Director duties post-liquidation in the BVI

• The status of director duties in a company in liquidation registered in the British Virgin Islands (BVI) has been undecided, until a recent decision of the English High Court which was required to consider what duties, if any, directors of BVI companies owe after the company has been placed into liquidation.

The status of director duties in a company in liquidation registered in the British Virgin Islands (BVI), has been undecided until the recent decision of the English High Court in Greig William Alexander Mitchell & Ors v Sheikh Mohamed Bin Issa Al Jaber & Ors [2023] EWHC 364 (Ch). The High Court (Mrs Justice Smith) was required to consider what duties, if any, directors of BVI companies owe after the company has been placed into liquidation, in light of s 175(1)(b) of the BVI Insolvency Act 2003 (IA 2003), which states that from the commencement of the liquidation, ‘the directors and other officers of the