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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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92<br />

(c) provide for modifications to the Insolvency Act necessary to apply<br />

that Act to the liquidation and administration of segregated<br />

portfolios and of segregated portfolio companies;<br />

(d) generally give effect to this Part; and<br />

(e) provide for the fees and penalties payable by segregated<br />

portfolio companies which may be in addition to, or in<br />

substitution for, the fees and penalties specified in Schedule 1.<br />

(3) Regulations made under this section may make different provision in<br />

relation to different persons, circumstances or cases.<br />

160. (1) In this Part,<br />

PART VIII<br />

REGISTRATION OF CHARGES<br />

“charge” means any form of security interest, over property, wherever<br />

situated, other than an interest arising by operation of law;<br />

“commencement date” means<br />

(a) in the case of a former Act company, the date that it is reregistered<br />

as a BVI business company under Schedule 2, or<br />

(b) in any other case, 1 st January 2005;<br />

“liability” includes contingent and prospective liabilities;<br />

“property” includes future property;<br />

“relevant charge” means a charge created on or after the commencement<br />

date.<br />

(2) A reference in this Part to the creation of a charge includes a<br />

reference to the acquisition of property, wherever situated, which was,<br />

immediately before its acquisition, the subject of a charge and which<br />

remains subject to that charge after its acquisition and for this<br />

purpose, the date of creation of the charge is deemed to be the date<br />

of acquisition of the property.<br />

AE/ET/Pub./bg/03.2007<br />

Schedule 1<br />

Interpretation<br />

for this Part.<br />

26/2005

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