Offshore
BVI Urged To Celebrate Transformative Legislation's 30th Birthday

The jurisdiction may have been targeted by critics of offshore centres, but the British Virgin Islands is in a mood to party as the Caribbean financial hub marks 30 years of significant legislation.
The jurisdiction may have been targeted by critics of offshore
centres, but the British Virgin Islands is in a mood to party as
the Caribbean financial hub marks 30 years of significant
legislation.
The BVI’s International Business Companies Act, passed into law
on 15 August 1984, gave rise to the BVI’s finance industry. The
Act was born after the US cancelled its double taxation treaty
with the BVI and other Caribbean nations in 1982. The Act was
later repealed in 2006 and replaced with new legislation.
Harneys, a law firm
whose partners helped to craft the IBC Act, has produced a
microsite with a video of key players involved in the
legislation. The Act was developed by three Harney Westwood &
Riegels (Harneys) partners – Michael Riegels, Neville Westwood
and Richard Peters -- along with then-BVI Attorney General Lewis
Hunte and Paul Butler, a Wall Street lawyer from Shearman &
Sterling.
The legislation sought to streamline incorporation procedures,
remove the requirement of corporate capacity, abolish the need
for corporate benefit, recognise that companies could exist
without members and permit companies to provide financial
assistance for the acquisition of their own shares.
Harneys points to data it says vindicates success of the Act:
Incorporation numbers exploded in the decade following its
enactment, with nearly 50 per cent growth year-on-year. In 1999
it was estimated (source: KPMG) that the BVI had amassed a 41 per
cent global market share for offshore vehicles. By 2004 the BVI
would have the 12th highest GDP per head of population in the
world, Harneys said.
Harneys said the Act has been copied by jurisdictions such as the
Bahamas and Belize, as well as Anguilla, St Kitts, St Lucia and
St Vincent and the Grenadines.