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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Charge<br />

ceasing to<br />

affect<br />

company’s<br />

property.<br />

26/2005<br />

Priority of<br />

relevant<br />

charges.<br />

26/2005<br />

(a) register the variation of the charge; and<br />

95<br />

(b) issue a certificate of variation and send a copy of the certificate<br />

to the company and to the chargee.<br />

(4) The Registrar shall state in the Register of Registered Charges and on<br />

the certificate of variation the date and time on which a variation of<br />

charge was registered.<br />

(5) A certificate issued under subsection (3) is conclusive proof that the<br />

variation referred to in the certificate was registered on the date and<br />

time stated in the certificate.<br />

165. (1) Where a charge registered under section 163 ceases to affect the<br />

property of a company, the company shall file a notice specifying the<br />

property that has ceased to be affected by the charge in the approved form.<br />

(2) A notice filed under subsection (1) shall be signed by or on behalf of<br />

the chargee.<br />

(3) If he is satisfied that a notice filed under subsection (1) is correctly<br />

completed and has been signed in accordance with subsection (2),<br />

the Registrar shall forthwith<br />

(a) register the notice; and<br />

(b) issue a certificate and send a copy of the certificate to the<br />

company and to the chargee.<br />

(4) The Registrar shall state in the Register of Registered Charges and on<br />

the certificate issued under subsection (3) the date and time on which<br />

the notice filed under subsection (1) was registered.<br />

(5) From the date and time stated in the certificate issued under<br />

subsection (3), the charge is deemed not to be registered in respect of<br />

the property specified in the notice filed under subsection (1).<br />

166. (1) A relevant charge on property of a company that is registered in<br />

accordance with section 163 has priority over<br />

(a) a relevant charge on the property that is subsequently registered<br />

in accordance with section 163; and<br />

(b) a relevant charge on the property that is not registered in<br />

accordance with section 163.<br />

AE/ET/Pub./bg/03.2007

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