We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
11 December 2012
The BVI Company Registry is the only major source of publicly available information and records, other than by recourse to litigation. However, a search of the public register is likely to reveal only the following:
A search will not normally reveal the names of the shareholders or details of assets.
Although confidentiality in BVI companies is still paramount, in limited circumstances court actions under the principle set out in Norwich Pharmacal v Customs and Excise Commissioners ( AC 133 (House of Lords)) can be successfully brought before an action against third parties to identify, for example, the shareholders of BVI companies. Given the British Vigrin Islands' success in incorporating business companies (over 800,000 at present), this is usually in the form of an application against trust companies and registered agents where the wrongdoer is a company.
Under traditional Norwich Pharmacal principles, the court will normally require the following:
The following factors apply in the British Virgin Islands:
Although rare, the BVI courts have demonstrated their willingness to recognise Norwich Pharmacal relief as a flexible and adaptable remedy. Recent cases have led to relief in areas as diverse as the following:
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.