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	<title>Paul Mellor, Author at George Henry Partners</title>
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	<title>Paul Mellor, Author at George Henry Partners</title>
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		<title>BVI Work Permit Exemptions</title>
		<link>https://ghpbvi.com/bvi-work-permit-exemptions/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Wed, 27 Mar 2024 18:01:27 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[British Virgin Islands employment laws]]></category>
		<category><![CDATA[BVI business and work permit advice]]></category>
		<category><![CDATA[BVI employment guidelines]]></category>
		<category><![CDATA[BVI work permit exemptions]]></category>
		<category><![CDATA[Professional relocation to BVI]]></category>
		<category><![CDATA[Streamlining work permits in BVI]]></category>
		<category><![CDATA[Work permit rules in British Virgin Islands]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=2615</guid>

					<description><![CDATA[<p>Introduction This note is intended as a brief guide to the exemption of certain categories of people engaged in employment in the British Virgin Islands (BVI) from the need to obtain a work permit. It is not intended to be a comprehensive guide on all aspects of BVI employment or immigration law. We recommend that specific advice is sought as each set of circumstances has its own peculiarities. Background In 2017, the BVI Government enacted a measure that exempted various categories of people from the need to obtain a work permit to work in the BVI for short periods of [&#8230;]</p>
<p>The post <a href="https://ghpbvi.com/bvi-work-permit-exemptions/">BVI Work Permit Exemptions</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h2><b>Introduction</b></h2>
<p><span style="font-weight: 400;">This note is intended as a brief guide to the exemption of certain categories of people engaged in employment in the British Virgin Islands (</span><b><i>BVI</i></b><span style="font-weight: 400;">) from the need to obtain a work permit. It is not intended to be a comprehensive guide on all aspects of BVI employment or immigration law. We recommend that specific advice is sought as each set of circumstances has its own peculiarities.</span></p>
<h2><b>Background</b></h2>
<p><span style="font-weight: 400;">In 2017, the BVI Government enacted a measure that exempted various categories of people from the need to obtain a work permit to work in the BVI for short periods of time. The categories of people exempted from the need to obtain a work permit has now been expanded, with effect from 7 March 2024.</span></p>
<h2><b>BVI Work permit exemptions</b></h2>
<p><span style="font-weight: 400;">Following the changes introduced by the Labour Code (Work Permit Exemption) (Amendment) Order, 2024 on 7 March 2024, the following classes of persons, described in summary form, are exempt from the need for a work permit for 7 days in the first instance with extensions based on a request for an extension:</span></p>
<ol>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">directors and other officers of companies (whether incorporated in the BVI or elsewhere) visiting the BVI for the sole purpose of participating in meetings of the board of directors of such companies;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons visiting clients for business deals and negotiations. Note that this does not include foreign lawyers not admitted to practise in or holding a valid practising certificate in the BVI;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons attending business-related events (meetings, seminars and similar events) put on by BVI entities (whether government or private). This includes paying participants but also persons associate with the event, including presenters and support staff;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons making purchases from BVI entities (whether government or private);</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons receiving training and work coaching (including internships) from BVI entities (government or private);</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons conducting research with the permission of the requisite BVI Government agency;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons participating in amateur sporting activities, including coaches, officials and others that support the event or participants;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">students attending institutions of learning for short-term training and educational activities;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons providing emergency and humanitarian services to BVI registered businesses, statutory bodies, non-profit organisations and other entities. This category applies to persons offering vital support in areas such as emergency response, medical care, firefighting and rescue operations services;</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">persons providing repairs to machinery or equipment that are essential for the safe and uninterrupted operation of a business or facility where the necessary expertise is not available in the BVI. This category</span></li>
</ol>
<p><i><span style="font-weight: 400;">Revised: 11 March 2024</span></i><i><span style="font-weight: 400;"><br />
</span></i><a href="http://www.ghpbvi.com/"><span style="font-weight: 400;">www.ghpbvi.com</span></a><span style="font-weight: 400;"> </span></p>
<p>The post <a href="https://ghpbvi.com/bvi-work-permit-exemptions/">BVI Work Permit Exemptions</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Property Tax In the British Virgin Islands</title>
		<link>https://ghpbvi.com/property-tax-in-the-british-virgin-islands/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Fri, 15 Sep 2023 23:20:12 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[Belongers]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[BVI Belonger Status]]></category>
		<category><![CDATA[BVI Property Ownership]]></category>
		<category><![CDATA[Property]]></category>
		<category><![CDATA[Property Tax]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=1754</guid>

					<description><![CDATA[<p>In this guide, we examine property tax in the British Virgin Islands, including which types of property are subject to it, how it is calculated and when it is payable.</p>
<p>The post <a href="https://ghpbvi.com/property-tax-in-the-british-virgin-islands/">Property Tax In the British Virgin Islands</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><p><strong>Introduction</strong></p>
<p>Property tax in the British Virgin Islands is quite low, relative to property-related taxes levied in many other countries. Having said that, interest on late payments can quickly accrue and where payments are missed over several years, it is not uncommon for the interest due on those missed payments to exceed the underlying property tax liability.</p>
<p>The BVI’s Inland Revenue Department does not issue property tax invoices or reminders and property owners must therefore remember to pay the required tax when it becomes due.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2020/09/BVI-Legal-Guide-Property-Tax.pdf">Guide to Property Tax.</a></p>
<p><strong>The Period Covered</strong></p>
<p>Property tax is payable on 1 September in each year and covers the calendar year in which the relevant payment falls due.</p>
<p>Property tax that falls due on 1 September in any given year therefore covers the period 1 January to 31 December in that year.</p>
<p>While property tax falls due annually on 1 September, property owners are allowed a grace period of three months to pay. This means that property owners will not be in arrears provided the applicable property tax is paid on or prior to 30 November in each calendar year. If the property tax remains unpaid after the three month grace period, interest at a rate of twenty per cent per annum on the amount payable and unpaid shall be charged and such additional sum shall be deemed to be part of, and shall be recoverable with the tax remaining payable and unpaid.</p>
<p><strong>The Two Elements of Property Tax </strong></p>
<p>Property tax comprises the following two elements:</p>
<ul>
<li>A tax levied on every acre or part of an acre of land in the BVI (commonly referred to as <em>land tax</em>); and</li>
<li>A tax levied on the assessed value of every house in the BVI (commonly referred to as <em>house tax</em>).</li>
</ul>
<p>Note that the definition of “house” under the relevant legislation includes any kind of building. Property owners should therefore not fall under the mistaken belief that property tax applies in respect of residential properties only.</p>
<p>The element of property tax attributable to land is calculated at differing rates, determined by whether the land in question is owned by a British Virgin Islander, or an expatriate.</p>
