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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Regulations.<br />

26/2005<br />

26/2005<br />

91<br />

subject to any Regulations made under section 159(2)(c) and subject to such other<br />

modifications as are necessary to give effect to Part III of the Insolvency Act with<br />

respect to the administration of a segregated portfolio.<br />

Division 4 - General Provisions<br />

159. (1) The Executive <strong>Co</strong>uncil may, on the advice of the <strong>Co</strong>mmission, make<br />

Regulations concerning segregated portfolio companies.<br />

(2) Without limiting subsection (1), Regulations made under that subsection<br />

may<br />

(a) provide that the provisions of this Act shall apply in relation to<br />

any class or description of company specified by or prescribed<br />

under section 135(2)(c) subject to such exceptions,<br />

adaptations and modifications as may be specified in the<br />

Regulations;<br />

(b) make provision in respect of any of the following matters:<br />

(i) the classes or descriptions of segregated portfolio<br />

company which shall obtain the approval of the <strong>Co</strong>mmission<br />

for the creation of segregated portfolios, or circumstances<br />

in which such approval is required to be obtained,<br />

(ii) where the <strong>Co</strong>mmission’s approval is required for the<br />

creation of segregated portfolios under subparagraph (i),<br />

the procedure for the application for, and the granting of,<br />

the <strong>Co</strong>mmission’s approval,<br />

(iii) the conduct of the business of segregated portfolio<br />

companies,<br />

(iv) the manner in which segregated portfolio companies may<br />

carry on, or hold themselves out as carrying on, business,<br />

(v) the form and contents of the financial statements of<br />

segregated portfolio companies and the audit requirements<br />

applicable with respect to such financial statements,<br />

(vi) the portfolio liquidation of segregated portfolios under<br />

Division 3, and<br />

(vii) the fees payable by segregated portfolio companies and by<br />

applicants for an approval under section 136;<br />

AE/ET/Pub./bg/03.2007

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