Annual Maintenance of Offshore Companies

What happens if I don't pay the annual renewal fees?

Non-payment of annual renewal fees will make the offshore company lose its status of good standing, the company will also incur severe late penalties and legal consequences.

Late payment of the Government duties in the British Virgin Islands will result in a 10% penalty fee if the payment is up to 2 months´ late, and 50% late penalty fee, if the payment is over 2 months´ late. At any time after the due-date of the Government fees, the Registrar of Companies is entitled to strike-off the company from the Registry for non-payment of fees, after giving the Company a 30-day notice.

A Company, which is struck-off the Registrar shall remain liable to any due and unpaid fees. Such company also remains liable to all its obligations and debts, and any creditor may legally raise a claim against a struck-off company for debts and pursue the collection of those debts through litigation. A struck-off company may not legally continue to trade or enter into any new transactions whatsoever, and its directors, shareholders, managers and owners may not enter into any transactions with the assets of the Company. If they do, they are personally liable for any debts, obligations or legal consequences resulting from such transactions. If the company is operated by appointed third-party managers for and on behalf of a beneficial owner and under his instructions, the personal liability will also extend to the beneficial owner. Essentially, striking-off a BVI Business Company means that all its assets and funds are legally frozen until the Company is restored in good standing - or until it´s legally dissolved.

It is possible to restore a company after it has been struck-off the Registrar, but substantial government fees will apply depending on the number of days passed after strike-off. These will be in addition to all past-due renewal fees and penalties thereof.