The British Virgin Islands (BVI) is the world’s second largest investment funds domicile. The primary legislation in which regulates the investment funds in BVI is the Securities and Investment Business Act, 2010(SIBA).
There are two types of funds, which are open-ended funds and close-ended funds respectively. Investors of the open-ended funds have the right to redeem their fund interests on demand in accordance with the fund documents, while investors of the close-ended funds do not have right to redeem or withdraw their fund interests on demand in accordance with the fund documents.
There are five types of open-ended funds and one closed-ended fund in BVI. The open-ended funds shall be registered with and approved by Financial Services Commission (FSC), while the closed-ended funds shall be recognized by FSC as private investment funds (PIFs).
The definition of each type of open-ended funds is as follows:
Restrictions
Incubator Fund
Approved Fund
Private Fund
Professional Fund
Public Fund
Maximum Net Assets
$20,000,000
$100,000,000
No limit
No limit
No limit
Minimum Investment
$20,000
No minimum
No minimum
$100,000
No limit
Maximum No. of Investors
20
20
50
No limit
No limit
Life of Fund
2 years but can be
extended by one further year
unlimited
unlimited
unlimited
unlimited
The requirements for PIF recognition are similar to those of professional and private BVI funds. As such, a PIF comes in three types :
a PIF limited to only 50 investors;
a PIF that is limited to marketing investment in the fund on a private basis; and
a fund whose investors are limited to professional investors, i.e., persons whose net worth is at least US $1M, and certain institutional investors.
The FSC requires a fund wishing to be recognized, registered or approved to submit an application which must include evidence of the fund’s status together with details of each of the fund’s functionaries (being the investment manager, administrator, custodian and auditor) or appointed persons, as applicable.
Disclaimer
All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.
The British Virgin Islands (BVI) is the world’s second largest investment funds domicile. The primary legislation in which regulates the investment funds in BVI is the Securities and Investment Business Act, 2010(SIBA).Investors of the open-ended funds have the right to redeem their fund interests on demand in accordance with the fund documents, while investors of the close-ended funds do not have right to redeem or withdraw their fund interests on demand in accordance with the fund documents.
Key requirement under the new ACT that BVI companies are now required to provide certain financial information in the Annual Return to the Registered Agent annually. BVI Business Companies (Financial Return) Order 2023 (the “ORDER”) has been released recently list out the requirements about form and date of filing.
A British Virgin Islands company is required to renew its registration, registered agent and registered office in the year following the year of registration and each year thereafter (all together known as basic annual renewal). The amounts of basic annual renewal fees are USD950 and USD1,850 for companies with a capital of 50,000 shares and more than 50,000 share respectively.
If your company is a tax resident outside of the BVI (except for jurisdictions included in the EU list of non-cooperative jurisdictions), the economic substance requirements do not apply to your company. To prove the non-resident status in BVI, the government of the BVI may require you to provide the satisfactory evidence such as Tax Identification Number, Tax Residence Certificate and assessment or payment of a tax liability, etc.