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Privy Council clarifies power to rectify share registers of BVI companies
  • Harney Westwood & Riegels
  • British Virgin Islands
  • May 21 2015

On January 21 2015 the Privy Council handed down its decision in Nilon Limited v Royal Westminster Investments SA (2015 UKPC 2), clarifying the


Exercise of discretion to wind up company not "head-counting exercise"
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 24 2016

Although the wishes of the majority of creditors (whether in number or by value) is an important factor in many decisions made in insolvency


Asset tracing in the British Virgin Islands
  • Harney Westwood & Riegels
  • British Virgin Islands
  • July 9 2015

A company incorporated in the British Virgin Islands is required to maintain certain records at the office of its registered agent (eg, its


Derivatives, double derivatives and unfair prejudice
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 7 2013

N a recent decision concerning Sections 184C and D of the BVI Business Companies Act 2004, Microsoft made an application for leave under Section 184C


Alfa v Cukurova,Part VII
  • Harney Westwood & Riegels
  • British Virgin Islands
  • February 5 2013

Like a low budget horror film, the Alfa v Cukurova litigation seems to have an inexhaustible supply of sequels. However, beyond a propensity for


“Stand alone” injunctions
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 26 2010

In the recent case of Black Swan Investment I.S.A. v Harvest View Limited the BVI High Court held that it was within its discretion to grant a “stand alone” freezing injunction in support of foreign proceedings


Restoration of a BVI company following dissolution for the Asian market
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 22 2011

The BVI company has enjoyed immense popularity and success in Asia as the offshore company of choice and enjoys an unrivalled reputation for cost effectiveness, flexibility, investor familiarity, ease of incorporation and low costs of maintenance


Liquidators’ fees and the setting aside of a winding up order: who pays?
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 22 2011

The recent decision in Pacific China Holdings Limited v Grand Pacific Holdings Limited, BVIHCV 2009389 sets out the view of the BVI Commercial Court as to who, if anyone, should be responsible for the remuneration of liquidators where a liquidation order is set aside on appeal


Applications for rectification of registers of members under section 43 of the BVI Business Companies Act 2004
  • Harney Westwood & Riegels
  • British Virgin Islands
  • March 22 2011

In Royal Westminster Investments S.A. and others v Nilon Limited and another, BVIHCV 2010039, Bannister J. in the BVI High Court Commercial Division conclusively addressed the issue of whether and when it is appropriate to bring an application for the rectification of a company’s register of members under section 43 of the BVI Business Companies Act 2004 (the “BC Act”), a question whose answer has been in doubt for some time in the BVI


Insolvency position clarified in the BVI
  • Harney Westwood & Riegels
  • British Virgin Islands
  • April 4 2011

On Friday 1 April, the Court of Appeal handed down its much awaited written judgment in Westford Special Situations Fund Limited v Barfield Nominees et al