Amendments to the BVI Business Companies Act

There have been certain significant amendments introduced to British Virgin Island (BVI) Business Companies Act. The amendments will come into force on 1 January 2023. The key changes relate to abolishing the use of bearer shares, disclosure of director information, filing of financial returns, striking off and dissolution of companies, restoration of struck off and dissolved companies, new qualification and residency requirements for liquidators and insolvent liquidations.

Non-Resident Tax on Mauritius

Non-residents are generally liable to tax in Mauritius in respect of their Mauritius-source income. Section 74(1) of the Income Tax Act (the “Act”) provides examples of streams of income considered to be derived from Mauritius.

Bank Customers Could be Held Liable for Banking Fraud Losses

On 18 July 2022, the Ugandan High Court issued a landmark decision on the liability for loss suffered due to digital bank fraud in the case of Aida Atiku versus Centenary Rural Development Bank Limited, (the defendant/bank) Civil Suit No. 0754 of 2020.

The Settlement Framework – An Overview of its Application in Practice

At an awareness session on the Settlement Procedure conducted by the Financial Services Commission (the “Commission”) on the 12 April 2022, the Chief Executive of the Commission stressed that the Settlement Committee is not a ‘whitewashing’ instance and that settlement discussions might take place in parallel with any investigation, inquiry or referral to the Enforcement Committee which have already started.

Finance (Miscellaneous Provisions) Act 2022

On 29 July 2022, the Mauritian Parliament passed the Finance (Miscellaneous) Provisions Act 2022 (the “FA 2022”), which enacts into law the measures announced by the Honourable Minister of Finance in the Budget Speech 2022-2023.

 

EACJ Issues Landmark Decision in Kenyan Election Dispute

The East African Court of Justice (EACJ) Appellate Division issued a landmark decision affirming an earlier ruling by the First Instance Division to find that Kenya, through the Supreme Court of Kenya, infringed on Martha Karua’s (Ms Karua) right of access to justice. It is the first time the EACJ Appellate division has determined election-related disputes arising from a decision (s) of the Supreme Court of Kenya (Petition No. 3 of 2019).