BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
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Definition of<br />
“inspector”.<br />
Investigation<br />
order.<br />
141<br />
to the dissolution of the company, the rights, interests and<br />
liabilities of the company in or in respect of the property<br />
disclaimed; and<br />
(b) does not, except so far as is necessary to release the<br />
company from liability, affect the rights or liabilities of any other<br />
person.<br />
(7) A person suffering loss or damage as a result of a disclaimer under<br />
this section<br />
(a) shall be treated as a creditor of the company for the amount<br />
of the loss or damage, taking into account the effect of any<br />
order made by the <strong>Co</strong>urt under subsection (8); and<br />
(b) may apply to the <strong>Co</strong>urt for an order that the disclaimed<br />
property be delivered to or vested in that person.<br />
(8) The <strong>Co</strong>urt may, on an application made under subsection (7)(b), make<br />
an order under that paragraph if it is satisfied that it is just for the<br />
disclaimed property to be delivered to or vested in the applicant.<br />
PART XIII<br />
INVESTIGATION OF COMPANIES<br />
222. In sections 223 to 228, “inspector” means an inspector appointed by an<br />
order made under section 223(2).<br />
223. (1) A member or the Registrar may apply to the <strong>Co</strong>urt ex parte or upon<br />
such notice as the <strong>Co</strong>urt may require, for an order directing that an<br />
investigation be made of the company and any of its affiliated companies.<br />
(2) If, upon an application under subsection (1), it appears to the <strong>Co</strong>urt that<br />
(a) the business of the company or any of its affiliates is or has<br />
been carried on with intent to defraud any person;<br />
(b) the company or any of its affiliates was formed for a fraudulent<br />
or unlawful purpose or is to be dissolved for a fraudulent or<br />
unlawful purpose; or<br />
(c) persons concerned with the incorporation, business or affairs<br />
of the company or any of its affiliates have in connection<br />
therewith acted fraudulently or dishonestly;<br />
AE/ET/Pub./bg/03.2007