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FAQs

 

How can a company file a transaction to dissaply Part VI of Schedule 2 of the transitional provisions?

Filing should be done using Form R208 which is available under the Post Incorporations (BC); Amendment to Memorandum and/or Articles. Please be guided by Paragraph 40, Schedule 2, Part VI, Transitional Provisions, BVI Business Companies Act.

Where an existing private or professional fund has not issued an offering document, should the fund provide to each investor a copy of the investment warning in accordance with Regulation 9(3)?

An existing private or professional fund that has not issued an offering document is required to provide investors and potential investors with an investment warning in all cases where an offer or invitation to purchase or subscribe for shares is made. In relation to existing investors an investment warning is required only where the fund continues to offer them its shares for purchase or subscription. The investment warning should be provided to each investor as a separate document.

What are the capital requirements for a captive by type of business?

Type of business Capital Requirements

General insurers - $100,000

Long-term insurers - $200,000

What is a Registered Agent?

A registered agent as defined by the International Business Companies Act ("IBCA") means "the person who is at any particular time performing the functions of registered agent of a company incorporated under this Act pursuant to subsection (1) of section 39" (of the IBCA).

How do I become a Registered Agent in the BVI?

To become a Registered Agent in the British Virgin Islands, a Company Management Licence or a General Trust Licence must be obtained under the laws of the British Virgin Islands.

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 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 a copy of relevant sections.

Why does VIRRGIN tell me "the name I would like to reserve is not a desirable name for an entity" ?

The Name Reservation screen does not require you to attach the ending to the proposed company name (example LTD or Limited) as the ending is not used to determine likeness to other names on the Register or desirability. Please try your name reservation again excluding the company suffix which you can select at the time of incorporation.

Is there anyway for the Authorised Signatory of one agent to authorise payments in respect of a transaction or inquiry involving a company belonging to another agent?

No, Authorised Signatories are limited to companies and transactions for the specific Registered Agent assigned during the application process.

Can an automatically re-registered company file an amendment and keep the same Memorandum & Articles that it had an IBC?

Yes it can. The transitional provisions allow for this.

What is the fee to obtain a Certificate of Good Standing for a former local company that has been automatically re-registered?

The fee is $25.00

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.

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