<p>For the purposes of the relevant legislation and broadly speaking, a British Virgin Islander is: (i) a person who is deemed to belong to the BVI under the Immigration and Passport Act; and (ii) a BVI company that is owned and controlled by a British Virgin Islander.</p>
<p>The definition of an expatriate includes any person who is not a British Virgin Islander and any company that is not owned and controlled by a British Virgin Islander.</p>
<p><strong>How Property Tax is Calculated </strong></p>
<p>The element of property tax attributable to land is chargeable at the following rates:</p>
<p><span style="font-size: 18px;">Where the land in question is owned by a British Virgin Islander:</span></p>
<ul>
<li><span style="font-size: 18px;">US$10.00 on the first acre or part acre of land; and</span></li>
<li><span style="font-size: 18px;">US$3.00 on each additional acre or part acre of land.</span></li>
</ul>
<p> <span style="font-size: 18px;">Where the land in question is owned by an expatriate:</span></p>
<ul>
<li><span style="font-size: 18px;">US$50.00 on half an acre of land or less;</span></li>
<li>US$150.00 on more than half an acre of land but not exceeding one acre of land; and</li>
<li>US$50.00 on each additional acre or part of an acre of land exceeding one acre of land.</li>
</ul>
<p>Where a person holds land under a lease from the Crown with a term exceeding one year, the land is taxed at the rate applicable to a British Virgin Islander, irrespective of whether the lessee is a British Virgin Islander or an expatriate.</p>
<p>The element of property tax attributable to houses/buildings is calculated at the rate of one and a half percent per annum on the notional annual value of the building in question. The notional annual value is an amount, not in excess of the rent, which the building might reasonably be expected to yield from year to year.</p>
<p><strong>The Annual Assessment </strong></p>
<p>The Inland Revenue Commissioner assesses and reassesses all property in the BVI liable to the payment of property tax annually and prepares an assessment list which includes the names of property owners and the amount of property tax due for any given year.</p>
<p>The assessment list is required to be published in each inhabited island and in such parts of each inhabited island as the Minister responsible for finance deems expedient.</p>
<p>The assessment list is to be accompanied by a notice advising the owners of the properties referred to in it, that they may appear before a hearing of the Magistrate at the date and place referred to in the notice if they wish to object to the assessed value of their property as detailed in the assessment list.</p>
<p>Property owners who do not agree with the contents of the assessment list as it relates to their property may appear before the Magistrate on the dates and at the times of the hearings stated in the assessment list and state their objections.</p>
<p>At the hearing, the Magistrate will enquire into the assessment, hear and determine the objection and confirm, and alter, or amend the assessment list as is necessary.</p>
<p><strong style="font-size: 18px;">Conclusion</strong></p>
<p>Property owners are encouraged to set a reminder to check the assessment list and to pay the property tax attributable to their property on time to avoid the imposition of avoidable interest.</p>
<p>For some BVI property owners it can be challenging to check the amount of property tax that is due and to make timely payment, particularly where they are unable to be in the BVI when the property tax becomes payable. We regularly help property owners ascertain the amount of property tax due and facilitate timely payment to ensure they remain compliant with their property tax obligations. Our service includes annual reminders at the appropriate time to give BVI property owners one less thing to think about.</p>
<p>Please contact us if you would like any assistance with ascertaining and paying your property tax.</p>
<p>&nbsp;</p>
<p>For more information or if you require any assistance with your BVI property, please feel free to <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our BVI real estate lawyers using the contact details <a href="https://ghpbvi.com/our-team/">here</a>.</p>
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<p>The post <a href="https://ghpbvi.com/property-tax-in-the-british-virgin-islands/">Property Tax In the British Virgin Islands</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Legal Guide &#8211; The Stamps (Amendment) Act 2023 – Stamp Duty Exemption for First Time Belonger Buyers</title>
		<link>https://ghpbvi.com/legal-guide-the-stamps-amendment-act-2023-stamp-duty-exemption-for-first-time-belonger-buyers/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Mon, 03 Apr 2023 12:59:01 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[Belongers]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[BVI Property Ownership]]></category>
		<category><![CDATA[Exemption]]></category>
		<category><![CDATA[First time buyers]]></category>
		<category><![CDATA[Stamp Duty]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=2440</guid>

					<description><![CDATA[<p>This legal guide examines the effect of the Stamps (Amendment) Act 2022 and how first time Belonger property owners in the BVI can benefit from a stamp duty exemption.</p>
<p>The post <a href="https://ghpbvi.com/legal-guide-the-stamps-amendment-act-2023-stamp-duty-exemption-for-first-time-belonger-buyers/">Legal Guide &#8211; The Stamps (Amendment) Act 2023 – Stamp Duty Exemption for First Time Belonger Buyers</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><strong>Introduction</strong></p>
<p>The Stamps (Amendment) Act 2023 (the <strong><em>Act</em></strong>) is now in force, having been granted assent by the Governor on 20 March 2023 and extends the stamp duty exemption available to Belongers who are first time property owners until 20 March 2024.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2023/04/Legal-Update-Stamps-Amendment-Act-2023.pdf">Legal Guide &#8211; Stamp Duty in the BVI – The Stamps (Amendment) Act 2023</a></p>
<p><strong>The exemption</strong></p>
<p>Stamp duty is a documentary tax that is levied in connection with certain specified legal documents. The primary legislation governing the assessment of stamp duty in the BVI is the Stamp Act. The Act further amends the Schedule to the Stamp Act by exempting certain Instruments effecting the sale or transfer of BVI property from the obligation to pay stamp duty.</p>
<p>The exemption applies only in respect of the sale or transfer of BVI property:</p>
<ul>
<li>to a Belonger who is a first-time property owner; and</li>
<li>for a period of one year from the coming into force of the Act.</li>
</ul>
<p>The exemption under the Act is expressed to apply to Instruments effecting both the sale and the transfer of BVI property to Belongers. The exemption under the Act therefore captures transfers of property in consideration of natural love and affection, notwithstanding only nominal stamp duty is typically payable in connection with such transfers.</p>
<p>In the context of BVI property transactions, stamp duty is typically paid by the purchaser.</p>
<p><strong>Belongers and Non-Belongers</strong></p>
<p>In broad terms, Belonger status is a legal classification that is associated with a number of British Overseas Territories, though the requirements to attain this status and the rights that such status confers, vary from territory to territory.</p>
<p>As far as the BVI is concerned, a Belonger is a person deemed to belong to the BVI according to the Virgin Islands Constitution Order 2007.</p>
<p><strong>The Stamp Act</strong></p>
<p>Where the exemption under the Act does not apply, the stamp duty payable in connection with the sale of BVI property to a Belonger shall be calculated at a rate of 4% of the higher of the purchase price and the market value of the property in question.</p>
<p><strong>The Non-Belongers Land Holding Regulation Act</strong></p>
<p>In general terms, the rate of stamp duty payable in respect of Instruments effecting the sale or transfer of BVI property to Non-Belongers is higher compared with that payable by Belongers.  For example, the Non-Belongers Land Holding Regulation Act (the <strong><em>NBLHR Act</em></strong>) provides that the stamp duty payable in connection with the sale of BVI property to a Non-Belonger is calculated at a rate of 12% of the higher of the purchase price and the market value of the property in question.</p>
<p>The Act does not apply to Instruments effecting the sale or transfer of BVI property to Non-Belongers and the provisions of the Stamp Act in conjunction with the NBLHR Act will continue to govern the stamp duty regime in respect of such Instruments.</p>
<p><strong>First time property owners</strong></p>
<p>The Act does not include a definition of a first-time property owner and it remains unclear what verification will be undertaken to determine whether a person is indeed a first-time property owner.</p>
<p><strong>Conclusion </strong></p>
