BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
150<br />
securities of a land owning company.<br />
(5) For the purposes of subsection (4), a company is a land owning<br />
company if it, or any of its subsidiaries, has an interest in any land in the<br />
Virgin Islands.<br />
(6) Notwithstanding any provision of the Registration and Records Act, all<br />
deeds and other instruments relating to<br />
(a) transfers of property to or by a company,<br />
(b) transactions in respect of the shares, debt obligations or other<br />
securities of a company, and<br />
(c) other transactions relating to the business of a company, are<br />
exempt from the provisions of that Act.<br />
243. Where an offence under this Act is committed by a body corporate, a<br />
director or officer who authorized, permitted or acquiesced in the<br />
commission of the offence also commits an offence and is liable on<br />
summary conviction to the penalty specified for the commission of the<br />
offence.<br />
PART XV<br />
TRANSITIONAL AND MISCELLANEOUS PROVISIONS<br />
244. (1) The Executive <strong>Co</strong>uncil may, on the advice of the <strong>Co</strong>mmission, make<br />
regulations providing for the formation, management and operation of limited<br />
liability companies and to provide for connected and consequential matters.<br />
(2) Regulations made under subsection (1) shall be subject to a negative<br />
resolution of the Legislative <strong>Co</strong>uncil.<br />
245. For purposes of determining matters relating to title and jurisdiction but not for<br />
purposes of taxation, the situs of the ownership of shares, debt obligations<br />
or other securities of a company is in the Virgin Islands.<br />
246. (1) A company may, without the necessity of joining any other party,<br />
apply to the <strong>Co</strong>urt, by summons supported by an affidavit, for a<br />
declaration on any question of interpretation of this Act or of the<br />
memorandum or articles of the company.<br />
(2) A person acting on a declaration made by the <strong>Co</strong>urt as a result of an<br />
application under subsection (1) shall be deemed, in so far as<br />
AE/ET/Pub./bg/03.2007<br />
Cap. 67<br />
Offence<br />
provisions.<br />
Limited<br />
Liability<br />
<strong>Co</strong>mpanies.<br />
Jurisdiction.<br />
Declaration by<br />
<strong>Co</strong>urt.