Inteliumlaw

Company Formation in BVI

Inteliumlaw » Business registration abroad » Company Formation in BVI

For decades, companies wanting an advantageous business environment have turned to the stunning shores of the Caribbean. Those in the gambling industry look to Curaçao, while international businesses have trended towards other offshores in recent years. For offshore business ventures and world-class financial services, though, you’ll want to get a company setup in BVI.

The British Virgin Islands are so famed for their offshore financial services that over half of the government’s revenue comes from company license fees – even with those fees widely considered to be low. Under the BVI Business Companies Act, company formation in BVI is both efficient and advantageous. Here’s what you need to know to capitalize on this opportunity.

Benefits of a Company Setup in BVI

A well-known tax haven, there are many benefits to having a company setup in BVI. The territory has streamlined the process of company setup and has established world-class infrastructure to support the businesses that choose to call the idyllic islands home. These are the main advantages that a company setup in BVI can look forward to.

  • Tax Optimization and Exemptions: The owners of a company setup in BVI can look forward to not paying any capital gains tax, income tax, corporation tax, or inheritance tax. As well as this, you’ll be exempt from local stamp duty and local taxes. It’s one of the many advantages that have made BVI a haven for offshore businesses.
  • Foreigner-Friendly and Non-Resident Flexibility: Non-residents can be company owners and managers without a BVI resident being on the books, thanks to a registration process that’s devoid of nationality barriers. You can also distribute the benefits or profits freely among the company’s members.
  • Versatile Business Environment: To encourage more entrepreneurs to have a company setup in BVI, the territory has invested in building up complimentary infrastructure, as shown by its world-class banking, IT, and insurance sectors, which a BVI-registered company can freely engage with.
  • Convenient and Easy Compliance: The process of getting a company in the British Virgin Islands doesn’t require you to be in the territory as it can be completed remotely – and it only takes 48 hours to get up and running! Once you have a company setup in BVI, compliance is comparatively easy as there isn’t a need to submit many annual reports.
  • Confidentiality Assurance: BVI is home to some particularly stringent privacy laws, so you can rest assured that your identity and the identities of your company founders and beneficiaries are very well safeguarded. You can even make the most of its nominee services for additional privacy and flexibility.
  • Cost-Effective and Minimal Requirements: To secure your company setup in BVI, you only need one director and one shareholder for most company types. It makes the process streamlined, with the low setup costs and annual fees further enhancing the efficiency and cost-effective nature of choosing BVI for your company.
  • Robust Legal Framework: The British Virgin Islands boast a robust legal framework that can be relied on to protect assets and facilitate business operations seamlessly. Further, it’s a politically and economically stable territory that focuses on being appealing to overseas entrepreneurs for business growth.

Types of Company Registration in BVI

There are a few key types of corporate structures that the process of company registration in BVI will direct you towards. The three main types are the BVI Business Companies, Limited Partnerships, and Micro Business Companies, but there’s also the option to expand into opening one of the Virgin Islands Special Trusts (VISTA).

  • BVI Business Companies: The most popular of the types of company registration in BVI, a BVI Business Company (BVIBC) is world-renowned for its simple setup and flexibility for going about a huge range of commercial activities. Within this bracket, you can form a company limited by shares, limited by guarantee with or without shares issued, or an unlimited company that may or may not issue shares. All BVIBCs require a registered office and agent in the BVI that keeps the memorandum and articles of association, register of members, and all documents filed by the company.
    • Virgin Islands Special Trusts: These VISTAs are the custodians of shares for BVIBCs and let you tap into what’s hailed as invaluable benefits in asset protection and estate planning. Governed by the Virgin Islands Special Trusts Act, they are purely for holding BVIBC shares.
  • Limited Partnerships: These kinds of companies give partners who are seeking to embark on a business venture together a shield of liability. Similarly to the BVIBCs, an entity that has completed its company registration in BVI as a limited partnership needs to maintain a registered agent and office within the territory.
  • Micro Business Companies: This kind of company registration in BVI is perfect for burgeoning enterprises – like small businesses and startups – as the compliance requirements have been streamlined. The trade-off is that the Micro Business Company can only stay as such up to a set size, and it’s limited to transactions that are specifically connected to the company’s stated purpose.

For all of these types of company registration in BVI, it’s best to connect to one of the architects of the BVI corporate domain: the Trust and Corporate Services Providers (TCSP). When it comes to business registration abroad, BVI offers one of the most streamlined passages, but these TCSPs make the process even more seamless.

The Steps to Company Formation BVI Requires

The steps to company formation BVI requires are relatively minimal, and you’ll find the process to be welcomingly streamlined. Here’s what you can expect:

  • Name the Company: The first part of a company formation BVI recognizes is picking a suitable name that abides by the BVI’s regulatory guidelines.
  • Draft Company Documents: Next, you’ll need to draft all of the company’s essential documents, including director appointments, shareholder agreements, and the memorandum and articles of association to ensure the compliance of company formation BVI requires.
  • Appoint a Registered Agent: One of the core elements of the company formation BVI requirements list is to have a BVI-registered agent appointed. They facilitate communications between your company and the regulatory authorities. While a necessity, having a registered agent in the company will certainly help with compliance and the navigation of legal intricacies.
  • Obtain Relevant Licenses: Some business activities require you to obtain a license if they’re to be performed within the jurisdiction of the British Virgin Islands.