<p>The Act provides for significant stamp duty savings for Belongers in a position to take advantage of the exemption.</p>
<p>Belonger purchasers wishing to take advantage of the exemption should bear in mind that the Act provides that where a Belonger benefits from the exemption under the Act and subsequently sells or transfers the property to a Non-Belonger within a period of seven years, the stamp duty waived by way of the exemption shall become due.</p>
<p>For more information or if you require any assistance with your BVI property transaction, please feel free to <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to your usual GHP contact.</p></div>
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<p>The post <a href="https://ghpbvi.com/legal-guide-the-stamps-amendment-act-2023-stamp-duty-exemption-for-first-time-belonger-buyers/">Legal Guide &#8211; The Stamps (Amendment) Act 2023 – Stamp Duty Exemption for First Time Belonger Buyers</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Significant changes to the BVI Business Companies Act take effect 1 Jan 2023</title>
		<link>https://ghpbvi.com/bvi-business-companies-act-amendments-2022/</link>
					<comments>https://ghpbvi.com/bvi-business-companies-act-amendments-2022/#respond</comments>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Wed, 28 Dec 2022 18:08:44 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
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		<category><![CDATA[kerri-anne Mayne]]></category>
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					<description><![CDATA[<p>Overview of BVI Business Companies (Amendment) Act 2022 The BVI Business Companies (Amendment) Act, 2022 (the Amendment Act) comes into force on 1 January 2023 (the effective date). The Amendment Act makes significant changes to the existing BVI Business Companies Act (the current BCA) which are intended to ensure compliance with international standards and best practices. These changes include abolition of the bearer share regime, creation of a new requirement to file annual returns, and changes to the regime for striking off and restoration of companies. Legal Update BVI Business Companies Amendment Act 2022 Bearer shares The current BCA permits [&#8230;]</p>
<p>The post <a href="https://ghpbvi.com/bvi-business-companies-act-amendments-2022/">Significant changes to the BVI Business Companies Act take effect 1 Jan 2023</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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										<content:encoded><![CDATA[<h3><strong>Overview of BVI Business Companies (Amendment) Act 2022</strong></h3>
<p>The BVI Business Companies (Amendment) Act, 2022 (the <strong><em>Amendment Act</em></strong>) comes into force on 1 January 2023 (the <strong><em>effective date</em></strong>). The Amendment Act makes significant changes to the existing BVI Business Companies Act (the <strong><em>current BCA</em></strong>) which are intended to ensure compliance with international standards and best practices. These changes include abolition of the bearer share regime, creation of a new requirement to file annual returns, and changes to the regime for striking off and restoration of companies.</p>
<p><a href="https://ghpbvi.com/wp-content/uploads/2022/12/Legal-Update-BVI-Business-Companies-Amendment-Act-2022-12.12.2022.pdf">Legal Update BVI Business Companies Amendment Act 2022</a></p>
<h3><strong>Bearer shares</strong></h3>
<p>The current BCA permits the issue and transfer of bearer shares but these bearer shares could only be held by custodians authorised or recognised by the Financial Services Commission (the <strong><em>Commission</em></strong>). A bearer share which is not held by a custodian is “disabled” under the current BCA so that the holder of it is not entitled to vote, receive dividends or share in the assets of the company on its winding up or dissolution.</p>
<p>The Amendment Act will effectively abolish the concept of bearer shares in the BVI. As of the effective date, a company shall not issue a bearer share, convert a registered share to a bearer share or exchange a registered share for a bearer share. The memorandum of a company which, prior to the effective date did not prohibit these actions (<strong><em>bearer share company</em></strong>), will be deemed to be amended from the effective date to state that the company is not authorised to issue bearer shares, convert registered shares to bearer shares or exchange registered shares for bearer shares.</p>
<p>Every bearer share which existed prior to the effective date will, as of the effective date, be deemed to be converted to a registered share and be treated as if it had been issued on or after the effective date as a registered share. Following the effective date, custodians will cease to be authorised or recognised by the Commission to hold bearer shares.</p>
<p>If the owner of the bearer share is unknown, it shall be deemed transferred to the company which shall hold the share in trust for the owner of it. In these circumstances, the bearer share company may redeem the share notwithstanding the provisions of the BVI Business Companies Act, the company’s memorandum and articles of association and any shareholders’ agreement or other agreement. Prior to redeeming the share, the company must meet the requirements of the Amendment Act including publishing a notice in the Gazette announcing its intention to redeem the share, stating the redemption price of the share and indicating the manner in which the redemption is to be effected.</p>
<h3><strong>Requirement to file annual return</strong></h3>
<p>The Amendment Act introduces the requirement for companies to file a financial return (referred to as an annual return) with their registered agent. The annual return shall be filed nine (9) months after the company’s financial year ends. For example, the first annual return for a company with financial year ending 31 December would be due in September 2024 and the first financial return for a company with financial year ending 31 March would be due in December 2024. This requirement does not apply to a listed company, a company that is regulated under financial services legislation and provides financial statements to the Commission in accordance with that legislation, and a company that files an annual tax return to the Inland Revenue Department accompanied by the company’s financial statements.</p>
<p>Where a company fails to file its annual return within the required timeframe, the registered agent shall notify the Registrar of Companies (the Registrar) in writing of that fact not later than 30 days after the annual return was due.</p>
<p>A company which fails to file an annual return within the required timeframe shall be liable to a financial penalty for each month or part of a month that the filing is delayed, up to a maximum penalty of US$5,000.00. Where a company is liable to pay the maximum penalty and has not filed its annual return, the Registrar may strike the name of the company off the Register of Companies (the Register).</p>
<p>The Amendment Act does not outline what should be included in the annual return. However, it does state that the annual return should contain such information as the Commission may by Order prescribe. It is expected that these requirements will be published by the Commission prior to September 2024, which is the earliest date by which companies would be required to file annual returns under the Amendment Act. We will provide updates when these requirements are available.</p>
<h3><strong>Additional requirements for company registers</strong></h3>
<p>A company’s register of members has always been required to show the number of each class and series of registered shares held by each shareholder, but from the effective date must now also include the nature of the voting rights associated with those shares, unless the nature of the voting rights is outlined in the memorandum and articles of association.</p>
<p>From the effective date, the register of directors shall include the names of persons appointed as alternate directors, however this requirement shall not apply where the alternate director is, at the time of appointment, already a director of the company.</p>
<p>The Amendment Act establishes a framework for the Registrar to maintain a register of persons with significant control as shall be defined and kept in accordance with the BVI Business Companies Regulations. As at the date of this publication, the Regulations regarding the register of persons with significant control have not yet been published. Details are not yet available about what this register should contain however we will publish updates when the regulations become available.</p>
<h3><strong>Continuation of companies out of BVI</strong></h3>
