BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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(a) be, and contain the information specified, in the approved form; and
(b) be accompanied by
(i) a memorandum that, subject to subparagraphs (4), (5), (6),
and (7), complies with section 9 and by articles complying
with this Act (“the new memorandum and articles”),
(ii) a document in the approved form signed by the
registered agent signifying his consent to act as the
registered agent of the company on its re-registration,
(iii) in the case of an application made on or after 1 December
2006, where the new memorandum does not prohibit the
company from issuing bearer shares, converting registered
shares to bearer shares and exchanging registered shares
for bearer shares, a declaration that, as at the date of the
application
(v)
(A) all the bearer shares in the company in issue on the
date of the application have been delivered to, and
are in the custody of, a custodian, or
(B) there are no bearer shares of the company in issue, 12
13 such other documents as may be prescribed.
(4) The new memorandum and articles shall be signed by the registered
agent as the applicant to re-register.
(5) In subparagraphs (3) and (4), “registered agent” means
(a) in the case of a CapCo, the person named in the new
memorandum as the first registered agent of the company, who
shall be a person qualified to act as registered agent under section
91(3); and
(b) in the case of an IBC, the registered agent of the company at the
date of the application.
(6) In addition to the matters required under section 9, the new
memorandum shall state
12 The word “and” should follow the word “issue,”.
13 The Roman numeral “(v)” should read “(iv)”.
AE/ET/Pub./bg/03.2007