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Nevis Business Corporation Ordinance 1984 - Intax Info

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such transfer to the foreign jurisdiction, said corporation shall be deemed to have ceased to be a corporation<br />

domiciled in <strong>Nevis</strong>.<br />

Jurisdiction of courts after departure<br />

114. Nothing in this Part shall obviate, diminish or affect the jurisdiction of any court in <strong>Nevis</strong> to hear and<br />

determine any proceeding commenced therein by or against the corporation arising out of actions or omissions<br />

which occurred before the corporation ceased to be domiciled in <strong>Nevis</strong>.<br />

PART XIII - EMERGENCY TRANSFER OF DOMICILE INTO NEVIS<br />

Definitions<br />

115. As used in this Part, unless the context requires otherwise, the term:<br />

“Emergency condition” shall be deemed to include but not be limited to any of the following: War or<br />

other armed conflict; revolution or insurrection; invasion or occupation by foreign military forces;<br />

rioting or civil commotion of an extended nature; domination by a foreign power; expropriation;<br />

nationalization or confiscation of a material part of the assets or property of the corporation;<br />

impairment of the institution of private property (including private property held abroad); the taking of<br />

any action under the laws of <strong>Nevis</strong> whereby persons resident in the Foreign Domicile might be treated<br />

as “enemies” or otherwise restricted under the laws of <strong>Nevis</strong> relating to trading with enemies of <strong>Nevis</strong>;<br />

or the immediate threat of any of the foregoing; and such other event which, under the laws of the<br />

Foreign Domicile, permits the corporation to transfer its domicile.<br />

Terms used in this Part and not defined herein are used as defined in section 102 of Part XII of this<br />

<strong>Ordinance</strong>.<br />

What emergency transfer of domicile is permitted<br />

116. During the existence of an Emergency Condition in the jurisdiction of its domicile, any Foreign<br />

<strong>Corporation</strong> may subject to and upon compliance with the further provisions of this Part, apply for an<br />

emergency transfer of its domicile to <strong>Nevis</strong>.<br />

Application for temporary transfer of domicile<br />

117.(1) Any Foreign <strong>Corporation</strong> may apply for emergency transfer of domicile to <strong>Nevis</strong> by filing with the<br />

Registrar of Companies:<br />

(i)<br />

(ii)<br />

documents and certificates similar in respect to those required by sections 105 and<br />

106 of Part XII of this <strong>Ordinance</strong>, except that such documents shall refer to an<br />

emergency transfer of domicile pursuant to this Part XIII; and<br />

a certificate of an authorized officer, director or agent of the corporation specifying<br />

the Emergency Condition which exists in the Foreign Domicile.<br />

(2) The Registrar of Companies, in his discretion, may waive any of the above requirements upon request<br />

by such corporation supported by facts (including without limitation, the existence of an Emergency Condition)<br />

justifying such waiver. In addition, if Emergency Conditions have affected ordinary means of communication,<br />

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

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