<p>The current BCA allows a BVI business company to continue as a company incorporated under the laws of a jurisdiction outside the Virgin Islands in the manner provided under the laws of that jurisdiction. The Amendment Act places additional requirements on a company which intends to continue outside the Virgin Islands after the effective date. The company will be required to file a notice of intention to continue under the laws of a jurisdiction outside the Virgin Islands with the Registrar in the approved form. At least 14 days before filing the notice, the company must advertise a notice of intention in the Gazette and on its website (if any) and specify the jurisdiction to which it intends to continue. The company shall also notify its members and creditors in writing of such intention. These additional requirements provide a means by which shareholders, creditors and other stakeholders of the company will be given notice of the continuation before the process is completed. However, the Amendment Act does not empower them to make representations to the Registrar or otherwise take steps which will prevent the issuance of a certificate of discontinuance.</p>
<h3><strong>List of directors of BVI companies </strong></h3>
<p>The Amendment Act empowers the Registrar to make available a list of directors contained in a company’s register of directors on request made by registered users of the Registry’s online information system (VIRRGIN) or members of the public who visit the Registry. It is important to appreciate that it is only a list of names of the directors which will be publicly available and not the register of directors, which includes the date of appointment and date of cessation as director and personal data of individual directors such as residential address, date and place of birth and nationality.</p>
<h3><strong>Striking off and dissolution of BVI companies</strong></h3>
<p>The current BCA provides a mechanism for the Registrar to remove companies from the Register which are not compliant with its provisions. This is the process of striking the company off the Register. When a company is struck off the Register, that company cannot carry on business, commence or defend legal proceedings or otherwise act in any way with respect to the affairs of the company.</p>
<p>The current BCA provides for a seven-year period between the point at which the Registrar strikes a company off the Register and the date the company is dissolved. The Amendment Act changes this position. As of the effective date, where a company is struck off the Register, the company shall be dissolved on the date the Registrar publishes a notice of striking off in the Gazette. The Amendment Act provides for transitional arrangements for companies which are struck off the Register but not yet dissolved as at the effective date. However, it is important that companies which have been struck off the Register consider whether they wish to be restored and take action accordingly without delay.</p>
<p>Under the current BCA, applications to be restored to the Register can only be made to the Registrar in respect of companies that are struck off but not dissolved; companies which are dissolved are required to apply to the court to be restored. The Amendment Act will allow dissolved companies to make an application to the Registrar in prescribed circumstances, introducing a simpler process of restoring dissolved companies to the Register. In some circumstances, applications for restoration will still need to be made to the court including where the company was not carrying on business or in operation on the date of dissolution or where the purpose of the restoration is to initiate, continue or discontinue legal proceedings in the name of or against the company. However, dissolved companies will only have a period of five years (moving from the current seven years) to file an application for restoration to the Registrar or the court. It would therefore be prudent for persons to check the status of their companies and check that they are up to date with the annual fees and all other requirements notified to them by their registered agent.</p>
<h3><strong>Residency requirements for voluntary liquidators of BVI companies</strong></h3>
<p>The Amendment Act introduces the requirement for voluntary liquidators appointed after the effective date to be resident in the British Virgin Islands. If joint voluntary liquidators are appointed, only one needs to be resident in the British Virgin Islands. This requirement does not apply to voluntary liquidators who are appointed prior to the effective date.</p>
<h3><strong>Restrictions in relation to charitable or non-commercial businesses</strong></h3>
<p>Persons who wish to incorporate a company to pursue charitable or non-commercial purposes, whether wholly or partially, are required to apply to the Registrar in the approved form. The application must meet the requirements in the Amendment Act; this includes indicating (i) whether the purpose of incorporating the company is to undertake charitable or non-commercial activities, wholly or partially; (ii) how the company intends to segregate the activities of the charitable or non-commercial business from other activities of the company if carrying out these activities partially, and (iii) the geographical region or regions in which such charitable or non-commercial activities are to be carried out. The Registrar will only approve the incorporation of the company if satisfied the requirements under the Amendment Act are met. This new requirement applies to all BVI business companies regardless of where in the world it performs charitable or non-commercial activities.</p>
<p><strong>Conclusion</strong></p>
<p>The above is not intended to be a complete account of the changes to the business company regime. It is important for companies to familiarize themselves with the various amendments and make adjustments accordingly in order to comply with their new obligations under the Amended Act. As indicated above, further developments are expected as new concepts introduced by the Amendment Act will be further refined. We will continue to monitor changes and provide updates when available.</p>
<p>Feel free to contact us with any queries on the impact of the Amendment Act on your company or the steps you may need to take to ensure compliance with its provisions.</p>
<p>KERRI-ANNE J MAYNE</p>
<p>Associate <strong>│</strong>George Henry Partners LP</p>
<p>📞 + 1 284 393 7005 │ + 1 284 346 9734</p>
<p>📧 <a href="mailto:kerri-anne.mayne@ghpbvi.com">kerri-anne.mayne@ghpbvi.com</a></p>
<p>&nbsp;</p>
<p>The post <a href="https://ghpbvi.com/bvi-business-companies-act-amendments-2022/">Significant changes to the BVI Business Companies Act take effect 1 Jan 2023</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Legal Update &#8211; Foreign Based Commercial Recreational Vessels &#8211; No Trade Licence Required</title>
		<link>https://ghpbvi.com/legal-guide-foreign-based-commercial-recreational-vessels-no-trade-licence-required/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Mon, 14 Nov 2022 17:27:48 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[Commercial Recreational Vessels]]></category>
		<category><![CDATA[Shipping]]></category>
		<category><![CDATA[trade licences]]></category>
		<category><![CDATA[work permits]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=2193</guid>

					<description><![CDATA[<p>This legal guide examines changes to the requirement for foreign based commercial recreational vessels to require a trade licence.</p>
<p>The post <a href="https://ghpbvi.com/legal-guide-foreign-based-commercial-recreational-vessels-no-trade-licence-required/">Legal Update &#8211; Foreign Based Commercial Recreational Vessels &#8211; No Trade Licence Required</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><p>The Government of the Virgin Islands has <a href="https://bvi.gov.vg/media-centre/statement-premier-wheatley-announcement-no-trade-licence-commercial-recreational">issued a statement</a> to the maritime industry indicating that the measure introduced in 2021 to require foreign based commercial recreational vessels conducting charter business in the British Virgin Islands to obtain yacht charter licences and  work permits for crew working on these vessels will be reversed as of Tuesday, 15 November 2022.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2022/11/Legal-Update-Foreign-Based-Commercial-Recreational-Vessels-14.11.2022.pdf">Legal Update &#8211; Foreign Based Commercial Recreational Vessels</a></p>
<p>The introduction of this measure in 2021 meant a sea (np) change in the regulatory regime governing the operation of foreign based commercial recreational vessels in BVI waters resulting in operators modifying their operational procedures and strategies to comply with the requirements.</p>
<p>With the reversal of this position, there will no doubt be questions as to precisely how the revised regime will work in practice and we anticipate that the authorities will publish updated guidance in this regard in due course. We will therefore continue to monitor this space and share any useful information and guidance as the new procedures are implemented.</p>
