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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Restrictions<br />

on company<br />

names.<br />

26/2005<br />

15<br />

(a) its memorandum is amended such that it no longer complies<br />

with subsection (2)(a);<br />

(b) its activities cease to be carried on principally in the Virgin<br />

Islands;<br />

(c) it breaches or, for any reason, is no longer in compliance with<br />

any conditions specified by the <strong>Co</strong>mmission under subsection<br />

(3);<br />

(d) it pursues purposes that are not wholly charitable or noncommercial<br />

or applies its income other than in promoting its<br />

purposes; or<br />

(e) it makes any distribution to its members.<br />

(5) If an event that requires notification by a company under subsection (4)<br />

occurs, the <strong>Co</strong>mmission may, whether or not the company has provided<br />

notification to the <strong>Co</strong>mmission as required by that subsection, by notice<br />

in writing<br />

(a) revoke the authorisation granted under subsection (2); and<br />

(b) direct the company to change its name to a name acceptable to<br />

the Registrar that includes an ending specified in section 17(1)<br />

on or before a date specified in the notice, which shall be not<br />

less than fourteen days after the date of the notice.<br />

(6) Where the <strong>Co</strong>mmission issues a notice under subsection (5), section<br />

22(2) and (3) apply as if the notice was a notice issued by the Registrar<br />

under section 22(1).<br />

(7) A company that contravenes subsection (5) commits an offence and is<br />

liable on summary conviction to a fine of $5,000.<br />

18. (1) No company shall be registered, whether on incorporation,<br />

continuation, merger or consolidation, under a name<br />

(a) the use of which would contravene another enactment or the<br />

Regulations;<br />

(b) that, subject to section 24,<br />

(i) is identical to the name under which a company is or has<br />

been registered under this Act or a former Act, or<br />

AE/ET/Pub./bg/03.2007

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