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BVI Private Fund

The BVI Financial Services Commission (FSC) regulates mutual funds under the Mutual Funds Act, 2010. This Act sets out the guidelines pertaining to the application and licensing of mutual funds in the BVI.

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About BVI Private Fund

A private fund is essentially a fund with memorandum and articles of association which specify that it will have no more than fifty (50) investors or that the making of an invitation to investors to subscribe for shares in the fund is to be made on a private basis. Unlike professional funds there are no minimum investment or investor suitability requirements for private funds.

BVI Private Fund Legal Requirements

Requirements

Description

  1. Applicable legislation

Mutual Funds Act, 2010

  1. Supervising Authority

BVI Financial Services Commission (FSC)

  1. Corporate vehicle permitted

BVI Business Company

Segregated Portfolio Company

Unit Trust in any jurisdiction

Limited Partnership

  1. Share capital or equivalent

  • Minimum subscription

None

  • Minimum investors

None

  1. Directors / Partners / Trustees

  • Minimum number

2

  • Corporate Directors / Partners / Trustees allowed

Yes

  • Local Directors / Partners / Trustees required

Yes

  1. Fund functionaries required

  1. Custodian

  • Custodian required

Yes

  • Local custodian required

No

  • Eligible custodian

Any other person as the authority may approve who is independent of the manager or administrator

  1. Fund manager / Investment manager

  • Fund manager required

Yes

  • Local fund manager required

No

  • Fund manager requires to be licensed

Yes

  • Eligible fund manager

Any licensed fund manager worldwide

  1. Fund administrator

  • Fund administrator required

Yes

  • Local fund administrator required

No

  • Eligible fund administrator

Any licensed fund manager worldwide

  1. External auditor

  • External auditor required

Yes

  • Local external auditor required

No

  • Eligible external auditor

Foreign or local auditor satisfying conditions as may be prescribed by the Commission.

  1. Asset Requirements

  • Restriction on type of asset class invested

None

  • Asset diversification requirements

None

  • Limitation on size of the fund or total assets under management

None

  1. Local physical office required

No

  1. Prospectus / Offering Memorandum required to be filed

Yes

  1. Eligible for listing

Yes

  1. License fees

  • License application fee

USD 350

  • Annual license fee

USD 350

  1. Estimated license processing duration

3 months

Ongoing Obligations

Requirements Description
Monthly obligations
None
Quarterly obligations
None
Annual obligations
Submit annual audited accounts to FSC within 6 months of the financial year end.
Other obligations
None
Tax Obligations and Other Exemptions
Requirements Description
Business Tax
There is no income, capital gains, profit or other forms of direct taxation on corporations, regardless residence status.
Withholding Tax
No withholding tax is payable on dividends and/or interest payable.
Value Added Tax (VAT)
VAT is not applicable to mutual funds in its entirety.
Capital Duty
None
Payroll Tax
If the fund employs anyone within the British Virgin Islands, such person will be subject to payroll tax of between 10 and 14 per cent (8 per cent being paid by the employee, and the remainder paid by the employer) on remuneration (including severance pay, bonuses and money paid under profit-sharing scheme) for services rendered wholly or mainly in BVI
Real Property Tax
None
Social Security
Contributions are also required to social security and national health insurance.
Stamp duty Act
If the fund invests in real estate within the British Virgin Islands, it would be required to pay BVI stamp duty at a rate of 4 per cent for ‘belonger’ entities and 12 per cent for ‘non-belonger’ entities on the appraised value of the land.
Trades Tax Act
None
Immovable Property Transfer Restriction Act
None
Immigration Decree
None
Exchange Control Act
There are no foreign exchange control restrictions
Foreign Earnings Act
None

Benefits of a BVI Private Fund:

  • Ease and speed of establishment
  • Flexible structuring of the entity
  • Favourable compliance restrictions
  • Friendly regulatory environment