08.03.2013 Views

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

SHOW MORE
SHOW LESS

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.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!