Declaration Continuation out of the BVI s.184(1B)(b) (K3)

Summary

This is Form K3, a statutory declaration required under section 184(1B)(b) of the BVI Business Companies Act, 2004 (as amended) for a company applying to continue out of the British Virgin Islands into another jurisdiction. It is signed by an authorised person (a director or the registered agent) confirming that specific pre-filing notice and status requirements have been met before the continuation filing is made.

• Prior notice given: The company advertised its intention to continue outside the Virgin Islands, and the target jurisdiction, in the Gazette and on its website (if any), at least 14 days before the section 184(1B)(b) filing.
• Members and creditors notified: The company notified its members and creditors in writing of its intention to continue outside the Virgin Islands.
• No outstanding regulator requests: The company confirms it has no pending, unsatisfied request from a competent authority to produce documents or provide information.
• No receiver appointed: No receiver has been appointed over the company or any of its assets.
• No pending legal proceedings: The company is not aware of any pending civil or criminal proceedings against it, or against any member, director, officer or agent, relating to the company's affairs.

The declarant and a witness must sign and date the form, stating where it was declared, before it is submitted as part of the continuation out application.

Key obligations

• Before filing under section 184(1B)(b), the company must have advertised its intention to continue outside the Virgin Islands (and the destination jurisdiction) in the Gazette and on its website at least 14 days beforehand
• Before filing, the company must have notified its members and creditors in writing of its intention to continue outside the Virgin Islands
• The declarant must confirm the company has no unsatisfied pending request from a competent authority for documents or information
• The declarant must confirm no receiver has been appointed over the company or its assets
• The declarant must confirm no pending civil or criminal proceedings against the company or its members, directors, officers or agents relating to the company's affairs
• The declaration must be signed by an authorised declarant (director or registered agent) and witnessed

Applies to

BVI business companies applying to continue out of the Virgin Islands, registered agents, company directors

Deadlines

• at least 14 days before making a filing under section 184(1B)(b): Company must have advertised its continuation intention in the Gazette and on its website, and notified members and creditors in writing, at least 14 days before the section 184(1B)(b) filing