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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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Register of<br />

members as<br />

evidence of<br />

legal title.<br />

Rectification of<br />

register of<br />

members.<br />

26/2005<br />

25<br />

deleted from the register of members.<br />

(5) A company that contravenes subsection (1) commits an offence and is<br />

liable on summary conviction to a fine of $1,000.<br />

42. (1) The entry of the name of a person in the register of members as a<br />

holder of a share in a company is prima facie evidence that legal title in the<br />

share vests in that person.<br />

(2) A company may treat the holder of a registered share as the only<br />

person entitled to<br />

43. (1) If<br />

(a) exercise any voting rights attaching to the share;<br />

(b) receive notices;<br />

(c) receive a distribution in respect of the share; and<br />

(d) exercise other rights and powers attaching to the share.<br />

(a) information that is required to be entered in the register of<br />

members under section 41 is omitted from the register or<br />

inaccurately entered in the register, or<br />

(b) there is unreasonable delay in entering the information in the<br />

register,<br />

a member of the company, or any person who is aggrieved by the omission,<br />

inaccuracy or delay, may apply to the <strong>Co</strong>urt for an order that the register be rectified,<br />

and the <strong>Co</strong>urt may either refuse the application, with or without costs to be paid by<br />

the applicant, or order the rectification of the register, and may direct the<br />

company to pay all costs of the application and any damages the applicant may<br />

have sustained.<br />

(2) The <strong>Co</strong>urt may, in any proceedings under subsection (1), determine any<br />

question relating to the right of a person who is a party to the<br />

proceedings to have his name entered in or omitted from the register<br />

of members, whether the question arises between<br />

(a) two or more members or alleged members, or<br />

(b) between members or alleged members and the company,<br />

and generally the <strong>Co</strong>urt may, in the proceedings, determine any question that<br />

AE/ET/Pub./bg/03.2007

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