In this episode, Transactional Partner Rachel Graham discusses the role of a chargee in relation to a BVI company.
- 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
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