BVI Highly Ranked in Vistra Report

In this year’s Vistra 2030 report, which is released every two years by the global corporate services company, the British Virgin Islands ranked highest among offshore financial centres, although it declined when compared to onshore jurisdictions, and achieved a rating of 2.94, down from 3.3 in the previous report in 2018.

The report is based on 620 interviews with industry experts, where they rated the importance of each jurisdiction. This year, forty-three percent of respondents expected offshore centres like the British Virgin Islands to continue declining as a result of reduction in demand for offshore financial services. The jurisdiction lost 1.1 points in this rating, since it was first ranked 10 years ago. 

However, it is noted by Vistra that the BVI has proven to be very resilient: “In the current climate, the BVI’s role as a neutral intermediary cannot be overstated. Clients can swiftly set up new BVI structures that are globally recognised and accepted for international business.. Many such clients are from emerging markets, and it can be helpful for them to use intermediary structures, particularly at a time of international tension.” According to the report, 75 per cent of HK’s Hang Seng Index consists of companies directly linked to the BVI.

The report states that “Jurisdictions such as BVI, Cayman, the Channel Islands and Bermuda will still be thriving 10 years from now.”

BVI Government Confirmed its commitment to Public Register of Beneficial Ownership

The government of the British Virgin Islands has approved the commitment to introduce public registers of beneficial ownership for BVI-incorporated companies. Andrew Fahie, the Premier and Minister of Finance of the jurisdiction, informed the House of Assembly that the government would work towards a publicly accessible register of beneficial ownership for companies.

The Premier also emphasized that the progress of this issue would be “in line with international standards and best practices as they develop globally” and would aspire to match the EU’s most recent anti-money-laundering directive. He also said: “In advancing this commitment, we will be informed at all times by global best practice at the time within a timeframe that we consider deliverable.”

According to the Foreign Office Minister for the Overseas Territories and Sustainable Development, the BVI would be adopting public registers by 2023.

BVI FSC Issued Q3 2019 Statistical Bulletin

The British Virgin Islands Financial Services Commission has published the fifty-fifth volume of Quarterly Statistical Bulletin, where provided important information on different sectors of the financial services industry on the Territory for the third quarter of 2019.

According to the statistics on the Registry of Corporate Affairs, there were 6,975 new incorporations in the reported period, which is an increase of 9.58% as compared to 6,365 Business Companies registered in Q2 2019 and a decrease of 27.15% as compared to 9,575 new BC’s in Q3 2018. As at September 30, 2019, total cumulative number of Business Companies in the British Virgin Islands was 402,234. 

In the three months ended September 30, 2019, 48 new Limited Partnerships were formed, which is a 29.73% increase as compared to the second quarter when 37 LP’s were incorporated, and a 57.89% decrease compared to 114 new Limited Partnerships registered in the third quarter of 2018. Cumulatively there were 927 Active Limited Partnerships in BVI as at 30 September 2019.

As to the information by the Intellectual Property Unit within the Registry of Corporate Affairs, total number of new applications to register a Trademark for Q3 2019 increased to 89, from 75 in Q2 2019. In Q3 2018, there were 69 applications. For the total year 2018, 225 Trademark applications were filed, compared to 221 application for the first three quarters of 2019. Also, in Q3 2019 two patents were re-registered in the Office of Trade Marks, Patents and Copyright (0 in Q2 2019, 4 in Q3 2018). 

The Quarterly Statistical Bulletin of the BVI FSC also includes information from Banking, Insolvency and Fiduciary Services, including Balance sheet for all commercial banks, which showed the small reduction of the banking sector’s total asset size, which is approximately $2.34 billion this quarter (4% less than in Q2 2019). Further statistics covers the Financial and Money Services, Fiduciary Services, Insolvency Services, Investment Business and Insurance departments, as well as Enforcement, Ongoing Supervision and International Co-operation matters.

BVI Premier Announces Revenue from Financial Services to Drop off

When addressing the House of Assembly during the budget debate, BVI Premier and Minister for Finance Andrew Fahie has said the British Virgin Islands’ revenues from the financial services sector dropped off by roughly US$30 million. He also said he had to put several projects on hold, including those in the health services, because he knew that this drop off would happen.

Meanwhile, the financial services sector was expected to see boom this year, which could be the result of the EU insisting that the territory implement the Economic Substance (Companies and Limited Partnerships) Act which makes it mandatory for offshore financial services companies to be physically present in the BVI territory. This Act was passed to remove the BVI from the EU blacklist on non-compliant jurisdictions. By words of the Director of International Business Neil Smith, due to opening physical offices the number of companies in the jurisdiction would have been reduced, but the number of persons involved in the industry was likely to triple.