<p>For more information or if you require any assistance with BVI shipping matters, trade licences or work permits, please feel free to <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our lawyers using the contact details below.</p></div>
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<p>The post <a href="https://ghpbvi.com/legal-guide-foreign-based-commercial-recreational-vessels-no-trade-licence-required/">Legal Update &#8211; Foreign Based Commercial Recreational Vessels &#8211; No Trade Licence Required</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Jennifer A Potter joins GHP as Director of Operations</title>
		<link>https://ghpbvi.com/jennifer-potter-joins-ghp-bvi/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Fri, 22 Apr 2022 13:44:05 +0000</pubDate>
				<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[Director of Operations]]></category>
		<category><![CDATA[financial services]]></category>
		<category><![CDATA[George Henry Partners LP]]></category>
		<category><![CDATA[GHP]]></category>
		<category><![CDATA[innovative solutions]]></category>
		<category><![CDATA[Jennifer Potter]]></category>
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					<description><![CDATA[<p>George Henry Partners LP is pleased to announce that Jennifer Potter joined the firm on 5 April 2022 as Director of Operations. </p>
<p>The post <a href="https://ghpbvi.com/jennifer-potter-joins-ghp-bvi/">Jennifer A Potter joins GHP as Director of Operations</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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<h3>GHP BVI continues growth and expansion strategy with critical hire</h3>
<p>George Henry Partners LP is pleased to announce that Jennifer Potter joined the firm on 5 April 2022 as Director of Operations. Jennifer has extensive experience in the implementation of innovative solutions to manage and optimise business systems and resources. Jennifer is particularly adept at identifying and harnessing advances in technology to achieve business objectives.</p>
<p>An experienced executive, Jennifer led strategic solutions for the BVI financial services regulator for over two decades and has demonstrable experience in delivering change and innovation in the fields of risk-management, corporate governance and regulatory compliance.</p>
<p>“<em>We are delighted to welcome Jennifer to the team. Jennifer’s skills and experience, particularly in the areas of risk-management, corporate governance and regulatory compliance will be of fundamental importance to the growth and development of our firm. Jennifer’s unique experience better positions the firm to provide our clients with comprehensive solutions.  We are excited to have Jennifer join us at such a critical stage of our development, as we continue to broaden and enhance our offering</em>&#8221; said Sheila George, Managing Partner.</p>
<p>Jennifer joins a team of professionals who are widely recognized as experts in their field and who are dedicated to serving clients in a culture of excellence where people are the core.</p>
<p><a href="https://ghpbvi.com/team/jennifer-a-potter/">View Jennifer&#8217;s profile.</a></p>
<p>The post <a href="https://ghpbvi.com/jennifer-potter-joins-ghp-bvi/">Jennifer A Potter joins GHP as Director of Operations</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Legal Guide &#8211; The Stamps (Amendment) Act 2022 – Stamp Duty Exemption for First Time Belonger Buyers</title>
		<link>https://ghpbvi.com/legal-guide-bvi-stamp-duty-exemption/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Tue, 12 Apr 2022 22:05:31 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[Belongers]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[BVI Property Ownership]]></category>
		<category><![CDATA[Exemption]]></category>
		<category><![CDATA[First time buyers]]></category>
		<category><![CDATA[Stamp Duty]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=2127</guid>

					<description><![CDATA[<p>This legal guide examines the effect of the Stamps (Amendment) Act 2022 and how first time Belonger property owners in the BVI can benefit from a stamp duty exemption.</p>
<p>The post <a href="https://ghpbvi.com/legal-guide-bvi-stamp-duty-exemption/">Legal Guide &#8211; The Stamps (Amendment) Act 2022 – Stamp Duty Exemption for First Time Belonger Buyers</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><strong>Introduction</strong></p>
<p>There is now an updated version of this guidance.  Click <a href="https://ghpbvi.com/news-analysis/legal-guide/legal-guide-the-stamps-amendment-act-2023-stamp-duty-exemption-for-first-time-belonger-buyers/">here</a> for the March 2023 legal guide on the Stamp Duty exemption for first-time belonger home buyers.</p>
<p>The Stamps (Amendment) Act 2022 (the <strong><em>Act</em></strong>) is now in force, having been granted assent by the Governor on 21 March 2022 and is anticipated to have a positive impact on the number of property transactions taking place in the British Virgin Islands.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2022/04/Legal-Update-Stamp-Duty-in-the-BVI-Stamps-Amendment-Act-2022.pdf">Legal Guide &#8211; Stamp Duty in the BVI – The Stamps (Amendment) Act 2022</a></p>
<p><strong>The exemption</strong></p>
<p>Stamp duty is a documentary tax that is levied in connection with certain specified legal documents. The primary legislation governing the assessment of stamp duty in the BVI is the Stamp Act. The Act amends the Schedule to the Stamp Act by exempting certain Instruments effecting the sale or transfer of BVI property from the obligation to pay stamp duty.</p>
<p>The exemption applies only in respect of the sale or transfer of BVI property:</p>
<ul>
<li>to a Belonger who is a first-time property owner; and</li>
<li>for a period of one year from the coming into force of the Act.</li>
</ul>
<p>The exemption under the Act is expressed to apply to Instruments effecting both the sale and the transfer of BVI property to Belongers. The exemption under the Act therefore captures transfers of property in consideration of natural love and affection, notwithstanding only nominal stamp duty is typically payable in connection with such transfers.</p>
<p>In the context of BVI property transactions, stamp duty is typically paid by the purchaser.</p>
<p><strong>Belongers and Non-Belongers</strong></p>
<p>In broad terms, Belonger status is a legal classification that is associated with a number of British Overseas Territories, though the requirements to attain this status and the rights that such status confers, vary from territory to territory.</p>
<p>As far as the BVI is concerned, a Belonger is a person deemed to belong to the BVI according to the Virgin Islands Constitution Order 2007.</p>
<p><strong>The Stamp Act</strong></p>
<p>Where the exemption under the Act does not apply, the stamp duty payable in connection with the sale of BVI property to a Belonger shall be calculated at a rate of 4% of the higher of the purchase price and the market value of the property in question.</p>
<p><strong>The Non-Belongers Land Holding Regulation Act</strong></p>
<p>In general terms, the rate of stamp duty payable in respect of Instruments effecting the sale or transfer of BVI property to Non-Belongers is higher compared with that payable by Belongers.  For example, the Non-Belongers Land Holding Regulation Act (the <strong><em>NBLHR Act</em></strong>) provides that the stamp duty payable in connection with the sale of BVI property to a Non-Belonger is calculated at a rate of 12% of the higher of the purchase price and the market value of the property in question.</p>
<p>The Act does not apply to Instruments effecting the sale or transfer of BVI property to Non-Belongers and the provisions of the Stamp Act in conjunction with the NBLHR Act will continue to govern the stamp duty regime in respect of such Instruments.</p>
<p><strong>First time property owners</strong></p>
<p>The Act does not include a definition of a first-time property owner and it is unclear at this stage what verification will be undertaken to determine whether a person is indeed a first-time property owner.</p>
<p><strong>Conclusion </strong></p>
<p>The Act provides for significant stamp duty savings for Belongers in a position to take advantage of the exemption.</p>
<p>Belonger purchasers wishing to take advantage of the exemption should bear in mind that the Act provides that where a Belonger benefits from the exemption under the Act and subsequently sells or transfers the property to a Non-Belonger within a period of seven years, the stamp duty waived by way of the exemption shall become due.</p>
<p>For more information or if you require any assistance with your BVI property transaction, please feel free to <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our lawyers using the contact details below.</p></div>
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<p>The post <a href="https://ghpbvi.com/legal-guide-bvi-stamp-duty-exemption/">Legal Guide &#8211; The Stamps (Amendment) Act 2022 – Stamp Duty Exemption for First Time Belonger Buyers</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Legal update &#8211; Probates (Resealing) Act, 2021</title>
