Understanding BVI New Company Regulations and Recent Trust Case Law

SPEAKER
Rupert Ramsay, Ramsay & Reyes Law (Switzerland) GmbH ramsayreyes.com
David Cooney, Spencer West spencer-west.com

TOPIC
Understanding BVI New Company Regulations and Recent Trust Case Law

The filing deadlines under the BVI's beneficial ownership regime have passed. The concessions that eased the transition (i.e. the waiver of filing fees and financial penalties, and the suspension of enforcement action) came to an end earlier this year, and full enforcement has been in place since 1 April 2026. The Register of Beneficial Ownership opened on the same date to third parties able to demonstrate a legitimate interest.

Now that we are firmly into the new cycle, this session is a practical recap for Swiss trustees: what the rules require of a trustee holding or administering BVI structures, where errors are most often turning up, and what good practice looks like from here.

Rupert Ramsay will cover with respect to the BVI beneficial owernship regime:

• Who counts as a beneficial owner where a trusts sit in the structure
• The foreign trustee exemption and its applicability to Swiss based trustees
• A recap on filings, record keeping (including changes and corrections) and legitimate interest access
• A brief look at the interplay between this regime and the new Swiss transparency register, coming into force on 1 October 2026

David Cooney will cover some recent notable trust case law, including:

• A recent BVI case on the BVI “firewall” rules (in the context of BVI company shares);
• An overview of where we are on Protector decision making (Narrow v Wide view), across the “offshore” world; and
• Any other interesting cases that are published before the date of the talk;

SPEAKERS' CV

Rupert Ramsay

Rupert’s practice typically covers complex cross jurisdictional corporate structuring and trust related advice on private client structures administered from Switzerland.

Rupert acts almost exclusively for Swiss based clients, including trust companies, high-net-worth individuals, family businesses, family offices, private banks and law firms.

Prior to founding Ramsay & Reyes Law (Switzerland) GmbH, Rupert was a Group Partner at a global offshore law firm and before that ran the BVI desk of a major international law firm, directly from Switzerland.

David Cooney

David Cooney focuses primarily on international private client structuring, with particular expertise in the use of trusts, companies and foundations. He acts for some of the world’s wealthiest individuals and families and advises trustees around the world on all aspects of wealth structuring and planning.

David has lived and worked in the UK, the Caribbean, Switzerland and the Channel Islands, holding roles in some of the biggest firms in the private wealth sector. This international experience has given him unique insights into the planning and structuring considerations of each jurisdiction, enabling him to advise his clients on the relative advantages and disadvantages of different structures and the opportunities available across jurisdictions.

David advises on the establishment of new structures, restructurings, the termination of existing structures, and on any other aspect of the ongoing operation of private wealth structures.

Registration closes at 12 pm the day before the event.

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