BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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(a) the date that the company was first incorporated or, in the case
of an IBC if appropriate, the date with effect from which it was
continued or registered as a consolidated company under the
International Business Companies Act; 14
15 whether, immediately prior to its re-registration under this Act, it
was governed by the Companies Act or the International Business
Companies Act.
(7) The new memorandum shall state
(a) in the case of a CapCo, the name of the first registered agent of the
company and the address of the registered office of the company
at the time of the application to re-register under this paragraph;
and
(b) in the case of an IBC, the name of the registered agent, and the
address of the registered office, at the time of the application to reregister
under this paragraph.
(8) Subject to subparagraph (9), an application to re-register under this
paragraph shall be authorised, and the new memorandum and articles
shall be approved, by
(a) in the case of a CapCo, a resolution of the members of the
company; and
(b) in the case of an IBC, a resolution of the members of the
company or, unless the original memorandum or articles provide
otherwise, by a resolution of directors.
(9) The directors of an IBC shall not have any power to approve the new
memorandum and articles to the extent that they amend the
memorandum and articles of the company in effect at the date of the
application (“the original memorandum and articles”), unless the
directors would otherwise be authorised to make amendments having
the same effect to the original memorandum and articles.
3. The Regulations may prescribe one or more model articles which may be
adopted by a CapCo making application to re-register under this Part.
14 The word “and” should follow the word “Act;”.
15 The letter “(b)” should be inserted before this paragraph.
AE/ET/Pub./bg/03.2007
Cap. 291
Cap. 285
Cap. 291
Regulations
may prescribe
model articles.