ARTICLE
5 April 2023

BVI Insolvency Proceedings - Top Creditor FAQs For 2023

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Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect...
British Virgin Islands Insolvency/Bankruptcy/Re-Structuring
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Introduction

As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect to debts owed by BVI incorporated debtors.

In particular, having stayed their hand, whether by choice or by virtue of local legislation which has imposed a standstill during the global pandemic, there are now clear indications that creditors are no longer willing to postpone payment indefinitely but want to explore their options including, specifically, the ability to initiate insolvency proceedings in the BVI in respect of the debtor.

Although every case is different, and needs to be considered on its own facts, some questions reoccur repeatedly. What follows is an attempt to provide some high-level answers to these questions, and an introduction to the framework of the BVI corporate insolvency process, without, we should emphasise, replacing the need for bespoke, tailored advice in any particular case.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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