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Nevis Business Corporation Ordinance 1984 - Intax Info

Nevis Business Corporation Ordinance 1984 - Intax Info

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liabilities of said corporation incurred prior to such transfer.<br />

Applicable law<br />

110. The filing of an Application to Transfer Domicile shall not affect the choice of law applicable to prior<br />

obligations and rights of the corporation, except that from the date the Application to Transfer Domicile is filed,<br />

the laws of <strong>Nevis</strong>, including the provisions of this <strong>Ordinance</strong>, shall apply to the corporation to the same extent as<br />

if the corporation had been originally incorporated as a corporation of <strong>Nevis</strong> on that date and title to the<br />

corporation's assets shall also be governed by <strong>Nevis</strong> law.<br />

Departure<br />

111. Any corporation formed, incorporated, created, or otherwise existing under or subject to this <strong>Ordinance</strong><br />

may become domiciled in any foreign jurisdiction upon compliance with this <strong>Ordinance</strong> and the laws of the<br />

jurisdiction into which the corporation seeks to become domiciled.<br />

Certification of departure<br />

112. Any corporation described in section 111 of this Part shall submit for filing with the Registrar of<br />

Companies a Certificate of Departure which shall be executed in the same manner as an Application to Transfer<br />

Domicile. The Certificate of Departure shall set forth<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

The names and addresses of the corporation's creditors and the total amount of its<br />

indebtedness to such creditors, and the names and addresses of all persons or entities<br />

which have notified the corporation in writing of a claim in excess of One Thousand<br />

Dollars and the total amount of such claims; and<br />

That the intended departure from <strong>Nevis</strong> and transfer of domicile to a foreign<br />

jurisdiction is unlikely to be detrimental to the rights or property interests of any<br />

creditor of or claimant against the corporation; and<br />

That the corporation at the time of application to the foreign jurisdiction is not in<br />

breach of any duty or obligation imposed upon it by this <strong>Ordinance</strong> or any other law<br />

of <strong>Nevis</strong>; and<br />

That the transfer of domicile to the foreign jurisdiction is made in good faith and will<br />

not serve to hinder, delay or defraud existing shareholders or other parties in interest;<br />

and<br />

A consent and agreement by the corporation that it may be served with process in<br />

<strong>Nevis</strong> in any proceeding arising out of actions or omissions occurring prior to its<br />

departure from <strong>Nevis</strong>, which agreement shall include the appointment of the<br />

Registrar of Companies as the agent of the corporation to accept such service of<br />

process and shall set forth an address to which a copy of such process shall be<br />

forwarded by mail.<br />

Effective date of departure<br />

113. Upon payment of all fees outstanding in <strong>Nevis</strong> and upon proper compliance with this <strong>Ordinance</strong> and<br />

applicable laws for transfer of domicile to the foreign jurisdiction, the departing corporation shall notify the<br />

Registrar of Companies as to the effective date of the transfer of domicile outside of <strong>Nevis</strong>. As of the date of<br />

49 www.bbp-net.com www.bbp-net.ru www.bbp-incorporations.co.uk

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