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The British Virgin Islands (international enterprise company (International Business Company, IBC)
The British Virgin Islands (international enterprise company (International Business Company, IBC)The British Virgin Islands has one of
the most successful legislative systems that are actively supporting the
development of offshore business.
The Law On
Commercial Companies of BVI
come into force on 1 January 2005, having replaced the Companies Law
known as Cap.285 and Law On International Business Companies of 1984. In
accordance with this law, an offshore company is subject to the minimum
requirements, while the company gets certain advantages: confidentiality and tax
exemption.
Company incorporated in the
jurisdiction of BVI receives a number of competitive advantages:
- Security of assets - protection of
assets from third parties, option to transfer assets to another country or to
another entity including trusts, founds, associations or partnerships;
- Exemption from local taxes and
government fees (except for the registration fee and an annual payment of
license/franchise);
- Both bearer shares and registered
shares are possible; Registered shares may be stored in the company, bearer
shares shall be with a custodian, who has the relevant license (in accordance
with the new rules);
- No requirement to submission of
financial and other reports to the state authorities of BVI, but a company has
to maintain and store documents that show the company's financial conditions.
These documents have to be submitted upon request of the Finance Services
Department. For the failure to perform he said obligation, the company is fined
with 10,000 US Dollars.
- Only one director is required, individual
or legal entity.
- No requirements to the minimum charter
capital.
- Directors may retain assets by
transferring shares of trustees, other companies or other entities;
- Flexible Requirements to the names of
offshore companies. Company name can be in any language and must include the
words such as Limited, Incorporated, Corporation, Sociedad Anonima, Société
Anonyme, equivalents or abbreviations;
- Law government fees and charges.
An
International Business Company (IBC) registered in accordance with the Law on
International Commercial Companies (International Business Companies
Ordinance).
To
register a company with favourable tax
regime it is necessary to:
- All of the company's shares should be
directly or indirectly owned exclusively by foreigners. In some countries,
issue of bearer shares is possible, in others - to ensure confidentiality
nominee shareholders are used.
- Sources of income should be abroad.
General Table of
Requirements to the Companies in BVI
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Parameters
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Requirements to the companies in BVI
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Type
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Business Company
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Companies' Names
Requirements
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Companies'
names can be in any language and must include the words such as: Limited,
Incorporated, Corporation, Sociedad Anonima, Société Anonyme, equivalents or
abbreviations
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Applicable Law
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BVI Business Companies Act
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Official Language/Documents
Language
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English
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Stated Charter Capital
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No minimum specified
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Recommended charter capital
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50,000 US Dollars
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Bearer shares
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Allowed,
but should be stored with a custodian
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Taxation
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Fixed annual fee
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Profit Tax
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No
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Minimum Number of Directors
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1 (may be a legal entity)
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Nonresident Director
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Allowed
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Minimum Number of
Shareholders
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1 (may be a legal entity)
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Nominal shareholders and
directors
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Allowed
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Register
of Directors and Shareholders
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Company must keep Register of
Directors and Shareholders with a registration agent
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Disclosure of Information on
Beneficiaries
to the Register
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No
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Disclosure of Information on
Beneficiaries
to a Registration Agent
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Yes, for due diligence of
confidentiality procedure
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Annual Meetings
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Not required. As required, may be
held in any place of world
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Submission of Annual Statements
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Not required
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Audit
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Not required
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Bookkeeping/Accounting
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Company must keep and store documents
that show its financial condition
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Company's Protocols and Resolutions
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Should be kept with a registration
agent
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Currency control/Restrictions
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No
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Company Seal
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Required. Seal impression should be
kept with a registration agent
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Please
note that this information may be changed from time to time and shall be
re-checked by experts of the relevant jurisdiction. To obtain updated
information and information on the cost of registration, please contact our
representatives. |