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FAQs

 

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.

Will the Registry still process Name Reservations for us?

Will the Registry still process Name Reservations for us?

The VIRRGIN system is available for Name Reservations on-line and we encourage all agents to use this feature. Please call the VIRRGIN Customer Care Centre for assistance in completing Name Reservations.

How many people from my organisation should consistently communicate with the Registry of Corporate Affairs?

Designate up to 2 persons to communicate with the Registry for more efficient service and response.

When filing amendments for an automatically re-registered company how do you file the documents?

Refer to company as a BVI Business Company with the existing number and BC approved forms should be used.

What is the fee to conduct a search on a former local company?

The fee is $15.00

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 Company Management Act, 1990?

How may I obtain a copy of the application form for a company management licence, restricted trust licence and general trust licence?

Application forms are available on this 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.

Should anything be attached to e-filings?

Attach the VIRRGIN generated receipt to e-filings

How do you submit final notice documents for an automatically re-registered company that began its winding-up procedures under the IBC Act?

Schedule II, Part VII, paragraph 55 of the BVI Business Companies Act states that Part 1X of the IBC continues to apply in this case. Once the dissolution process started under the IBC Act, it should continue pursuant to Part 1X of the IBC Act.

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.

Is it a requirement that the Commission’s approval be sought for the use of the word “fund” or a derivative thereof prior to the entity being incorporated?

Yes. An entity that intends to use the word “fund” or a derivative thereof in its name is required to seek the Commission’s approval prior to incorporation. However, the Commission has streamlined its procedures to facilitate the approval process. Accordingly, where an entity upon incorporation intends to make an application for licensing, recognition or registration under SIBA, the entity may provide a written undertaking to the Registrar of Corporate Affairs (on making the application for incorporation) stating that upon incorporation, it will make an application for recognition, registration or licensing under SIBA. The undertaking will avoid the need for a separate application for approval to use the “fund” and facilitate the timely incorporation of the entity.

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