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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

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

Are existing private or professional funds that do not currently have a custodian or fund manager required to appoint a custodian and fund manager?

Yes. All private and professional funds, including existing funds, are required to have a custodian and fund manager at all times, unless they are exempted from this requirement by the Commission. Where an existing private or professional fund has not appointed a custodian or a fund manager it should take steps to do so before the first transition date of August 3, 2010, or apply to the Commission for an exemption.

As regards the application process for exemptions, a single application may be made by or on behalf of two or more funds stating the names of the funds for which the exemption is sought and the reasons for the exemption.

What is the application fee for a new insurance entity?

Licence Type Application Fee

Insurer $1,000

Insurance Manager $500

Insurance Agent/broker $500

Loss Adjuster $500

What is an Authorised Agent?

An Authorised Agent is a person designated by a trust company to act as an intermediary between the licence holder and the Commission.

Is there a public register of trusts in the BVI?

Public filing and registration of trust details is not required by BVI law.

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 I file an appeal on a name?

Once the Name Appeal is processed by the Registry, the system will return an email confirmation that includes the proposed name, name reservation number, status and time remaining on the reservation period.

Will documents that have not been officially submitted be honoured by the Registry?

The Registry of Corporate Affairs cannot honour transactions that have been saved or confirmed by agent staff or authorised signatory and not submitted. Documents must have a valid VIRRGIN receipt OR the appropriate Registry Form for acceptance as filed.

How do we discharge a charge that was filed under the IBC Act?

Under Schedule II, Part V, paragraph 38(2) of the BVI Business Companies Act, a company that is re-registered under Part II or III may apply to register a charge that was created prior to the company's re-registration. Where the charge no longer affects the company's property, the company may file a notice under section 165 of the BVI Business Companies Act. Once a notice is duly filed, a certificate is issued by the Registrar indicating the date and time on which the notice was filed.

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.

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.

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