The BVI Business Companies Regulations, 2012 (the "2012 Regulations") made some changes to the BVI company law regime in relation to such things as the use of company names and liquidation procedures. The Business Companies (Amendment) Regulations, 2015 (the "2015 Regulations") have recently been Gazetted and amend the 2012 Regulations in a few areas.
The 2015 Regulations amend this position by stating that the translator does not need to go before a notary or person authorised to administer oaths if the translator is court or government appointed (whether in the BVI or outside).
Under the BVI Business Companies Act, 2004 (the "2004 Act"), after a resolution has been passed to make the change of registered office or registered agent, a notice is filed with the Registry. The notice of change of registered office or agent may only be filed by the registered agent or a legal practitioner in the BVI acting for the purposes of filing the notice.
The 2015 Regulations place obligations on that legal practitioner before he can make the filing. He must:
Where (b) applies, the legal practitioner must transfer the CDD information to the existing and new registered agent.
Under the 2004 Act service of a document may be effected by addressing the document to the company and leaving it at, or sending it by a prescribed method to the registered office or the registered agent’s registered office. The 2015 Regulations set out the various prescribed methods:
The 2015 Regulations also set out when delivery is deemed to have been served under each of the above methods.
The information provided in this article is for general information purposes only. The information is not intended to be comprehensive or to include advice on which you may rely. You should always consult a suitably qualified professional on any specific matter.
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