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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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148<br />

236. (1) The fees and penalties specified in Parts I and II respectively of<br />

Schedule 1 shall be payable to the Registrar who shall pay them into the<br />

Government Trust Account established under section 19 of the Financial<br />

Services <strong>Co</strong>mmission Act.<br />

(2) Parts I and II of Schedule 1 are subject to the provisions contained in<br />

Part III of that Schedule.<br />

(3) Unless this Act or the Regulation provide otherwise, the registered<br />

agent is the only person authorised to pay a fee to the Registrar under<br />

this section, and the Registrar shall not accept a fee paid by any other<br />

person.<br />

237. Any fee or penalty payable under this Act that remains unpaid for thirty days<br />

immediately following the date on which demand for payment is made by<br />

the Registrar is recoverable at the instance of the <strong>Co</strong>mmission before a<br />

Magistrate in civil proceedings notwithstanding the amount sought to be<br />

recovered.<br />

238. A company continues to be liable for all fees and penalties payable under<br />

this Act notwithstanding that the name of the company has been struck off<br />

the Register of <strong>Co</strong>mpanies.<br />

239. The Registrar may refuse to take any action required of him under this Act for<br />

which a fee is prescribed until all fees have been paid.<br />

240. (1) The Executive <strong>Co</strong>uncil may, on the advice of the <strong>Co</strong>mmission, make<br />

Regulations generally for giving effect to this Act and specifically in respect<br />

of anything required or permitted to be prescribed by this Act.<br />

(2) Without limiting subsection (1), the Regulations may provide for the<br />

circumstances in which, and the procedures by which, a company<br />

may re-register from one type of company under section 5 to another<br />

type of company under that section;<br />

(3) The Regulations may make different provision in relation to different<br />

persons, circumstances or cases.<br />

241. (1) Where this Act or the Regulations require a document to be in “the<br />

approved form”, the <strong>Co</strong>mmission shall, by publication in the prescribed<br />

manner, approve a form to be used for the document.<br />

(2) The <strong>Co</strong>mmission may, with respect to any other document required or<br />

permitted to be filed, issued or produced under this Act or the<br />

Regulations, approve a form to be used for the document.<br />

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

Fees and<br />

penalties to be<br />

paid to<br />

Registrar.<br />

No. 12 of 2001<br />

Schedule 1<br />

26/2005<br />

Recovery of<br />

penalties,<br />

etc.<br />

<strong>Co</strong>mpany struck<br />

off liable for<br />

fees, etc.<br />

Fees payable to<br />

Registrar.<br />

<strong>Co</strong>mpanies<br />

Regulations.<br />

Approval of forms<br />

by <strong>Co</strong>mmission.<br />

12/2006

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