Podcast
Questions and Answers
What must a person claiming legitimate interest demonstrate regarding the information sought?
What must a person claiming legitimate interest demonstrate regarding the information sought?
- A relevant and immediate personal benefit
- A general curiosity about the information
- An informal request from a peer
- A specific and lawful interest directly related to the purpose (correct)
Under which circumstance can a beneficial owner apply for an exemption from disclosing their information?
Under which circumstance can a beneficial owner apply for an exemption from disclosing their information?
- If their information has already been disclosed by others
- If the disclosure poses a serious risk of political persecution (correct)
- If they do not want their information publicly available
- If the information is outdated
Which type of documentation must be submitted to support an exemption application?
Which type of documentation must be submitted to support an exemption application?
- Bank statements
- Documentation supporting the claim of disproportionate or serious risk (correct)
- Medical records
- Tax returns
Who determines whether a particular disclosure of beneficial ownership information is against the public interest?
Who determines whether a particular disclosure of beneficial ownership information is against the public interest?
Which circumstance is NOT a valid reason for a beneficial owner to request an exemption?
Which circumstance is NOT a valid reason for a beneficial owner to request an exemption?
What must be included in an appeal to the Financial Services Appeal Board?
What must be included in an appeal to the Financial Services Appeal Board?
What type of evidence might be required to prove the status of a minor in an exemption application?
What type of evidence might be required to prove the status of a minor in an exemption application?
What role does the Registrar of Corporate Affairs play in ensuring compliance?
What role does the Registrar of Corporate Affairs play in ensuring compliance?
The application for an exemption must include which of the following regarding the beneficial owner?
The application for an exemption must include which of the following regarding the beneficial owner?
What is a potential consequence for providing false information during the application process?
What is a potential consequence for providing false information during the application process?
What is a necessary component for the claim of serious risk to be accepted?
What is a necessary component for the claim of serious risk to be accepted?
What is the maximum period allowed for companies to submit their beneficial ownership information after the effective date?
What is the maximum period allowed for companies to submit their beneficial ownership information after the effective date?
What is the primary purpose of the policy mentioned?
What is the primary purpose of the policy mentioned?
What aspect does the policy specifically address regarding at-risk beneficial owners?
What aspect does the policy specifically address regarding at-risk beneficial owners?
What is the consultation deadline for feedback regarding the policy?
What is the consultation deadline for feedback regarding the policy?
Which document outlines the aspects related to penalties for misuse of information?
Which document outlines the aspects related to penalties for misuse of information?
What is the time frame within which the Registrar of Corporate Affairs typically issues decisions regarding exemption applications?
What is the time frame within which the Registrar of Corporate Affairs typically issues decisions regarding exemption applications?
Which of the following types of information is NOT made available when access to beneficial ownership information is granted?
Which of the following types of information is NOT made available when access to beneficial ownership information is granted?
What process must be followed to request access to the Register based on legitimate interest?
What process must be followed to request access to the Register based on legitimate interest?
Who has access to crucial information filed under section 96A of the BVI Business Companies Act and section 53B of the Limited Partnership Act?
Who has access to crucial information filed under section 96A of the BVI Business Companies Act and section 53B of the Limited Partnership Act?
What condition triggers the potential requirement for an extension of the exemption application processing time?
What condition triggers the potential requirement for an extension of the exemption application processing time?
What specific ownership stake qualifies a beneficial owner for information access?
What specific ownership stake qualifies a beneficial owner for information access?
What information does the Registrar of Corporate Affairs maintain records of regarding exemptions?
What information does the Registrar of Corporate Affairs maintain records of regarding exemptions?
What is the main objective of balancing the potential harm against concerning exemption requests?
What is the main objective of balancing the potential harm against concerning exemption requests?
What is the primary purpose of the statutory framework established under section 96A of the BC Act?
What is the primary purpose of the statutory framework established under section 96A of the BC Act?
How does the LP Act relate to the BC Act in terms of beneficial ownership?
How does the LP Act relate to the BC Act in terms of beneficial ownership?
What significant change did the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 implement?
What significant change did the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 implement?
When did the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 take effect?
When did the BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 take effect?
