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Comparison of the British Virgin Islands and Cayman Islands Offshore Jurisdictions

October 2000

When the British Virgin Islands (BVI) & Cayman Islands are objectively compared to one another there are many similarities and only a few significant differences. For example both have a legal system based on English Common Law, both are located in the Caribbean and both offer similar types of offshore financial legislation. Perhaps the single most significant distinction between the two jurisdictions in that Cayman has an established offshore banking infrastructure. However the BVI has established itself as the premier offshore domicile for International Business Companies worldwide and bank accounts can be opened for Companies incorporated there in any part of the world including the major banking centres. Government fees for Companies formed in the BVI are also significantly lower than the fees in the Cayman Islands. The following tables help to illustrate the key features of each jurisdiction.

GENERAL

BRITISH VIRGIN ISLANDS (BVI)

CAYMAN ISLANDS

Geographical Location

Caribbean (60 miles east of Puerto Rico)

Caribbean (480 miles south of Miami)

Political Stability (Self Governing British Dependant Territory)

Good

Good

British Based Legal System (English Common Law)

Yes

Yes

Highest Court of Appeal

Privy Council in London, England

Privy Council in London, England

Official Currency

United Sates Dollar (US$)

Cayman Islands Dollar (CI$)

Exchange Control

Nil

Nil

              LEGISLATION

 

 

Domestic Company

Companies Act. CAP.285

Ordinary Resident

Subject to the provisions of the Companies Law

Ordinary Non-Resident

No Specific Legislation

Ordinary Non-Resident Company

Subject to the provisions of the Companies Law

Offshore Limited Company

International Business Companies Act.CAP.291

Exempted

Subject to the provisions of the Companies Law

Limited Duration Company (LDC)

No Specific Legislation

Limited Duration Company

Subject to the provisions of the Companies Law

Limited Life Company (LLC)

No Specific Legislation

Limited Life Company

Subject to the provisions of the Companies Law

Limited Partnerships

Partnership Act 1996

The Exempted Partnership Law

Trusts

Trustee Act, 1961 (as amended)

Trusts Law, Perpetuities Law, Special Trust Law

Mutual Funds

Mutual Funds Act, 1996 (as amended, 1997)

Mutual Funds Law

Captive Insurance Management

The Insurance Act, 1994

Insurance Law

Banking & Trust

Banks & Trust Companies Act

Banks & Trust Companies Law

  KEY STATISTICS
(Approximate figures only)

 

 

Number of Registered Banks & Trust Companies

222 (inc. Restricted & Co. Management Licences)

586

Number of Registered Offshore Companies

500,000

45,169

Number of Registered Mutual Funds

1,477

1,965

Number of Registered Captive Insurance Companies

142

485


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The AMS Group
Sea Meadow House, Road Town,
Tortola, British Virgin Islands
Tel: (284) 494 3399 - Fax: (284) 494 3041
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