Declaration Continuation Out of the BVI (Section 184(1B)(b) BVI Business Companies Act)

Summary

This is a statutory declaration form used when a BVI Business Company files to continue out of the Virgin Islands under section 184(1B)(b) of the BVI Business Companies Act, 2004 (as amended). It is completed and signed by a duly authorized person (company director or registered agent) to confirm that specific pre-filing requirements have been met before the continuation filing is made.

• Advance notice given: Confirms that, at least 14 days before the section 184(1B)(b) filing, the company advertised its intention to continue outside the Virgin Islands (and the destination jurisdiction) in the Gazette and on its website, and notified members and creditors in writing.
• No outstanding regulator requests: Declares the company has no pending, unsatisfied request from a competent authority for documents or information.
• No receiver appointed: Declares no receiver has been appointed over the company or its assets.
• No pending legal proceedings: Declares the company is not aware of any civil or criminal proceedings pending against the company or its members, directors, officers, or agents relating to the company's affairs.

The declarant and a witness must sign and date the form, which is submitted as part of the continuation out process with the BVI Registry.

Key obligations

• A company seeking to continue out of the Virgin Islands under section 184(1B)(b) must, at least 14 days before that filing, advertise its intention to continue (and the destination jurisdiction) in the Gazette and on its website.
• The company must notify its members and creditors in writing of its intention to continue outside the Virgin Islands at least 14 days before the section 184(1B)(b) filing.
• An authorized person (company director or registered agent) must sign this declaration, with a witness, confirming compliance with the above notice requirements and the absence of pending regulator requests, receivership, or legal proceedings, as part of the continuation out filing.

Applies to

BVI business companies, company directors, registered agents

Deadlines

• at least 14 days before making a filing under section 184(1B)(b): Company must advertise its intention to continue outside the Virgin Islands (Gazette and website) and notify members and creditors in writing before making the continuation filing.