Who currently has access to the information in the Register of Beneficial Ownership as established by the BC Act?
Who currently has access to the information in the Register of Beneficial Ownership as established by the BC Act?
What is the primary focus of the Draft Policy on Rights of Access to the Register of Beneficial Ownership?
What is the primary focus of the Draft Policy on Rights of Access to the Register of Beneficial Ownership?
What is one of the key issues the Government of the Virgin Islands is considering regarding beneficial ownership information?
What is one of the key issues the Government of the Virgin Islands is considering regarding beneficial ownership information?
What must stakeholders do to ensure comprehensive feedback during the consultation process?
What must stakeholders do to ensure comprehensive feedback during the consultation process?
What does 'legitimate interest' specifically refer to in the context of this policy?
What does 'legitimate interest' specifically refer to in the context of this policy?
What was the primary amendment to the BC Act made in 2024?
What was the primary amendment to the BC Act made in 2024?
What are eligible categories of persons expected to provide when accessing the Register?
What are eligible categories of persons expected to provide when accessing the Register?
What transitional arrangement was established for entities incorporated before 2nd January 2025?
What transitional arrangement was established for entities incorporated before 2nd January 2025?
What types of risks are addressed in the exemptions mentioned in the policy?
What types of risks are addressed in the exemptions mentioned in the policy?
By when must stakeholders submit their feedback to the government?
By when must stakeholders submit their feedback to the government?
Which of the following is NOT a purpose for accessing the Register according to the policy?
Which of the following is NOT a purpose for accessing the Register according to the policy?
What is the ultimate goal of the consultation process outlined in the policy?
What is the ultimate goal of the consultation process outlined in the policy?
What is a significant challenge regarding the definition of 'legitimate interest' in accessing beneficial ownership information?
What is a significant challenge regarding the definition of 'legitimate interest' in accessing beneficial ownership information?
Which of the following categories is least likely to be considered eligible for accessing the Register?
Which of the following categories is least likely to be considered eligible for accessing the Register?
Under what circumstance is it generally agreed that beneficial owners may apply for exemptions?
Under what circumstance is it generally agreed that beneficial owners may apply for exemptions?
What is a potential recommendation for the documentation requirements related to disproportionate risk?
What is a potential recommendation for the documentation requirements related to disproportionate risk?
How is the notification process for beneficial owners characterized in terms of fairness?
How is the notification process for beneficial owners characterized in terms of fairness?
What is a key concern regarding the grounds for objecting to the disclosure of beneficial ownership information?
What is a key concern regarding the grounds for objecting to the disclosure of beneficial ownership information?
Why might the confidentiality and data security measures be viewed as insufficient?
Why might the confidentiality and data security measures be viewed as insufficient?
What aspect of the appeals process may require improvement for requests denied access to the Register?
What aspect of the appeals process may require improvement for requests denied access to the Register?
Flashcards
BVI Business Companies Act
BVI Business Companies Act
A legal document outlining the obligations and responsibilities of BVI business companies and their beneficial owners.
Limited Partnership Act
Limited Partnership Act
A legal document governing the responsibilities of BVI limited partnerships and their beneficial owners.
Register of Beneficial Ownership
Register of Beneficial Ownership
A database containing information about the ultimate owners (beneficial owners) of BVI companies and limited partnerships.
Beneficial Owners
Beneficial Owners
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Rights of Access to the Register of Beneficial Ownership
Rights of Access to the Register of Beneficial Ownership
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Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT)
Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT)
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Beneficial Ownership Secure Search System
Beneficial Ownership Secure Search System
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Wider Access to Beneficial Ownership Information
Wider Access to Beneficial Ownership Information
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Legitimate Interest in Beneficial Ownership Information
Legitimate Interest in Beneficial Ownership Information
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Exemption for Beneficial Owners
Exemption for Beneficial Owners
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Evidence of Risk for Exemption
Evidence of Risk for Exemption
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Beneficial Owner Information for Exemption Application
Beneficial Owner Information for Exemption Application
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Proof of Status for Minors or Incapacitated Individuals
Proof of Status for Minors or Incapacitated Individuals
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Public Interest and Beneficial Ownership Disclosure
Public Interest and Beneficial Ownership Disclosure
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Directly Related Purpose for Accessing Information
Directly Related Purpose for Accessing Information
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Proportionality in Access to Beneficial Ownership Information
Proportionality in Access to Beneficial Ownership Information
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What is the purpose of this policy?
