Category Archives: Articles

EU Upgrades BVI to Whitelist Status

BVI government welcomes whitelist status announcement. Blacklist expands to include 12 jurisdictions. On 18 February 2020, EU Finance Ministers updated the EU list of non-cooperative tax jurisdictions, upgrading the British Virgin Islands to whitelist status, which designates the country as a fully … Read more

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New Regime for BVI Closed-End Funds Brings Major Changes

The British Virgin Islands government recently passed new legislation affecting the funds industry. In particular, the new BVI Securities and Investment Business (Amendment) Act, 2019 institutes a supervisory regime for closed-ended funds, with the following major changes. Most closed-ended funds will … Read more

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Revisiting and Resisting Freezing Orders

Freezing orders are one of the most important weapons in a court’s arsenal to prevent parties from disposing of or dissipating assets to ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is … Read more

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Benefits of a BVI Trademark:

Classification of goods and services in protecting particular brands in the British Virgin Islands As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable … Read more

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Set Sail with O’Neal Webster

How to Register your Vessel with the Virgin Islands Shipping Registry Registering a vessel in the British Virgin Islands with O’Neal Webster is easy as 1, 2, 3…set sail! With an admiralty practice that spans over 25 years, we can … Read more

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MITIGATING BVI BUSINESS COMPANY DISRUPTION

Structure your BVI company shareholding to eliminate or reduce delays associated with probate Ease of operation and flexibility are two of the most attractive features of a BVI business company (BVIBC). However, the death of a shareholder can cause disruption … Read more

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BVI Funds – A Smart Bet in Uncertain Times

By Kerry Anderson and Christopher Simpson News outlets, including The Guardian and CNBC, were reporting and market watchers were opining in early 2019 that a slowing world economy forebodes a major global economic shift—possibly another recession. By mid-August, the concern … Read more

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The Substantive Issue of Economic Substance: A BVI perspective

By Christopher Simpson, O’Neal Webster The issue of economic substance is not a new one. More and more, modern companies coupled with new technology and trading practices challenge the notion of “economic substance” for value creation in the traditional sense … Read more

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BVI ITA Releases Economic Substance Rules

The International Tax Authority (ITA) in the British Virgin Islands (BVI) has now released the Rules on Economic Substance (the Rules) which provides guidance on the interpretation of provisions under the Economic Substance (Companies and Limited Partnerships), 2018 (the Act).  … Read more

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Sailing Into the Headwinds of an Evolving World Economy

The world economy continues to grow, not only in complexity but in competitiveness. Although the British Virgin Islands is recognized as a significant contributor to global wealth, the country continues to face headwinds in the race to keep pace with evolving trends … Read more

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Global Implications for Offshore Financial Centers and Companies in the Wake of EU Economic Substance Requirements

The passage of the EU’s economic substance legislation for most offshore financial jurisdictions has ushered in challenging new criteria. Writing for Trusts & Trustees, the leading international journal on trust law and practice and the official journal of the International Academy … Read more

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Guide to Trust Law & Trustees Services in the BVI

In addition to being the world’s leading international finance centre in which to set up companies, the British Virgin Islands (BVI) is now regarded as one of the world’s premier trust jurisdictions. The general principles of the trust laws of … Read more

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Navigating the British Virgin Island’s Economic Substance (Companies and Limited Partnerships) Act, 2018

By Kerry Anderson, Partner, Head of Funds & Regulatory Department The European Union continues to push out new rules aimed at offshore financial centers. Specifically, the Code of Conduct Group (CCG) within the EU’s Economic and Financial Affairs (ECOFIN) Council … Read more

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Interview with Vanessa King

Legal 500’s recently launched magazine, fivehundred, interviewed O’Neal Webster Managing Partner Vanessa King for the April 2019 edition, talking about talent retention, EU blacklisting, launching a New York office, building a thriving law firm team, and the difficulties of having … Read more

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Buying a BVI Property? Secure a Mortgage with Vendor Financing

Thinking of buying or selling a home in the British Virgin Islands? Securing a mortgage for a property in the BVI can be time-consuming and difficult for foreign purchasers. Many find that their home bank is unwilling to extend credit … Read more

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Thinking of Buying or Selling a BVI Property? Here’s what you need to know.

Thinking of buying a home in the British Virgin Islands? What an exciting prospect—beautiful beaches, year-round warm weather, dramatic views, gorgeous sunsets, exceptionally clear Caribbean waters, and breezes that make for some of the best sailing on Earth! However, before … Read more

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BVI MOVES FORWARD WITH RENEWABLE ENERGY

Opportunities for Residents and Investors In November 2018, the BVI brought into force Renewable Energy Regulations made under a 2015 amendment to the British Virgin Islands Electricity Corporation Act. The BVI is well positioned to generate several forms of renewable … Read more

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Top Ten Questions When Entering Into a BVI Joint Venture

The British Virgin Islands is an ideal home jurisdiction for establishing joint ventures because of the variety of structures available under its laws. The Territory is known for a relentless pursuit of refining and advancing its financial services legal structures … Read more

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BVI Companies and their Registered Agents: A critical relationship

A sometimes overlooked, yet critical, aspect of a British Virgin Islands (BVI) company is the role of its registered agent. Only a registered agent can incorporate a BVI company, and they are essential in its ongoing maintenance. Registered agents are … Read more

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Privy Council Hands Down Judgment in BVI Shareholder Rights

The Privy Council has recently handed down the judgment in Staray Capital Limited and another v Cha Yang [2017] UKPC 43, concerning the circumstances in which majority shareholder decisions to amend the Memorandum & Articles of Association (M&A) of a British … Read more

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