		<link>https://ghpbvi.com/legal-update-probates-resealing-act-2021/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Thu, 24 Jun 2021 23:52:49 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[Probate]]></category>
		<category><![CDATA[Wills]]></category>
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					<description><![CDATA[<p>In this legal update we examine the introduction of the Probates (Resealing) Act, 2021. </p>
<p>The post <a href="https://ghpbvi.com/legal-update-probates-resealing-act-2021/">Legal update &#8211; Probates (Resealing) Act, 2021</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><p>The Probates (Resealing) Act, 2021 (the <strong><em>Act</em></strong>) was Gazetted on 22 June 2021 and took effect from 9 July 2021.</p>
<p>&nbsp;</p>
<p><strong>Background</strong></p>
<p>The Act repeals and replaces the Probates (Resealing) Act (Cap. 60) (the <strong><em>Original Act</em></strong>), which was enacted in 1937. The purpose of the Original Act was to provide for a simplified procedure to follow in which grants of probate or letters of administration issued by certain foreign courts may be resealed by the courts in the Virgin Islands.</p>
<p>Resealed grants under the Original Act had the same effect as if they were granted by the courts in the Virgin Islands.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2021/07/Legal-Guide-Probates-Resealing-Act-12-July-2021.pdf">Legal Update &#8211; Probates (Resealing) Act, 2021.</a></p>
<p><strong>Limitation of the Original Act</strong></p>
<p>The main limitation of the Original Act was that it only applied to grants issued by courts of probate in Her Majesty’s dominions as that term was defined in the Original Act. This included any British protectorate or protected state and any territory in respect of which a mandate or trusteeship was being exercised by Her Majesty’s Government in the United Kingdom or the Government of any part of Her Majesty’s dominions.</p>
<p>The result was that the range of jurisdictions whose court-issued grants of probate or letters of administration could be resealed in the Virgin Islands was necessarily limited.</p>
<p><strong style="font-size: 18px;">New legislation</strong></p>
<p>The Act maintains the essence of the Original Act but extends the number of jurisdictions whose grants of probate or letters of administration may be resealed by the Virgin Islands courts. The expanded list of jurisdictions includes all Commonwealth countries and territories and also includes Hong Kong and the United States of America. The Act allows the Governor, with the Agreement of Cabinet to extend the list of applicable jurisdictions, by publication of an Order in the Gazette to that effect. A full list of the current jurisdictions that are covered by the Act is included in the table at the end of this legal guide.</p>
<p>The Act applies to the grant of probate or letters of administration, whether issued before or after the coming into force of the Act.</p>
<p><strong style="font-size: 18px;">Creditors</strong></p>
<p><span style="font-size: 18px;">A further change introduced by the Act is that it empowers the High Court to require the giving of security in respect of the payment of debts due from the estate of a deceased person to persons residing in the Virgin Islands before resealing any grant of probate or letters of administration. </span></p>
<p style="text-align: justify;"><strong>Conclusion</strong></p>
<p>The Act should greatly increase the number of estates that are able to benefit from the simplified procedure through which grants of probate or letters of administration issued by foreign courts may be resealed by the courts in the Virgin Islands. The availability of a simplified procedure in what is undoubtedly a difficult time will be of great benefit to many and shows that the BVI authorities remain conscious of the needs of the users of BVI companies.</p>
<p style="text-align: justify;">If you would like any further information in relation to these changes, or any assistance or guidance in relation to matters relating to wills or probate, please <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our lawyers using the contact details below.</p>
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<p>The post <a href="https://ghpbvi.com/legal-update-probates-resealing-act-2021/">Legal update &#8211; Probates (Resealing) Act, 2021</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Legal update &#8211; BVI Government to introduce new business licensing and investment regime</title>
		<link>https://ghpbvi.com/legal-update-bvi-government-to-introduce-new-business-licensing-and-investment-regime/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Thu, 11 Feb 2021 20:55:51 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[Business Licensing Act]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[BVI Business]]></category>
		<category><![CDATA[BVI Trade Licence]]></category>
		<category><![CDATA[Investment]]></category>
		<category><![CDATA[Virgin Islands Investment Act]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=1854</guid>

					<description><![CDATA[<p>In this legal update we examine the BVI Government's proposals for the introduction of a new business licensing and investment regime. </p>
<p>The post <a href="https://ghpbvi.com/legal-update-bvi-government-to-introduce-new-business-licensing-and-investment-regime/">Legal update &#8211; BVI Government to introduce new business licensing and investment regime</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><p><strong>Introduction</strong></p>
<p>The Government has for some time been engaged in a consultation and review exercise concerning business licensing and matters relating to the encouragement and regulation of investment in the British Virgin Islands (<strong><em>BVI</em></strong>). Draft legislation reflecting the Government’s proposals has now been published in the Gazette in the form of the Business Licensing Act (<strong><em>BLA</em></strong>) and the Virgin Islands Investment Act (<strong><em>VIIA</em></strong>).</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2021/02/Legal-Update-Business-Licensing-Act-and-Virgin-Islands-Investment-Act-28-January-2021.pdf">Legal Update &#8211; Business Licensing Act and Virgin Islands Investment Act.</a></p>
<p>The BLA and VIIA will repeal and replace the Business, Professions and Trade Licences Act (<strong><em>BPTLA</em></strong>) and introduce a new regime to regulate business activities and investment in the BVI. While they are currently in draft form and are therefore subject to amendment, the BLA and VIIA signal the introduction of significant change in this area that will be of interest to current business owners and potential investors.</p>
<p><strong>The requirement for a licence</strong></p>
<p>The BLA maintains the existing requirement that a person shall not engage in business in the BVI without the requisite licence. Business as contemplated by the BLA includes every form of trade and profession, any other activity that is carried on for gain or reward, or in the course of which goods or services are acquired or supplied.</p>
<p>In a departure from the current licensing regime, the BLA provides that the licensing requirement will apply notwithstanding the provisions of any other Act. This is different from the current position where certain business activities that are regulated under separate legislation (for example the Securities and Investment Business Act 2010), are specifically exempted from the need to obtain a licence under the BPTLA. If the provision survives the consultation process, businesses that are currently exempt from the licensing requirement under the BPTLA may need to apply for a licence under the BLA in addition to satisfying any other licensing requirement.</p>
<p style="text-align: justify;">Under the BLA there is a general exemption exclusively for belongers from the requirement to obtain a licence in respect of the sale of any locally produced unprocessed agricultural products or any marine products or roadside vending of homemade pastries, drinks and confectionaries. The BPTLA provided for a similar exemption that was not restricted to belongers.</p>
<p><strong style="font-size: 18px;">The application process </strong></p>
<p>Persons familiar with the process of applying for a licence under the BPTLA will note several changes under the BLA.</p>
<p>First, a modest non-refundable application fee must now accompany the application. Second, the application must be submitted to the Board of the Virgin Islands Trade Commission (the <strong><em>Commission</em></strong>) established under the Virgin Islands Trade Commission Act 2020, for consideration. The functions of the Commission are explained in more detail below. Third, and perhaps most significantly, a licence application submitted by a foreign investor (which in general terms is an investor that is not a belonger) must be accompanied by a <em>certificate of approval of investment</em>. The process of applying for and securing a certificate of approval of investment is covered in more detail below.</p>