What is the purpose of this policy?
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What does 'legitimate interest' mean in this context?
What does 'legitimate interest' mean in this context?
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What are the recognized reasons for having 'legitimate interest'?
What are the recognized reasons for having 'legitimate interest'?
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What is the 'Register of Beneficial Ownership'?
What is the 'Register of Beneficial Ownership'?
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What is the purpose of the consultation process?
What is the purpose of the consultation process?
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When is the deadline for providing feedback on the policy?
When is the deadline for providing feedback on the policy?
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Where can stakeholders send their consultation feedback?
Where can stakeholders send their consultation feedback?
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What is Appendix A of the policy?
What is Appendix A of the policy?
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BVI Legitimate Interest Framework
BVI Legitimate Interest Framework
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Exemption from Disclosure
Exemption from Disclosure
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Information Accessible under Legitimate Interest
Information Accessible under Legitimate Interest
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25% Ownership Threshold
25% Ownership Threshold
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Registrar of Corporate Affairs (BVI)
Registrar of Corporate Affairs (BVI)
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Request Process for Access
Request Process for Access
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Eligible Categories for Access
Eligible Categories for Access
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Appeals process
Appeals process
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Financial Services Appeal Board
Financial Services Appeal Board
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Decision Notice
Decision Notice
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Transition Period
Transition Period
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Policy Balance
Policy Balance
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Disproportionate Risk Evidence
Disproportionate Risk Evidence
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Information Disclosed
Information Disclosed
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Notification and Objection
Notification and Objection
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Objection Process and Appeals
Objection Process and Appeals
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Confidentiality and Data Security
Confidentiality and Data Security
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Study Notes
Consultation on Beneficial Ownership Rights
- The Virgin Islands Government is committed to enhancing transparency and anti-money laundering (AML) measures.
- A register of beneficial ownership for BVI business companies and limited partnerships is being established.
- The BVI Business Companies Act (2023, amended 2024) and the Limited Partnership Act (2024, amended 2024) form the legal framework.
- The 2024 Beneficial Ownership Regulations provide details for the register's operation, effective January 2nd, 2025.
- There's a 6-month transition period for entities formed before January 2nd, 2025.
- Current access to beneficial ownership information is restricted to competent authorities and law enforcement agencies.
- The proposed policy aims to balance transparency and privacy by allowing access to certain stakeholders with a legitimate interest.
- This policy will ultimately be incorporated into legislation.
- Key provisions include defining "legitimate interest," access for financial institutions, regulated non-financial businesses, media, civil society, and academic institutions.
- There are exemptions for beneficial owners facing significant risk, minors, and legally incapacitated persons, or cases of public interest.
- The policy outlines a process for requests, review, objections, and the granting of access.
- The access process will provide full legal names, birthdates, countries of residence, nationalities (if applicable) and details about the beneficial owner's interest/holding in the entity.
- The government aims for a global standard in access to beneficial ownership information and has considered measures from other British Overseas Territories.
- The submission deadline for feedback is February 28, 2025.
- There is a list of guiding questions in Appendix A to help stakeholders provide focused feedback.
- The Financial Services Commission also participates in ongoing efforts to make the system fully operational.
Background and Context
- The BVI is committed to a robust anti-money laundering (AML) framework.
- The proposed policy will balance transparency and privacy, protecting vulnerable individuals.
- The policy follows international best practices, referencing the Sixth AML/CFT Directive.
- The policy considers the privacy rights of individuals, as outlined in the Virgin Islands Constitution Order 2007.
Access Requests
- Requesters must provide information about themselves and the reason for the request.
- Clear details on the legal basis for the request are needed: (investigation, litigation, specific AML/CFT obligations).
- The requester must provide evidence of a legitimate interest relating to the request.
- Beneficial owners can object to the release of information based on potential disproportionate risks.
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