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FAQs

 

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.

How can I amend a name reservation?

Existing name reservations can be amended in the following ways prior to submission of the incorporation

  1. Change in case for each word
  2. Addition of the letter S to any word
  3. Addition of spaces
  4. Addition of punctuation (for example: “&”, “,”, “-“ etc)

For major changes to an existing name reservation we suggest that you request immediate expiration of the name (nameres@bvifsc.vg) and upon receipt of the expiration confirmation re-reserve the name as required.

How do I transfer names from one agent to another?

The Registry cannot facilitate the transfer of names from one agent to another. The holder of the approved name must request immediate expiration of the name to allow the second agent to complete the name reservation

What do I do when I receive a defect notification?

On receiving a defect notification, please use VIRRGIN to correct and return the filing. Additionally, please alert staff when a defective transaction is selected from the drop down list because the transaction is automatically saved to the staff’s profile that is handling the filing and cannot be accessed by Registry or other agent staff.

Can Foreign Character Names be submitted separately?

For existing name reservations, please add foreign character names PRIOR to submission for incorporation. Foreign Character Names cannot be submitted separately except for Change of Name filings. For applications with foreign character names that were not attached to the name reservation, prior to 29 January 2007, please send foreign characters to foreigncharacters@bvifsc.vg

Can I submit filings for IBCs or in an unapproved format?

All companies on the Register are BVI Business Companies or Local (Cap. 285) companies. Filings for IBCs or filings not in the BC approved format will not be accepted.

Do I use control sheets for manual filings?

For manual filings, please separate documents (post incorporations and new incorporations) and submit a control sheet in duplicate for each batch.

  • The control sheet should include date of filing, name of company (or proposed name, transaction description or form number)
  • The Registry’s finance staff will accept and stamp the agent copy of the batch to confirm receipt.

How do I file a BC complaint Memorandum & Articles?

Use Form R205 and submit the documents stated on page 2 of that form. Refer to the BVI Business Companies (Amendment of Schedules) Order, 2006 for requirements for M&A.

What should the subscriber's clause state?

The Act does not specify this, but requires that the Memorandum & Articles be signed by the Registered Agent as registered Agent.

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

Apply using Form R805

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.

If an automatically re-registered company is filing an amendment to prohibit the issuance bearer shares, is a declaration required?

Yes this requirement was carried forward to the BVIBC Act.

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.

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.

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