<p>In deciding whether to grant a licence the Commission shall also take into account the following matters:</p>
<ul>
<li>the previous conduct of the business and that of the persons who have an interest in that business, whether as owner, director, shareholder or otherwise;</li>
<li>whether the business or proposed business of the applicant is one that has been traditionally reserved for belongers or whether it is one in which belongers have had a substantial representation;</li>
<li>the efforts made to obtain belonger participation in the business;</li>
<li>the necessity, if any, for the institution of quotas for the types and categories of businesses to be licensed and operated; and</li>
<li>the socio-economic impact of the proposed business activity to the economy of the BVI.</li>
</ul>
<p><strong>Certificate of approval of investment</strong></p>
<p>The process of applying for and securing a certificate of approval of investment is governed by the VIIA. In broad terms, the VIIA prescribes that any foreign investor proposing to invest in the BVI must first apply to the Commission for approval of the proposed investment in the prescribed form and manner. In considering the application for approval of the proposed investment, the Commission shall consider the net benefit for the BVI and shall take into account a range of specified matters, including the following:</p>
<ul>
<li>the contribution of the investment to the national development, economic growth, public policy and national security objectives of the BVI;</li>
<li>the contribution of the investment to the advancement of persons who have been socially, economically or educationally disadvantaged by past discriminatory laws and practices;</li>
<li>the contribution of the investment to the implementation of programmes and policies aimed at redressing social and economic imbalances in the BVI, including gender-based imbalances;</li>
<li>the contribution of the investment towards increasing employment creation in the BVI;</li>
<li>the extent to which the investment will procure goods and services from the small to medium enterprises sector and belonger suppliers in general; and</li>
<li>any other factors the Commission may prescribe.</li>
</ul>
<p style="text-align: justify;"><strong>Licence renewals</strong></p>
<p>The BLA introduces several changes to the licence renewal process, compared with the current process under the BPTLA.</p>
<p>The BLA prescribes that the same matters taken into account by the Commission when determining whether to grant a licence (as outlined above) should be taken into account when determining whether to renew a licence. In addition, certain prescribed documentation must accompany the renewal application. These include evidence that all taxes, social security contributions and national health insurance contributions have been paid, and copies of any applicable licences, permits or authorisations to operate the business. In the case of a company, the application should be accompanied by a certificate of good standing issued by the Registry of Corporate Affairs and current registers of directors and members. </p>
<p><strong>Fees</strong></p>
<p>The BLA provides for a general increase in annual licence fees. This is not unexpected given that licence fees under the BPTLA remained static for many years. As is the case under the BPTLA, licence fees under the BLA will vary depending on the nature of the business or profession in question. Licence fees will also be higher in respect of businesses or professions undertaken by foreign investors compared with those undertaken by belonger investors.</p>
<p>The proposed annual licence fees range from US$1,500 to US$15,000 per year in respect of businesses undertaken by foreign investors and US$150 to US$1,500 per year in respect of businesses undertaken by belongers.</p>
<p><strong>The Commission</strong></p>
<p>The Commission is charged with receiving, reviewing and determining applications for the grant and renewal of licences under the BLA. The Commission has a wide role under the VIIA and will perform a range of functions, including the following:</p>
<ul>
<li>receiving and considering investment proposals received in accordance with the VIIA and approving or disapproving such applications and issuing certificates of approval of investment;</li>
<li>promoting foreign and domestic investment;</li>
<li>undertaking promotional activities to attract foreign investment;</li>
<li>registering and maintaining a register of belonger and foreign investors and their investments;</li>
<li>providing support services to investors and assisting with ongoing relations with the Government; and</li>
<li>assessing economic sectors and investment proposals and projects for investment potential.</li>
</ul>
<p><strong>Reservation of economic sectors and business activities</strong></p>
<p>The VIIA provides that Cabinet on the advice of the minister responsible for investment promotion, may through the publication of regulations, reserve certain categories of:</p>
<ul>
<li>economic sectors; and</li>
<li>business activities,</li>
</ul>
<p>as exclusive to the following categories of investor:</p>
<ul>
<li>the Government;</li>
<li>belongers and entities whose majority shareholdings are owned by belongers;</li>
<li>joint venture partnerships between belonger investors and foreign investors; and</li>
<li>investors that meet certain specified conditions pertaining to the net benefit that the investment would afford the BVI.</li>
</ul>
<p>Regulations have not yet been published and it therefore remains to be seen how such a system of reservation will work in practice.</p>
<p>The VIIA provides that if an investor had lawfully invested in an economic sector or business activity prior to it being designated as reserved under the VIIA, the investor shall be entitled to maintain his or her investment after the effective date of the reservation.</p>
<p><strong>Registration of investments</strong></p>
<p>The VIIA contains a general obligation for investors to register their investments with the Commission where those investments exceed a designated monetary threshold to be specified in future regulations. The requirement to register investments applies to both belonger and foreign investors.</p>
<p>Investments that are already in existence when the VIIA comes into effect must be registered within a twelve-month period. The obligation to register also applies to investments that grow to exceed the threshold for registration once they do so even where they start off being below the threshold.</p>
<p><strong>Expropriation</strong></p>
<p>The VIIA provides that the government may expropriate an asset, a property right or any other right of an investor, if such expropriation:</p>
<ul>
<li>is taken in the public interest;</li>
<li>is taken in accordance with applicable requirements and procedures; and</li>
<li>is accompanied by the payment of <em>just compensation</em>.</li>
</ul>
<p>The VIIA sets out a number of factors to be taken into account when assessing the level of just compensation and that it shall be based on an equitable balance between the public interest and the interest of those affected having regard to all relevant circumstances.</p>
<p>The circumstances in which expropriation will be deemed an appropriate remedy are not addressed in any detail in the draft legislation.</p>
<p><strong>Change of control</strong></p>
<p>The VIIA provides that an investor with an investment in a sector that is above the designated monetary threshold may not:</p>
<ul>
<li>change the ownership or control of the investment; or</li>
<li>transfer any licence, permit, authorisation or concession owned by the investor, to a foreign investor through any form of merger, acquisition, direct sale or transfer,</li>
</ul>
<p>without the approval of the Commission. Future regulations will specify the designated monetary thresholds that will apply to different sectors.</p>
<p>On receipt of an application the Commission may approve the application with or without conditions, or decline the application, but it is not clear under the draft legislation what criteria will be applied by the Commission in making this determination.</p>
<p>The VIIA contains an exception to the general requirement for the Commission’s approval in relation to any transfer of ownership or control of an investment where a lender takes possession of a financed investment in the event of a default by the borrower or in the event of bankruptcy or insolvency. However, the requirement for the Commission’s approval will still apply in the event of any future transfer of ownership by the lender and also if the lender seeks to operate the investment, other than for essential maintenance and temporary operation.</p>
