Nevis Limited Liability Company Ordinance

PART XIV
EMERGENCY TRANSFER OF
DOMICILE INTO NEVIS
Emergency 76. As used in this Part, unless the context requires otherwise, the term:
conditions
"Emergency condition" shall be deemed to include but not be limited to any of
the following: war or other armed conflict; revolution or insurrection; invasion or
occupation by foreign military forces; rioting or civil commotion of an extended nature;
domination by a foreign power; expropriation, nationalization or confiscation of a
material part of the assets or property of the limited liability company; impairment of
the institution of private property (including private property held abroad); the taking of
any action under the laws of Nevis whereby persons resident in the Foreign Domicile
might be treated as "enemies" or otherwise restricted under the law of Nevis relating to
trading with enemies of Nevis; or the immediate threat of any of the foregoing; and
such other event which, under the laws of the Foreign Domicile permits the limited
liability company to transfer its domicile. Terms used in this Part and not defined herein
are used as defined in section 64.
When 77. During the existence of an Emergency Condition in the jurisdiction
emergency of its domicile any Foreign Limited Liability Company may, subject to
transfer of and upon compliance with the further provisions of this Part, apply for
domicile is an emergency transfer of its domicile to Nevis.
permitted.
Application for 78. (1) Any Foreign Limited Liability Company may apply for
emergency emergency transfer of domicile to Nevis by filing with the Registrar of
transfer of Companies:
domicile.
(a) documents and certificates similar in respect to those required by sections 66
and 67, except that such documents shall refer to an emergency transfer of
domicile pursuant to this Part; and
(b) a certificate of an authorized office, director or agent of the Foreign Limited
Liability Company specifying the Emergency Condition which exists in the
Foreign Domicile.
(2) The Registrar of Companies, in his discretion, may waive any of the above
requirements upon request by such limited liability company supported by facts
(including without limitation, the existence of an Emergency Condition) justifying such
waiver. In addition, if Emergency Conditions have affected ordinary means of
communication, any of the documents or certificates hereby required may be submitted
by telegram, telex, telecopy or other form of writing so long as the duly executed
original documents and supporting documentation are received by the Registrar of
Companies within 30 days thereafter or as soon as the Emergency conditions cease to
exist. If the Registrar of Companies finds the required documents and certificates to be
in proper form upon payment of the prescribed fee, the Registrar of Companies shall
certify that the limited liability company has filed all documents and paid all fees
required by this Part, and shall deliver to the Foreign Limited Liability Company a
Certificate of Transfer of Domicile, and such certificate of the Registrar of Companies
shall be prima facie evidence of the transfer by such limited liability company of its
domicile into Nevis.
Governing law 79. Except to the extent expressly prohibited by the laws of Nevis after a
after Foreign Limited Liability Company transfers its domicile to Nevis
emergency pursuant to this Part, the limited liability company shall have all of the
transfer powers which it had immediately prior to such transfer under the laws of the Foreign
Domicile and the managers of the limited liability company and their successors may
manage the business and affairs of the limited liability company in accordance with the
laws of such jurisdiction.
Prior 80. The emergency transfer by any limited liability company of its
obligation and domicile into Nevis pursuant to this Part shall not be deemed to affect
liabilities any obligations or liabilities of such limited liability company incurred prior to such
transfer.
Services of 81. All process issued out of any court of Nevis, all orders made by any
process after court of Nevis, and all rules and notices of any kind required to be
emergency served on any limited liability company which has transferred its
transfer of domicile into Nevis pursuant to this Part may be served on the limited
domicile liability company and its managers pursuant to section 15 in the same manner as
if such limited liability company were a limited liability company of Nevis.
Return to 82. Any limited liability company which has transferred its domicile into
foreign Nevis pursuant to this Part may return to the Foreign Domicile by filing
jurisdiction. with the Registrar of Companies a Certificate of Departure pursuant to sections 72 and
73. Such application shall be accompanied by a certified resolution of the managers of
the limited liability company authorizing such withdrawal.