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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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126<br />

(c) a notice containing such additional information as may be<br />

prescribed.<br />

(5) A foreign company to which subsection (2) applies does not commit an<br />

offence under 186(3) by carrying on business in the Virgin Islands during<br />

the period commencing with the effective date and terminating on the<br />

earlier of<br />

(a) the date on which it files its application; and<br />

(b) 31 st July 2006.<br />

(6) A foreign company that contravenes subsection (4) commits an<br />

offence and is liable on summary conviction to a fine of $10,000.<br />

PART XII<br />

LIQUIDATION, STRIKING-OFF AND DISSOLUTION<br />

Division 1 - Liquidation<br />

197. A company may only be liquidated under this Division if<br />

(a) it has no liabilities; or<br />

(b) it is able to pay its debts as they fall due.<br />

198. (1) Where it is proposed to appoint a voluntary liquidator under this<br />

Division, the directors of the company shall<br />

(a) make a declaration of solvency in the approved form stating that,<br />

in their opinion, the company is and will continue to be able to<br />

discharge, pay or provide for its debts as they fall due; and<br />

(b) approve a liquidation plan specifying<br />

(i) the reasons for the liquidation of the company;<br />

(ii) their estimate of the time required to liquidate the company;<br />

(iii) whether the liquidator is authorised to carry on the<br />

business of the company if he determines that to do so<br />

would be necessary or in the best interests of the creditors<br />

or members of the company;<br />

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

26/2005<br />

Application<br />

of this Part.<br />

Declaration<br />

of solvency.

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