LEGAL GUIDE: Economic Substance (Companies and Limited Partnerships) Act, (Revised Edition 2020) as amended (ESA)

Background The Economic Substance (Companies and Limited Partnerships) Act, 2018 (ESA) was enacted in the British Virgin Islands on 31 December 2018 and amended by the Economic Substance (Companies and Limited Partnerships) (Amendment) Act 2021 which received its assent on 28 June 2021 and was gazetted on 29 June 2021.  Its purpose is to fulfil…

Case Notes – Wang v. RAGOF

Offshore Case Notes   William Hare and Sarah McLennan 7 November 2022 The Obligations to give Full and Frank Disclosure and a Fair Presentation when presenting an Ex Parte Application: A Cautionary Tale Bruno Wang & another v. Real Assets (RA) Global Opportunity Fund I Limited & another   A recent decision of the BVI…

British Virgin Islands: Impending Changes to the Voluntary Liquidation, Strike-off, Dissolution Company Restoration Regimes in the BVI Business Companies Act (revised edition 2020)

British Virgin Islands: Impending Changes to the Voluntary Liquidation, Strike-off, Dissolution Company Restoration Regimes in the BVI Business Companies Act (revised edition 2020) October 2022 By Mungo Lowe and Karen Gilbert Introduction The BVI Business Companies Amendment Act, 2022 and the BVI Business Companies (Amendment) Regulations, 2022 (the “Amendment Act” and the “Amendment Regulations” [1], together the…

British Virgin Islands: cross-undertaking in damages required as price of continuing interim receivership order

British Virgin Islands: cross-undertaking in damages required as price of continuing interim receivership order 21 June 2022 By Richard Baird Forbes Hare A defendant owns a British Virgin Islands company, which controls a majority stake in a publicly listed Japanese company. A claimant obtains an ex parte interim freezing order and gives the usual cross-undertaking…

Job Vacancy in London: Compliance Assistant

Compliance Assistant Employer:                                    Forbes Hare LLP Position title:                               Compliance Assistant Contract type:                             Permanent Contract Hours:                          Full time Remuneration/Pay rate:             £25,000 – £35,000 (depending on experience) Place of work:                             15 New Bridge Street, London,…

Implications Of The BVI Court’s Charging Order Judgment In JTrust Asia Pte Ltd v Konoshita

Implications Of The BVI Court’s Charging Order Judgment In JTrust Asia Pte Ltd v Konoshita On Mondaq, 11 May 2022 by Richard Baird, Forbes Hare In JTrust Asia Pte Ltd v Konoshita,1 the British Virgin Islands High Court relied on 184-year-old legislation from the early Victorian era to hold that charging orders against judgment debtors’ company shares or other personal…

BVI Court holds that judgment creditors must wait six months before seeking an order for the sale of charged property

British Virgin Islands: BVI Court holds that judgment creditors must wait six months before seeking an order for the sale of charged property 11 April 2022 By Richard Baird Forbes Hare The saga involving the British Virgin Islands High Court’s jurisdiction to enforce its judgments by making charging orders against company shares or other personal…