2020 Budget Passed by the House of Assembly

Last week, the House of Assembly successfully passed the budget for the year 2020 with amendments. According to BVI Premier and Finance Minister, Hon. Andrew Fahie, this was the first time in many years when the budget was approved from the first time. He stated, however, that there are some challenges ahead for the BVI.

In his budget speech last month, Hon. Fahie announced a projected revenue of US$414 million, while the recurrent expenditure is set to be US$327 million. Capital expenditure is expected to be US$65 million, with US$6 million to be contributed to the funds. Also, US$14 million are planned to be used by the BVI Government for principle repayment on debt. 

The Premier also mentioned the two major economic pillars of the jurisdiction, financial services and tourism, and the challenges that should be met in these sectors. No new taxes were announced for 2020.

Premier Commented on the Impact of HK Protests on BVI Financial Services Industry

BVI Premier Andrew Fahie stated that the BVI financial services industry have had a minimal impact from the recent political protests in Hong Kong; answering the question from the Opposition in the House of Assembly, he stated that neither the financial industry itself nor the British Virgin Islands as a jurisdiction of choice were influenced significantly, due to the fact that most protests are announced ahead so that authorities and media know the potential obstacles in advance.

According to Premier, economic losses following those protests are minimal. Regarding BVI House Asia set up in HK with the purpose to promote jurisdiction’s financial services, he said that “most business entities in the financial sector have continued as usual, including BVI House Asia.” He acknowledged that the protests have created practical inconveniences locally for those working in the branch offices of BVI law firms and other corporate service providers, however, the government’s strategy will continue to be constant monitoring of the situation and any significant changes in the financial situation that could influence the usage of BVI financial services. The BVI House Asia is providing weekly updates on the situation to the International Affairs Secretariat, the Premier’s Office and BVI Finance.

China, Hong Kong and Macau invest more than 40 per cent of the US$1.5 trillion going through approximately 400,000 BVI-registered companies.

Final Economic Substance Requirements Issued by BVI International Tax Authority

The BVI International Tax Authority has finalized the regime of new economic substance rules. The new rules, effective from the beginning of 2019, are included in the Economic Substance (Companies and Limited Partnership) Act, 2018.

According to the new requirements, which are effective in the large part of the European Union, and which have been supported by OECD BEPS Inclusive Framework members, the companies tax resident in a low or no tax jurisdiction and engaged in key activities identified by the EU, in order to access the tax regimes of the territory are obliged to meet minimum substance requirements as part of their annual tax return. 

In some business sectors, activities generating income must be primarily conducted with qualified employees and operating expenditure in the jurisdiction. Among the main activities identified by the European Commission Code of Conduct Group there are banking, insurance, financing and leasing, fund management, shipping, intellectual property, and holding companies whose income is generated from any of the above activities.

For each of the core activities standards vary to reflect the different needs of the companies involved, and are to ensure that there are sufficient activities undertaken in the relevant jurisdiction to reflect the amount of profits accounted there. The substance requirements will include being able to demonstrate that the company is directed and managed from the relevant jurisdiction, has physical office and sufficient level of employees and annual expenditure.

Bank of Asia (BVI) Started Full Online Operations

Bank of Asia (BVI) Limited started full operations in September 2019, and is actively accepting clients. Its customers can complete the account application procedure online through their website. Now customers can establish their accounts by following instructions, and even upload certified documents 24/7. Banking services are provided online through digital platform.

Bank of Asia is one of the first fully digital global banks and the first bank in BVI to be licensed in more than 20 years. It has built its platform with the latest technologies, reducing transaction time and expense. The bank focuses of various types of deposits, including saving deposits, current deposits, time deposits, and remittance services. Prepaid cards and debit cards are expected to be introduced by the Bank. 

Chairman and Founder of Bank of Asia commented: “FinTech is the future. The British Virgin Islands, which is the world’s leading offshore jurisdiction, is home to Bank of Asia. We are proud to be the first bank to be licensed by the BVI in more than two decades and we are offering smart financial and lifestyle services to customers using innovative technology, products and better customer service globally.”

New Volume of Statistical Bulletin Published by the Commission

The BVI Financial Services Commission has issued the fifty-fourth volume of its Statistical Quarterly Bulletin, providing information about the financial services activities in the jurisdiction in the first quarter of 2019.

