Important Update as to Filing of Annual Returns for BVI Companies

Navigating the New Legitimate Interest Access Regime for BVI Beneficial Ownership Information

The BVI legitimate interest access (“LIA”) system became operational on 1 April 2026. To establish a “legitimate interest”, an applicant must demonstrate that the purpose of the request for beneficial ownership information is to investigate, prevent or detect money laundering, terrorist financing or proliferation financing, or that the applicant is carrying out client due diligence or other obligations in accordance with the BVI’s anti-money laundering laws.

Shana Simmonds-Lewis, Maree Martin

International Women’s Day 2026 Roundtable: Rights. Justice. Action. For all women and girls.

As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.

2026 BVI Regulatory Calendar

Be ready for regulatory filing dates. In our 2026 calendar we list the key regulatory and corporate filing dates applicable to British Virgin Islands entities on filing and other obligations. The dates listed are those provided by British Virgin Islands regulatory authorities. For further information on any of the upcoming deadlines covered by the calendar, please contact the related contact(s) on this page.

Shana Simmonds-Lewis, Chris Buchan, Maree Martin

Key Developments in the BVI Beneficial Ownership Regime

The BVI Business Companies and Limited Partnerships (Beneficial Ownership) (Amendment) Regulations, 2025 (the “Amendment Regulations”) were gazetted and came into effect on 1 July 2025.  The Amendment Regulations introduced important changes and additions to the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 (the “BO Regulations”) including, amongst other changes:   providing additional categories of entities that are exempt from the requirement to file beneficial ownership information with the BVI Registrar of Corporate Affairs (the “Registrar”);   changing the threshold for determination of a “subsidiary” in the relevant exemption from “more than 75%” to “75% or more”; the introduction of provisions for the imposition, effect of and withdrawal of restrictions notices;  the introduction of criteria for legitimate interest access to beneficial ownership information together with a process to apply to the Registrar for an exemption from the disclosure of beneficial ownership information; and  the addition of further penalty provisions in Schedule 3 to the BO Regulations. Transitional provisions: The Amendment Regulations provide that for legal entities incorporated, registered or continued prior to 1 July, 2025, they must be in compliance with the Amendment Regulations within 6 months (by 1 January 2026).  Entities that failed to make their filings by the due date will not be considered to be in good standing.  However, there is a moratorium on filing fees and penalties until 31 March 2026. In addition, applications for inspection of, or a copy of an entry in, a beneficial ownership register (BO Register) will not be accepted before 1 April 2026.  Persons may apply for an exemption from disclosure of beneficial ownership information from 2 January 2026.

Shana Simmonds-Lewis, Maree Martin

BVI Court Appoints Liquidators to Foreign Dissolved Company

Daniel Mitchell

Structured lending for hyperscale data center providers: offshore spvs powering securitisation driven capital solutions

The exponential growth of hyperscale data centers, driven by surging demand for cloud computing, artificial intelligence and digital infrastructure, is reshaping the way these assets are financed. As operators seek to scale rapidly, bank debt funding is moving towards capital markets solutions. Securitisation, particularly in Asia, is emerging as a strategic tool to monetise long-term lease receivables, with offshore SPVs playing a pivotal role in enabling cross-border capital flows.

Shivagar Siva

From Duty to Danger: Director Liability in the Zone of Insolvency

The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) (the “BVI Court of Appeal”) in Byers & Others v Chen Ningning[1] (“Byers”) has affirmed and provided important clarification on the extent to which directors may be held personally liable for breaching the “creditor duty”.

Lorinda Peasland

Acting Without Standing: Risks in Litigation

A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides useful guidance for legal practitioners and estate administrators on the rules regarding the administration of BVI estates and related questions of standing. The parties’ names are anonymised in the judgment to preserve their confidentiality.

Daniel Mitchell, Fay O’Halloran

International Women’s Day 2025 roundtable: Rights. Equality. Empowerment.

As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.