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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Existing<br />

bearer shares.<br />

181<br />

35. (1) Every existing bearer share of a grandfathered bearer share company<br />

shall, on or before the transition date<br />

(a) be deposited with a custodian who has agreed to hold the share; or<br />

(b) be converted to, or exchanged for, a registered share.<br />

(2) Subparagraph (1) does not apply to a bearer share that, before the<br />

transition date<br />

(a) is cancelled; or<br />

(b) is redeemed, purchased or otherwise acquired by the company<br />

as a treasury share.<br />

(3) An existing bearer share in a grandfathered bearer share company is<br />

deemed not to have been deposited with a custodian for the purposes<br />

of subparagraph (1) until the registered agent of the company has<br />

received<br />

(a) in the case of a bearer share deposited with an authorised<br />

custodian, notification of the deposit from the authorised custodian<br />

in accordance with section 72(1); or<br />

(b) in the case of a bearer share deposited with a recognised<br />

custodian, the proof of the deposit of the share and the notice<br />

required to be sent by section 71(3).<br />

(4) The <strong>Co</strong>urt may, on the application of the company or of a person<br />

interested in a bearer share, extend the period specified in<br />

subparagraph (1) by such further period or periods not exceeding one<br />

year in total as it considers fit.<br />

(5) On an existing bearer share being deposited with a custodian in<br />

accordance with subparagraphs (1)(a) and (3), it shall for all purposes<br />

of this Division cease to be regarded as an existing bearer share and<br />

shall thereafter be treated as if it had been issued after the effective<br />

date.<br />

(6) Section 70(1) shall not have effect with respect to an existing bearer<br />

share until after the transition date.<br />

AE/ET/Pub./bg/03.2007

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