Depending on the company type selected, the BVI may have more requirements. For a BVIBC with shares, for example, there’s an authorized share capital set at around 50,000 shares valued at US$1 each. You may also need to offer proof of a physical address, a bank reference letter, a certified ID, and details of your legal or tax advisor.

Company Setup BVI: How We Can Help You Tick the Boxes

Here at InteliumLaw, we specialize in setting up companies overseas, helping clients to perfect international structuring, and obtaining gaming licenses and crypto licenses. Whatever kind of company setup BVI has that suits you, we’ll be able to help you get registered and remain compliant.

On your path to registration, we can assist in the company formation, acquiring licenses, opening bank accounts, providing nominee services, and give you ongoing advisory support. If you want your BVI company formation journey to be as straightforward as possible, drop us a message and see how we can help.

Leave Us A Message

And we wil get back to you

FAQ

How long does it take to register a company in BVI?

BVI company registration typically takes no longer than a week. Further, opening an account may take up to a month.

How to check if a company is officially registered in the BVI?

To check BVI company formation, you can access information from the BVI Commercial Registry. This includes details such as the company's registration number, registered office, incorporation date, status, and authorized capital. A small fee is required for each search, and various payment methods are available

What documents are required for BVI Company Formation?

For BVI company formation, you'll need to provide for all directors and shareholders:

  • Utility bill
  • Professional or Bank Reference Letter
  • Certified Copy of a passport

What are the annual renewal requirements for BVI companies?

For BVI companies incorporated in or before June, renewal is necessary by May 31st annually to maintain legal status and recognition. Those incorporated from July to December can renew before November 30th each year. Failure to pay renewal fees can result in loss of good standing, along with severe late penalties and legal repercussions.

Is there an official registry for companies in the BVI?

Yes, the BVI has an official registry known as the BVI Commercial Registry.

Can I operate my business internationally with a BVI company?

Yes, you can operate your business internationally with a BVI company. BVI companies are commonly used for international business activities due to their favorable tax environment, flexible regulations, and global recognition. With a BVI company, you can engage in various international transactions, conduct business in different jurisdictions, and benefit from the ease of doing business on a global scale.

Do BVI Companies have to compile financial statements?

Yes, BVI companies are obligated to prepare and submit financial statements annually through their BVI formation agents.

The annual financial statement, typically comprising an income statement and balance sheet, needs to be completed based on the company's financial records.

This annual return, usually a concise one-page document, must be lodged with the BVI registered agent within nine months of the company's financial year-end. For instance, if a company's financial year concludes on December 31st, its annual return should be submitted by September 30th of the subsequent year.

Failure to fulfill this requirement is considered an offense and may lead to legal consequences or fines.

Can a foreigner set up a company in the BVI?

Certainly, foreigners can establish a company in the British Virgin Islands (BVI). BVI company formation regulations allow individuals from any nationality to set up and own companies in the jurisdiction without any residency requirements. This flexibility contributes to the popularity of BVI companies among international investors and entrepreneurs seeking to operate businesses offshore.

Does a BVI company need a legally registered office and a registered agent?

Yes, according to BVI company formation regulations, every BVI company must have a registered office and a registered agent within the territory. The registered office serves as the official address of the company in the BVI, while the registered agent acts as a liaison between the company and the local authorities. Having a legally registered office and agent is mandatory to ensure compliance with BVI company laws and regulations

Are audits mandatory for BVI companies?

While audits are not mandatory for BVI companies, they are required to submit an annual return to their BVI registered agent. However, certain exemptions apply, allowing some companies to forego filing an annual return. These exemptions include companies listed on a stock exchange, those regulated under BVI financial services legislation, entities submitting financial statements and annual tax returns to the BVI Inland Revenue Department, and companies undergoing liquidation, provided the annual return deadline falls before the commencement of the liquidation process.

Other services

Leave a request for a service

The accumulated experience and tracking of future changes in this area allow us to be proactive
for our clients and develop the most adapted business structures to modern conditions.

By submitting this form, you hereby authorize Inteliumlaw to process your information for the purpose of addressing your inquiry. You retain the right to revoke this consent at any point. For further details, please review our Privacy Policy.

LEAVE A REQUEST FOR A SERVICE

The accumulated experience and tracking of future changes in this area allow us to be proactive
for our clients and develop the most adapted business structures to modern conditions.

By submitting this form, you hereby authorize Inteliumlaw to process your information for the purpose of addressing your inquiry. You retain the right to revoke this consent at any point. For further details, please review our Privacy Policy.