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The role of a chargee in a BVI company
Episode 412th May 2021 • Practically Speaking • Harneys
00:00:00 00:13:47

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Key takeaways

  • A chargee is someone who has the benefit of security that has been granted by a BVI company
  • Numerous features make using a BVI company attractive to lenders for structuring finance transactions including:
  • Clear and simple registration process
  • Robust insolvency legislative regime providing protection – very similar to UK law
  • The ability for companies to provide financial assistance to those acquiring their shares
  • The validity and effectiveness of any security document that a BVI company enters into is determined by the governing law of the particular document
  • There are two registration regimes to consider:
  • Mandatory registration – private registration at the companies registered office, on the register of charges maintained by the registered agent
  • Public registration (optional) – where filings are made with the Registrar of Corporate Affairs in the BVI and which confers priority over any privately registered or any unregistered charge
  • Notations included in the register of members of a BVI company whose shares have been charged by way of security, provide notice of the security for those dealing with the company
  • Notice of variation or cessation of a charge can also be filed in the BVI, the variation and release of the underlying charge will be determined by the law of the charge not the filing process