Creating and registering security interests over assets of a BVI Business Company

Entering into financing transactions with BVI Business Companies (BCs) is a familiar part of the global financial services landscape given the use and presence of BCs. The ease of use of BCs in these types of transactions is facilitated to a large extent by the flexibility of the BVI Business Companies Act, 2004 (the BCA). As it is common for BCs to maintain their assets outside of the British Virgin Islands, the focus of this note will be on what should be done under the BCA in relation to the creation and registration by a BC of security over its foreign assets.