BVI agent bulls**t

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So, in case anyone here is interested, it looks like the BVI gov has specified‌ lump sum penalties per month, and in the first month it would have been $300‍ (plus $50 filing fee), in the second month $500, etc. Weirdly enough, the agent tells⁠ me it's $350 for me, even though we're in the second month now... So now⁤ I need to ask again why that is. I hate having to pull the answers⁣ out of them like this.
 
Below is some info my previous registered agent gave me. I actually just redomiciled my‌ company to Seychelles from BVI due these and other changes in BVI. If you're not‍ using the structure I would let it be struck from the register and walk away.⁠ You also don't need to incorporate in a new jurisdiction until such time as you⁤ need the entity as you'll be incurring yearly fees unnecessarily. Incorporating in most jurisdictions can⁣ be done quite fast when you need it in future.

3.1 Allowing a company to⁢ be struck off the Register: an option which is sometimes used as an alternative to︀ voluntary liquidation, carries with it significant dangers, which should be well understood before being pursued.︁

3.2 All BVI companies must pay an annual fee to the Registry. If the fee︂ is not paid by the due date, a 10% penalty accrues, increasing to 50% if︃ the fee remains outstanding after two months. If the annual fee and penalties have not︄ been paid at the expiry of the further prescribed period (effectively 5 months later), the︅ company will be struck off the Register.

3.3 There is an important distinction to appreciate︆ between a company which has been struck off the Register and a company which has︇ been dissolved.

3.4 A company which has been struck off the Register for non-payment of︈ annual fees still exists, so that it can still incur liabilities; the Registry's fees continue︉ to accrue and it can still be sued. Its directors still hold office and their︊ duties as directors are in no way diminished as a result of the company being︋ struck off. Fundamentally, the directors of a company which has been struck off can be︌ held liable for the actions, or indeed the inactions, in a way which is not︍ possible if the company has been liquidated and dissolved.

3.5 Should a company remain continuously︎ struck off the register for a period of seven years only then will it be️ automatically deemed dissolved.

3.6 As a matter of good corporate governance and to assure the‌ protection of all stakeholders, including current and former directors, XXX strongly advises clients to pursue‍ the voluntary liquidation route, rather than simply allow the company to be struck off.
 
great information.. however, I would like to clarify was this per month or just one‌ off penalty?
 
I believe they're referring largely‍ to the information in 3.4. Still incurring fees, able to be sued etc. For most⁠ I don't think it's really a 'danger' but something to keep in mind. I'm sure⁤ the company that gave me this information is a little biased also as they would⁣ prefer their clients pay for their services to dissolve.
 
This is information I was given regarding BVI. I couldn't say for other jurisdictions.
 
The way I understood it, is that it's‍ a one off fee per year. 10% after one month. 50% after 2 months. Struck⁠ from the register at 5 months. Year 2 the annual fees would add to the⁤ debt, 10% extra a month later, 50% after 2 months and so on for 7⁣ seven years until the company is deemed dissolved. Of course these fees are not a⁢ concern if you don't plan on using the company again. And after year 2 it's︀ most likely cheaper to incorporate a new company anyway.
 
Thank you now I understand. I agree if︀ the company has been left unsused for 2 years or more it make no sense︁ to renew it, better to incorporate a new company!
 
Didn't faced any issues. I will even get a real⁣ office setup in Cyprus soon 😉
 
That is the information I was provided by my registered agent. I don't‌ have personal experience going through it.
 
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