The S-HR&M litigation department was successful with an application to have the dissolution of an International Business Company declared void, notwithstanding that the Certificate of Dissolution had already been issued.
This was a unique application, as BVI law does not expressly provide for such an application. However, by relying on a previous judgement of the BVI Court, in a matter where the formalities for dissolution were not complied with, we were able to demonstrate that the Court does in fact have jurisdiction to declare the dissolution of an IBC void.
While the application itself is unique and a precedent has now been established, each case has to be dealt with on its own merits and circumstances and indeed the very reason behind making the application may be considered by the Court. Equally important is the identity of the parties. The Applicant must have locus standi to bring the application and depending on the circumstances the Attorney General and/or the Registrar of Companies may have to be cited as Respondents.
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