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Belongers’ Interest: A Guide to Doing Business in the British Virgin Islands
As a belonger or someone with a connection to the British Virgin Islands (BVI), you may be interested in understanding the regulations and requirements for doing business in the territory. The BVI has a thriving financial services and fintech sector, which attracts many non-BVI nationals. However, it’s essential to note that there are certain rules and restrictions in place to ensure the fair treatment of belongers.
Work Permits
To engage in employment in the BVI, expatriates must obtain a work permit from the Labour Department. Employers must advertise any available positions in local newspapers for two consecutive weeks and give preference to qualified belongers who apply. There are no quotas or caps on work permits, subject to obtaining the necessary permit.
Intellectual Property
The BVI has its own intellectual property (IP) regime, which is based on UK law. To protect IP rights, you may need to register local patents, trademarks, and copyrights. The BVI does not have a formal copyright registry, but copyright protection falls back on English common law duties.
Exploiting IP
IP rights can be monetized through assignment or licensing. However, the BVI has introduced new regulations requiring certain businesses to establish a level of physical substance within the territory. This includes IP holding entities that derive income from their assets. These entities must direct and manage core activities from physically within the BVI and ensure they have adequate staff and expenditure in the territory.
Economic Substance
The Economic Substance (Companies and Limited Partnerships) Act, 2018, requires certain businesses to demonstrate a level of economic substance within the BVI. This includes IP holding entities that generate income from their assets. These entities must meet specific requirements, such as directing core activities from the BVI and having adequate staff and expenditure in the territory.
Conclusion
The British Virgin Islands offers a unique blend of financial services, fintech, and intellectual property opportunities. As a belonger or someone with a connection to the territory, it’s essential to understand the regulations and requirements for doing business in the BVI. By following these guidelines, you can ensure compliance with local laws and regulations while also taking advantage of the many opportunities available in this thriving jurisdiction.
About the Author
[Author Name] is a leading expert in [specific area of expertise]. With extensive experience in [related fields], they have provided invaluable insights into the British Virgin Islands’ business landscape. The author has been carefully selected by Global Legal Group, publisher of ICLG, to provide this exclusive guide.
Editor’s Note
This chapter has been written by a member of ICLG’s international panel of experts and reviewed by our in-house editorial team. It is updated annually and audited for originality, relevance, and style using anti-plagiarism and AI-detection tools.