<p><strong>Performance agreements</strong></p>
<p>Under the VIIA the Commission may, on behalf of the Government, enter into a legally binding performance agreement with any foreign investor seeking approval under the VIIA to agree on matters relating to the contributions of the investment to the development objectives of the BVI. While not expressly stated in the VIIA, it is presumably under such performance agreements that the terms of any incentives and contributions towards the Fund (see below) shall be documented.</p>
<p><strong>National Economic Investment Fund</strong></p>
<p>The VIIA provides for the establishment of a fund to be known as the National Economic Investment Fund (the <strong><em>Fund</em></strong>) into which shall be paid monies contributed by investors pursuant to the VIIA and such other qualifying investments payable pursuant to other legislation. The monies of the Fund shall be used only for the following purposes:</p>
<ul>
<li>infrastructure development;</li>
<li>environmental protection and improvement;</li>
<li>development programmes; and</li>
<li>social programmes, including education, sports and health.</li>
</ul>
<p>The legislation does not set out what criteria will be used to determine when a payment into the Fund will be required, or what level of payment will be expected.</p>
<p><strong>Incentives</strong></p>
<p>The VIIA provides that the Commission may introduce incentives and other support mechanisms as may be required for investments after consultation with the relevant minister responsible for any specific economic sector and with the consent of the minister responsible for finance where revenue is involved.</p>
<p>The incentives which may be introduced include the following:</p>
<ul>
<li>residency;</li>
<li>customs duty exemptions/reductions; and</li>
<li>tax reductions, including in relation to property tax and payroll tax.</li>
</ul>
<p>Investment incentives shall be available for investment projects with such minimum prescribed investment as may be determined by the Cabinet. The VIIA sets out the list of areas of economic activity that shall be eligible for investment incentives, which are as follows:</p>
<ul>
<li>tourism, research and development;</li>
<li>professional and financial services;</li>
<li>business process outsourcing;</li>
<li>fisheries research and development;</li>
<li>environmental research and development;</li>
<li>alternative energy research and development;</li>
<li>manufacturing and production;</li>
<li>agriculture research and development; and</li>
<li>international air and sea transport.</li>
</ul>
<p>The introduction of the VIIA will repeal the following legislation:</p>
<ul>
<li>The Pioneer Services and Enterprises Act;</li>
<li>The Hotel Aid Act; and</li>
<li>The Encouragement of Industries Act.</li>
</ul>
<p>The VIIA provides that any incentives granted under these Acts shall continue to apply until their expiry. </p>
<p><strong>Conclusion</strong></p>
<p>The publication of the BLA and VIIA heralds the introduction of significant change to the regulation of business licensing and investment in the BVI. We will remain engaged with the legislative process and will provide our own observations on the draft legislation to the Government. We will also publish further guidance once the legislation is introduced. In the meantime, we are available to answer any questions from existing or potential investors in the BVI to help them to ascertain what the impact of this legislation might be on their business interests.  </p>
<p style="text-align: justify;">
<p style="text-align: justify;">For more information or if you require any guidance in connection with investing in the BVI or in relation to any licence application or renewal, please <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our lawyers using the contact details below.</p>
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<p>The post <a href="https://ghpbvi.com/legal-update-bvi-government-to-introduce-new-business-licensing-and-investment-regime/">Legal update &#8211; BVI Government to introduce new business licensing and investment regime</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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		<title>Obtaining a Liquor Licence In the British Virgin Islands</title>
		<link>https://ghpbvi.com/obtaining-a-liquor-licence-in-the-british-virgin-islands/</link>
		
		<dc:creator><![CDATA[Paul Mellor]]></dc:creator>
		<pubDate>Fri, 06 Nov 2020 22:04:33 +0000</pubDate>
				<category><![CDATA[Legal Guide]]></category>
		<category><![CDATA[Legal Updates]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[News & Analysis]]></category>
		<category><![CDATA[Bar]]></category>
		<category><![CDATA[BVI]]></category>
		<category><![CDATA[BVI Business]]></category>
		<category><![CDATA[BVI Liquor Licence]]></category>
		<category><![CDATA[Hotel]]></category>
		<category><![CDATA[Liquor Licences]]></category>
		<category><![CDATA[Restaurant]]></category>
		<guid isPermaLink="false">https://ghpbvi.com/?p=1788</guid>

					<description><![CDATA[<p>In this guide, we examine the requirement for businesses in the British Virgin Islands selling alcoholic drinks to hold the required liquor licence. </p>
<p>The post <a href="https://ghpbvi.com/obtaining-a-liquor-licence-in-the-british-virgin-islands/">Obtaining a Liquor Licence In the British Virgin Islands</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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				<div class="et_pb_text_inner"><p><strong>Introduction</strong></p>
<p style="text-align: justify;">The BVI is scheduled to reopen to international visitors on 1 December 2020. With just under a month to go, business owners getting ready to reopen should check they have all necessary licences and permissions in place to allow them to operate. This is particularly the case for those businesses that may have temporarily ceased operating as a consequence of the Covid-19 related restrictions and which now need to apply for any required licences and permissions that may have expired.</p>
<p>Download a PDF of our <a href="https://ghpbvi.com/wp-content/uploads/2020/11/BVI-Legal-Guide-Liquor-Licences.pdf">Guide to Liquor Licences.</a></p>
<p><strong>Liquor Licences</strong></p>
<p style="text-align: justify;">It is timely to remind business owners that the sale of alcoholic drinks in the BVI is regulated, and businesses that sell alcoholic drinks must hold a liquor licence authorising them to do so. The type of liquor licence varies, depending on the nature of the premises that the alcoholic drinks are sold from. For example, the sale of alcoholic drinks in a restaurant requires a restaurant liquor licence, whereas the sale of alcoholic beverages in a hotel requires a hotel liquor licence. A liquor licence is also required in connection with the manufacture of alcoholic drinks. Each liquor licence is specific to the premises named in it, meaning that a resort with several different bars will require a separate liquor licence for each bar.</p>
<p style="text-align: justify;">Liquor licences are typically valid for six months and are either granted or renewed at one of two hearings that take place each year at the Magistrate’s Court. The hearings take place on 1 June and 1 December in each year, or the next working day if 1 June or 1 December falls on a weekend or public holiday.</p>
<p><strong style="font-size: 18px;">The Application Process </strong></p>
<p style="text-align: justify;">The supporting documents to be submitted as part of an application for a liquor licence vary, depending on whether the application in question is for a new liquor licence, or the renewal of an existing liquor licence. In each case, the relevant application form and supporting documents should be submitted at least two weeks prior to the relevant hearing date.</p>
<p style="text-align: justify;">Applicants for a new liquor licence should bear in mind that as part of the application process, advertisements must be placed in two consecutive publications of a newspaper published in the BVI stating the intention to sell alcoholic drinks. Copies of the advertisements must accompany the liquor licence application. Business owners that require a new liquor licence should therefore start the advertisement process soon, to ensure that the application can be submitted within the requisite timescale.</p>
<p style="text-align: justify;">For more information or if you require any assistance in connection with your business, including any queries relating to licences or permissions, please feel free to <a href="mailto:ghp@ghpbvi.com">email us</a> or reach out to one of our lawyers using the contact details below.</p>
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<p>The post <a href="https://ghpbvi.com/obtaining-a-liquor-licence-in-the-british-virgin-islands/">Obtaining a Liquor Licence In the British Virgin Islands</a> appeared first on <a href="https://ghpbvi.com">George Henry Partners</a>.</p>
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