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FAQs

 

What information is required for approval of the appointment of directors/senior officers of licence holders?

Documentation required for the appointment of a director/senior officer:

  • Two character references
  • A police certificate/affidavit as to non-criminal record
  • A completed personal questionnaire
  • Notarized copy of individual passport identification page(s)
  • Complete resume

What is the annual licence fee for banks and when are they payable?

  1. General Banking Licence: twenty thousand dollars (US$20,000)
  2. Restricted Class I Banking Licence: sixteen thousand dollars (US$16,000).
  3. Restricted Class II Banking Licence: sixteen thousand dollars (US$16,000).

Payment of these annual licence (renewal) fees is due during the month of January

What are the technical requirements for using VIRRGIN? Do I need to install or download anything to my internal systems?

VIRRGIN is internet based and is accessible through the use of a standard office computer. The specific techincal requirements are:

  • Pentium III processor
  • 512 MB RAM
  • 10 GB Hard Disk
  • Windows XP
  • Internet connection
  • Internet Explorer 6.0 and above (with Multiple Language Support)
  • Adobe Acrobat Reader 7.0
  • Scanner (to scan the documents)
  • Software to convert documents into PDF

Can I use a cheque to make payment for transactions completed on-line?

Payment must be available to the FSC at the time of the transaction. This is facilitated through the deposit account and credit card. The FSC recommends that Agents use the deposit account feature to maintain an available balance for completing transactions using VIRRGIN. All cheques delivered to the Registry's Finance Department will be treated as cash and immediately available for use through VIRRGIN.

Will an automatically re-registered company keep the same number as an IBC?

Unless there are good reasons for the contrary, the company number will remain the same. See paragraph 7(2) of Schedule 2.

How can a company request a certificate of automatic re-registration?

This request can be made online through the Registry's VIRRGIN system. Once you log on to VIRRGIN, go to the section labeled Request for Certifications, and click on the Good Standing tab. From there you can select the automatic re-registration certificate for local companies. A fee of $25.00 is applicable.

What action may be taken against a company that did not deposit its bearer shares with a custodian?

Under paragraph 37 of Schedule 2, the Commission may apply to the Court for the appointment of a liquidator under the Insolvency Act where a company has not deposited its shares with a custodian after the transition date.

When are audited financial statements due from insurance licensees?

Audited financial statements accompanied by a director’s certificate, auditor’s report and annual statutory returns are due within six months of a company’s financial year end. An extension may be requested from the BVI FSC by application pursuant to section 59 of the Insurance Act, 2008.

What are the requirements for an insurance intermediary’s licence??

Currently, any BVI business company carrying on insurance business in or from within the BVI must be licensed by the FSC to do so. All intermediary (agent and broker) licence holders must be BVI business companies. An application, which can be found in the Insurance section of our website (Approved forms and Guidelines) must be submitted to the BVI FSC along with the required documents for consideration.

What criteria are used to determine whether an applicant for a licence is fit and proper?

In determining whether an individual is "fit and proper" the Commission will consider a person's:(a) honesty, integrity and reputation (b) competence and capability and (c) financial soundness.

What are the capital adequacy guidelines for bank licensees?

Under the Banks and Trust Companies Act, 1990 General Banking Licence holders are required to have a minimum fully paid up capital of not less than US$2,000,000 or its equivalent in foreign currencies, or such sum as the Commission, by order determines, and has deposited or invested the sum of $500,000 in such manner as the Commission by order, prescribes.

Under the Banks and Trust Companies Act, 1990 Restricted Class I and Restricted Class II Banking Licence holders are required to have a minimum fully paid up capital of not less than US$1,000,000 or its equivalent in foreign currencies, or such sum as the Commission, by order determines, and has deposited or invested the sum of $500,000 in such manner as the Commission by order, prescribes.

The Financial Services Commission adopts the guidelines as set by the Basel Committee for bank regulation and supervisory practices for the calculation of the capital adequacy ratio. The Basel Committee recommends a minimum capital adequacy ratio based on risk weighted assets of 8%.

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

The Name Reervation 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.

How can I apply for a Certificate of Re-registration for a company that is automatically re-registered?

Apply using Form R805

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.

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