According to the Registry of Corporate Affairs, 7,214 new companies were incorporated in BVI in the first quarter of the year, which is 19.09% decrease compared to 8,916 in the fourth quarter of 2018 and 26.37% decrease compared to 9,798 in the first quarter of 2018. Total cumulative number of registered BCs as at 31 March 2019 was 408,838. Also, in the first quarter of 2019 there were 12 new Private Trust Companies, 1 Segregated Portfolio Company, 1 Foreign Company registered, along with 80 continuations. 

There were 56 new Limited Partnerships (LPs) formed in Q1 2019, which is a 80.65% increase when compared to 31 formed Q1 2018, and a 51.35% increase in the number of LPs formed in Q1 2019 when compared to 37 LPs formed in Q4 2018. Total cumulative number of active Limited Partnerships was 977 as at 31st March 2019.

In the first quarter of 2019, there were 57 new applications to register new Trade Mark, which is an increase by 21.28% when compared to Q1 2018, and a decrease by 1.72% when compared to Q4 2018. According to Banking, Insolvency and Fiduciary Services statistics, there were 6 new General Banking Licences and 1 Restricted Class 1 Banking Licence issued in the first quarter of 2019. The banking sector’s total asset size in this quarter at approximately US$2.43 billion is comparable to Q4 2018’s performance of US$2.37 billion. 

International Cooperation statistics records the number of incoming and outgoing requests for information, classified as formal or informal. In the first quarter of 2019, there were 15 formal and 5 informal incoming and no outgoing requests. Further information and statistics is available at the website of the Financial Services Commission.

New Media Release on Financial Services Business Issued by BVI Finance

BVI Finance has reported the considerable increase in the quantity and quality of business in the financial services sector of the territory in 2018. Besides the highest level of overall new incorporations in three years, there was an increase in the number of higher-end limited partnerships; BVI keeps its leading position in mergers and acquisitions, public listings, and innovative areas such as Initial Coin Offerings.

Chief Executive Officer of BVI Finance Elise Donovan stated in the media release: “More than 400,000 organisations recognise that our strong legal system, business-friendly laws and world-class corporate services sector means we are an indispensable hub for global trade… We are delighted to see that 2018 was a strong year for incorporations as more businesses and individuals chose to take advantage of the strategic and administrative benefits that our global financial centre offers. The noted increase in the quality business happening on-island is a reflection of the type of businesses and professionals making the BVI stronger.”

The release mentioned recent activity of the BVI-based law firms which added to the strength of territory’s financial sector: law firm Ogier provided a counsel on a US$350mln biopharmaceutical merger, Appleby acted as advisers on a private token sale, raising about US$1bln, and earlier in 2018 Harneys represented an Information Technology services provider on a US$2bln merger acquisition. The last transaction is a new BVI record for the largest takeover of a publicly-listed BVI company by transaction value.

BVI FSC Issued Statistical Bulletin for Q3 2018

Last week the British Virgin Islands Financial Services Commission has published the fifty-second volume of Quarterly Statistical Bulletin, where provided analysis and statistics on the financial services industry in the third quarter of 2018.

According to the information provided by the Registry of Corporate Affairs, which is responsible for maintaining the required Registers of Companies, in the three months ended on September 30, 2019 there were 9,575 Business Companies incorporated in the jurisdiction, which is an increase as compared to 9,126 BC’s registered in the second quarter of 2018, and a 25.34% increase compared to 7,639 companies incorporated in the third quarter of 2017. Total number of BCs on the BVI Register as at 30 Sept 2018 was 422,594. 99.86% of Business Companies registered in the BVI are Companies Limited by Shares.

There were 114 new Limited Partnerships formed in Q3 2019 - compared to 38 in the previous quarter of 2018 and 23 in the third quarter of 2017. As at 30 September there were 917 active Limited Partnerships as a result of the steady increase of their number. 

In Banking, Insolvency and Fiduciary services, there was 1 Restricted Banking License and 6 General Banking Licenses issued in the third quarter of 2018. Total Deposits rose by US$467,284 (27.92%) in Q3 2018 when compared to total deposits in Q3 2017 and by US$119,544(5.91%) when compared to Q2 2018. For BVI licensed commercial banks, net interest income was US$68,648 - this is 4.81% increase when compared to Q3 2017, and 46.97% increase when compared to Q2 2018. Also, in Q3 2018 3 new Investment Business Licences were issued, making total number to reach 411 at 30 September 2018.

