ARTICLE
14 February 2020

The BVI Courts Appoint A Receiver To Take Control Of A PRC Judgment Debtor's Assets

W
Walkers
Contributor
Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
A recent decision in the British Virgin Islands ("BVI"), BVIHC (Com) 0032 of 2018, is notable as being the first case of which we are aware where the BVI Court
British Virgin Islands Wealth Management
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A recent decision in the British Virgin Islands ("BVI"), BVIHC (Com) 0032 of 2018, is notable as being the first case of which we are aware where the BVI Court has recognised and enforced judgments from the People's Republic of China ("PRC") Courts (and may assist future applicants seeking reciprocal relief from the PRC Courts for recognition of BVI Court orders). The case involved an application by a bank from the PRC for the appointment of post-judgment receivers by way of equitable execution over shares in a BVI company in order to enforce a multi-million dollar judgment debt.

Importantly, the order gives the court appointed receivers the ability to exercise shareholder voting rights and to take effective control of the BVI company by changing its board of directors ("Board"). This should enable the value of the shares to be maximised, and should therefore theoretically aid the enforcement of future judgments where assets are held in a BVI incorporated vehicle.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
14 February 2020

The BVI Courts Appoint A Receiver To Take Control Of A PRC Judgment Debtor's Assets

British Virgin Islands Wealth Management
Contributor
Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
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