It’s always wise to hope for the best but plan for the worst, and, with global rates of dementia on the increase, planning for incapacity should be part of everyone's wealth and succession strategy.
Where the assets held...more
4/23/2025
/ British Virgin Islands ,
Corporate Governance ,
Directors ,
Estate Planning ,
Guardianships ,
Mental Capacity ,
Power of Attorney ,
Shareholders ,
Succession Planning ,
Trusts ,
Wealth Management ,
Wills
In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party not bound by a scheme of...more
The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the...more
In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank) has provided guidance on the procedure which it expects to be followed by applicants seeking a...more
4/12/2024
/ Anti-Money Laundering ,
BVI Business Companies ,
Caribbean ,
Commercial Court ,
Disclosure ,
Ex Parte ,
Fraud ,
Gag Orders ,
Inter Partes Review (IPR) Proceeding ,
Registered Agents ,
Seal
As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions.
The...more
8/8/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Enforcement ,
Island of Guernsey ,
Jurisdiction ,
Offshore Companies ,
UNCITRAL
In this article, we discuss the information and documents available to the public, to directors and to shareholders in relation to a company (a “BVI Company”) incorporated under the BVI Business Companies Act, 2004 (the “BVI...more
As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect to debts owed by BVI incorporated...more
In Sian Participation Corp. (In Liquidation) –v- Halimeda International Limited BVIHCMAP2021/0017 (“Sian”), the Eastern Caribbean Court of Appeal again had occasion to consider (amongst a number of other things) the...more
BVI Business Companies (Amendment) Act revisions effective 1 January 2023 -
In our advisory Summary of Key Changes issued in September 2022, we discussed some of the key changes to the BVI Business Companies Act, 2004 (the...more
Introduction -
The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on...more
After much anticipation, the UK Supreme Court has handed down its judgment in BTI 2014 LLC v Sequana S.A. [2022] UKSC 25 - and has authoritatively set the baseline for how directors’ duties evolve as regards shareholders and...more
The full strength of the economic headwinds facing the UK economy is not yet clear, but a helpful recent report by insolvency and restructuring adviser Begbies Traynor provided some useful numbers around the attitudes of...more