According to the statistics of the Enforcement Committee, there were 53 enforcement actions levied; 1 administrative penalty, 4 public statement, 1 licence revocation and 2 strongly worded letters against licensees. More information and details can be found on the home page of the Financial Services Commission.

UK Government Extending Deadline for Public Registers in BVI

The UK government has given its Overseas Territories including the British Virgin Islands an allowance to continue without implementing the public registers of company beneficial ownership until the year 2023. In fact this is a 3 year extension to the initial deadline set by the United Kingdom in its Sanctions and Anti-Money Laundering Act, which was forcing to implement public registers by the year 2020.

UK Minister responsible for OTs, Lord Tariq Ahmad, gave his comments about the deadline extension: “It is our intention that if by 2020 there is no public register, for whatever territory, we will then issue an Order in Council, which will then have a requirement for an operational public register by 2023.” By his words, the 2023 deadline will give the UK time to advance its mission of making public registers become a global standard. 

The public registers mean that the BVI along with other Overseas Territories will be required to disclose the names of beneficial owners of offshore companies registered in the jurisdictions. The BVI is objecting the implementation of public registers before they become a global standard, as it would place the territory in a disadvantageous position to other countries providing financial services.

Director for Overseas Territories Paying Visit to BVI

The director for Overseas Territories in Britain’s Foreign and Commonwealth Office Ben Merrick made a four day visit to the British Virgin Islands, during which he was focusing on governance, financial services of the territory, and the post-hurricane recovery. He was talking with the BVI Premier and Minister of Finance Dr Orlando Smith, the Cabinet, the leader of the opposition and representatives of the financial services industry.

One of the main purposes of the visit is to evaluate the influence of financial and technical support from the UK to the BVI after hurricanes, and to discuss further funding and loan guarantees for BVI recovery and development. Government departments and agencies visited by Merrick include the Royal Virgin Islands Police Force, the Department of Disaster Management, the BVI Ports Authority, the BVI Airports Authority and the Recovery and Development Agency.

BVI Offshore Law Firm Launched New York City Office

O-Neal Webster, full-service law firm headquartered in Tortola, BVI, in October announced its expansion to New York City, New York. It became the first BVI law firm to establish physical presence in the city; it also has an office in London, UK.

The newly established office in NY is headed by Kerry Anderson, former O’Neal Webster Managing Partner and the head of law firm’s Investment Funds and Regulatory Department. The office will provide advice on BVI law in investment funds and finance, corporate and commercial, property, business, trusts and estates, insolvency and restructuring. By words of the head of NY office, seminars and events will be regularly hosted there, to highlight the benefits of doing business with and in the BVI, the world’s leading jurisdiction for company incorporations.

The office will serve both US and global clients; US client base of the BVI firm includes major law and accounting firms, fund managers, family offices and many others.

BVI Finance Executive Director Lorna G. Smith commented: “O’Neal Webster’s opening of an office in New York, the global hub of international finance, is a significant milestone for the firm and the entire BVI jurisdiction… For the first time, clients will receive advice on BVI funds and private client activities directly within the U.S., thereby facilitating the speed and effectiveness for entering global capital markets. We are very proud of our member firm’s accomplishment.” 

BVI Provides Visa Exemption Policy for Chinese Nationals

Chinese nationals received the right to enter and remain in the British Virgin Islands without the need for a visa, for business and tourism only, for a period of less than 6 months. This continues the BVI visa exemption policy which went into effect on September 1, 2016, and through which foreign nationals, including Chinese people, were allowed to enter the jurisdiction without BVI visa if they held the UK, U.S. or Canadian visa.

The BVI government believes that the visa exemption will help with the country’s global marketability in tourism and financial services sector. Chinese nationals will have the right to visit the BVI for business matters related to the BVI incorporated companies, as well as litigations in the BVI courts. 

China is currently the largest tourism source market in the world, and the second largest economy. It has been the largest trading partner of the British Virgin Islands for more than 25 years. Chinese and Hong Kong companies comprise 41% of the US$1.5 trillion of assets going through the BVI.

BVI Premier on a Mission to Asia to Promote BVI Financial Services

From June 2 to 17, BVI Premier and Minister of Finance Orlando Smith was leading a delegation to a number of cities in Asia, to host mini-conferences to promote traditional and new business and financial services products of the British Virgin Islands. During his visit, he had meetings with main government and industry professionals in the Asian region.

During one of the conferences held on June 12, among the topics discussed there were BVI Advantage, the opening of Bank of Asia in BVI, new BVI products such as Micro Business Companies Act, Limited Partnership Act. This conference was attended by more than 100 practitioners from BVI and China private sector. 

