Declaration re Continuation under Foreign Law (BVI Business Companies Act, 2004, Section 184)

Summary

This is a blank statutory declaration form to be used when a BVI business company continues under foreign law pursuant to Section 184 of the BVI Business Companies Act, 2004. It is completed by a director (or other authorised declarant) and the company's registered agent to formally declare compliance with the foreign jurisdiction's continuation requirements.

• Declarant identity: The person making the declaration must state their name, address, and their position/role in relation to the company.
• Foreign law confirmation: The declarant must name the foreign jurisdiction whose laws will govern the continuation and confirm that those laws permit the continuation.
• Compliance statement: The declarant must affirm that the company has complied with the requirements of that foreign law for continuation.
• Execution formalities: The declaration must be dated, signed by the declarant, and made before a person authorised to take declarations (e.g. a notary or commissioner for oaths), whose description must be recorded.

Key obligations

• The declarant must truthfully declare that the foreign jurisdiction's laws permit the company's continuation under foreign law
• The declarant must confirm the company has complied with the foreign jurisdiction's continuation requirements
• The declaration must be signed by the declarant and made before an authorised person taking declarations, with that person's description recorded on the form

Applies to

BVI business companies, directors, registered agents