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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Types of<br />

company.<br />

Application to<br />

incorporate a<br />

company.<br />

26/2005<br />

foreign company and any other body corporate.<br />

7<br />

PART II<br />

INCORPORATION, CAPACITY AND POWERS<br />

Division 1 – Incorporation<br />

5. A company may be incorporated or continued under this Act as<br />

(a) a company limited by shares;<br />

(b) a company limited by guarantee that is not authorised to issue<br />

shares;<br />

(c) a company limited by guarantee that is authorised to issue shares;<br />

(d) an unlimited company that is not authorised to issue shares; or<br />

(e) an unlimited company that is authorised to issue shares.<br />

6. (1) Subject to subsection (2), application may be made to the Registrar for<br />

the incorporation of a company by filing<br />

(a) a memorandum complying with section 9 that is signed by the<br />

proposed registered agent, as incorporator;<br />

(b) except in the case of an unlimited company that is not authorised<br />

to issue shares, articles that are signed by the proposed registered<br />

agent, as incorporator;<br />

(c) a document in the approved form signed by the proposed<br />

registered agent signifying his consent to act as registered agent;<br />

(d) if the company is to be incorporated as a segregated portfolio<br />

company, the written approval of the <strong>Co</strong>mmission given under<br />

section 137(1); and<br />

(e) such other documents as may be prescribed.<br />

(2) An application for the incorporation of a company may be filed only by<br />

the proposed registered agent and the Registrar shall not accept an<br />

application for the incorporation of a company filed by any other person.<br />

AE/ET/Pub./bg/03.2007

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