The Premier commented on other meetings held: “I am pleased that we have also had productive meetings with the Ministry of Foreign Affairs, Ministry of Commerce and the China Friendship Association, all of whom welcomed the several developments in the BVI that will further the economic relationship between BVI and China.”

BVI Premier and Opposition Speak about UK Amendments

After the discussions with the UK parliamentarians concerning the controversial amendments to the Sanctions and Anti-Money Laundering Bill, BVI Premier Dr Orlando Smith made the statement where he said: “Be in no doubt, that if the UK Parliament proceeds with seeking to impose public registers on the British Virgin Islands, this could fundamentally alter our relationship with the UK and we will take all necessary steps to protect our constitutional rights.”

In his turn, the Opposition Leader Andrew Fahie agreed that this is a “constitutional overreach”, and said that the Opposition and Premier “stand united on protecting the constitutional rights of the British Virgin Islands.” 

The UK amendments impose the requirement for its Overseas Territories including the British Virgin Islands to make public the names of beneficial owners of offshore companies incorporated in the jurisdictions. This could bring harm to the financial services sector which is so important to the BVI, comprising about 60 percent of its annual revenue.

In another press release, the BVI Premier noted that the BVI will not impose public registers unless they are a global standard.

BVI FSC Issued Financial Services Statistics for Q4 2017

The BVI Financial Services Commission has issued the forty-ninth volume of Quarterly Statistical Bulletin, providing information and analysis of financial services activities in the BVI in the fourth quarter of 2017. In this period, according to the Registry of Corporate Affairs the number of new company incorporations was 8,538 - an increase as compared to the third quarter of 2017 and also the fourth quarter of 2016. Cumulative number of companies as at 31 December 2017 was 389,459. The number of newly registered Private Trust Companies and Limited Partnerships also was higher in the reported period than in the previous quarter of the year, and their cumulative number was 1,089 and 812, respectively. Total number of BVI Business Companies registered in year 2017 was 32,493, which is an increase after the minimum of the previous year.

In Investment Business, there was also an increase in the last quarter of the year, with 30 total funds registered after 11 in the third quarter and 18 in the fourth quarter of 2016. Cumulative number of funds made 1,499 as at 31 December 2017. Total number of Insolvency Practitioners remained the same as in Q3 2017, as well as the total number of Licensed Insurers and Functionaries. 

In the sphere of International Co-operation, there were 18 Formal Incoming requests and 62 Enforcement Matters in the reported period, which is less than in the previous quarter of the year. Also, in Q4 2017 there were 111 ongoing supervision matters referred to the Licensing and Supervisory Committee and related to Banking, Insolvency and Fiduciary services, 50 related to Investment Business, and 19 related to Insurance.

BVI and EU co-chair Meeting to Discuss EU Tax List Issues

BVI and European Commission co-chaired the meeting of financial services partnership working party which was held in Belgium between the EU and a number of Overseas Countries and Territories. During the meeting, the EU list of non-cooperative jurisdictions for tax purposes was discussed. From OCT jurisdictions, there were representatives of Aruba, British Virgin Islands, Cayman Islands, Turks and Caicos Islands and some others, from EU, there were the officials from the Directorate General for Tax and Customs Union and Directorate General for International Development and Cooperation. 

Beside the listing process and ongoing procedures, the participants of the meeting also discussed beneficial ownership developments in the EU and OCTs and EU approach to taxation in the digital economy sector. 

BVI London Office director and UK and EU representative Benito Wheatley co-chaired the meeting on behalf of the BVI, and currently is co-chairing the OCT/EU financial services partnership working party. He said in his comments: “It is critical that the EU and OCTs maintain dialogue on tax and other financial services issues to gain a greater understanding of any concerns.”

BVI Finance Hosting Expo for Job Seekers in Financial Services

This week, BVI Finance is hosting a Financial Services Opportunities Expo to give the possibility for job seekers to join the financial services industry of the jurisdiction. More than 75 job seekers are already considered to be hired. BVI Finance has said in the media release that participants will have opportunities to speak directly with financial services firms and be interviewed for available positions. Also, they can attend breakout sessions surrounding professional development in the financial industry, and participate in feedback sessions.

According to BVI Finance, “The Expo aims to help the islands rebuild by facilitating gainful employment. This initiative is from the Committee to Revitalize Financial Services of the Virgin Islands that was established last year. Later this year, similar expos will be planned for the tourism and general business industries.”