCs may be formed under provisions contained in the BVI Business Companies Act, 2004.

What is a Trust Company?

A Trust Company is a company that carries on trust business as defined in (2) above.

How may I obtain a copy of the Banks and Trust Companies Act, 1990?

The Banks and Trust Companies Act, 1990 is a fairly large document with several amendments. Many service providers have unofficial consolidated copies available for their clients. In so far that a specific issue may be in question the FSC can arrange to mail or fax you relevant sections.

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