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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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130<br />

(c) the person to be appointed voluntary liquidator has not<br />

consented in writing to his appointment;<br />

(d) the directors of the company have not made a declaration of<br />

solvency complying with section 198; or<br />

(e) the directors have not approved a liquidation plan under section<br />

198(1)(b).<br />

(2) A resolution to appoint a voluntary liquidator under this Part in the<br />

circumstances referred to in subsection (1) is void and of no effect.<br />

(3) Where a voluntary liquidator is appointed under this section, the<br />

directors or the members, as the case may be, shall, as soon as<br />

practicable, give the liquidator notice of his appointment<br />

204. (1) Where a voluntary liquidator is appointed under section 199 the<br />

liquidator shall,<br />

(a) within fourteen days of the commencement of the liquidation,<br />

file the following documents:<br />

(i) a notice of his appointment in the approved form,<br />

(ii) the declaration of solvency made by the directors, and<br />

(iii) a copy of the liquidation plan; and<br />

(b) within thirty days of commencement of the liquidation, advertise<br />

notice of his appointment in the manner prescribed.<br />

(2) Subsection (1)(a)(ii) does not require the liquidator to file the statement<br />

of the company’s assets and liabilities required under section 198(2)<br />

to be attached to the declaration of solvency, although the statement<br />

may be filed.<br />

(3) A copy of the declaration of solvency, with the statement of the<br />

company’s assets and liabilities attached, must be kept at the office of<br />

the registered agent of the company.<br />

(4) A company that contravenes subsection (3) commits an offence and is<br />

liable on summary conviction to a fine of $5,000.<br />

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

Notice and<br />

advertisement<br />

of liquidation.<br />

12/2006<br />

12/2006<br />

12/2006<br />

12/2006

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