News & Analysis as of

BVI Business Companies Board of Directors

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Directors in the Firing Line

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While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to...more

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Key Advantages of BVI Companies

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BVI companies are flexible and low cost vehicles which can be tailored to meet the specific requirements of their members and their proposed purposes while being internationally recognised and listed on exchanges around the...more

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King Bun Limited and Others v. Lau Man Sang, James and Others - Claim No. BVIHC (COM) 2017/086

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Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of...more

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A Clever Shortcut? Thoughts on the China Properties Group Case

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In the case of Re China Properties Group Limited (in Liquidation) [2023] HKCFI 2346, the Hong Kong Court has shown its commitment to providing assistance to local liquidators appointed by it by asserting in personam...more

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Shares in BVI Business Companies – Avoiding a Succession Problem

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British Virgin Islands (“BVI”) business companies are often used for private wealth structuring purposes. However, where the shares in a BVI business company are registered in the name of an individual rather than a corporate...more

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Lau Man Sang, James and Others v. King Bun Limited and Others BVIHCMAP2021/0034

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On 7 July 2023, the Eastern Caribbean Court of Appeal handed down judgment in BVIHCMAP 2021/0034 Lau Man Sang, James and Others v. King Bun Limited and Others. Conyers represented the successful Respondents before the Court...more

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Amendments to the BVI Civil Procedure Rules Series – Part Four

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The Revised Eastern Caribbean Supreme Court Civil Procedure Rules (the “Revised CPR”) come into force on 31 July 2023, and with them a significant change to the rules which govern service of proceedings on foreign defendants...more

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Directors’ Post-Liquidation Duties under BVI Insolvency Law

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In the recent decision of Greig William Alexander Mitchell & Ors v Sheikh Mohamed Bin Issa Al Jaber & Ors [2023] EWHC 364 (Ch), the English High Court was required to consider the question of what duties (if any) a director...more

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Under Pressure: Key considerations and practical tips for BVI companies approaching insolvency

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Inflationary pressures and increasing interest rates are expected to continue to have a negative impact on the global economy during 2023. In this article we consider restructuring options under BVI law available to companies...more

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BVI Directors’ Duties And Insolvency: The Impact of the Sequana Case

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On 5 October 2022 the UK Supreme Court (UKSC) handed down its “momentous” decision in BTI 2014 LLC v Sequana SA and others1. The case addresses issues of ‘‘considerable practical importance to the management of companies’’,...more

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Adventures in Wonderland

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Once upon a time, long, long ago, the Queen of Hearts would proclaim in a fanciful way: “Off with their heads!” at the slightest sign of difficulty with her subjects in Wonderland. Over one-and-a-half centuries after...more

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Recent Amendments to BVI Company Law: Four Key Changes

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There have recently been a number of amendments to BVI company law. While many of these amendments are technical and will not have a material impact on clients, there are four key changes of which clients should be aware. All...more

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When can a Director of a BVI Company Appear in-person before the BVI Commercial Court?

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From time to time the BVI Commercial Court is asked to consider whether or not to permit a director of a BVI company to appear in person on behalf of that company. The general rule as to the ability of directors to appear on...more

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