Archive for August, 2006

BVI company structure involved in global petroleum industry operations

Friday, August 18th, 2006

TNK BP Group, one of the largest companies involved in global oil and gas industry and initially registered on the British Virgin Islands, has just signed an agreement of co-operation for further development of oil-and-gas production, refining and petrochemical enterprises with Russian federal agency. Information about it can be found in the article TNK-BP Signed an Agreement of Cooperation with Rostekhnadzor.

These new development incentives were anticipated by several stages of company restructuring, which took place during the last year and finished by forming a TNK-BP Holding and liquidation of minor holdings Tyumen Oil Co., SIDANKO and ONAKO. As a result, the capitalization of TNK-BP Holding made $41.5 billion. By some estimations of analysts, the company’s liquidity is comparable to that of LUKOIL.

TNK-BP Ltd. was incorporated in the BVI tax haven in 2003, as a result of a merger of  Access/Renova consortium and Alfa Group with the British BP. The British Petroleum (BP) is one of the four largest energy companies in the world, vertically integrated in the industry of oil, natural gas and gasoline.

Before final restructuring, TNK-BP held the control stock of the minor holdings, through several companies registered in the BVI and Cyprus offshore jurisdictions. In December 2005 all the assets of the company were consolidated in TNK-BP Holding.

British Businessman vs Brunei Royal Family Members or CBTL Holdings vs Smart Plus Investment Holdings

Wednesday, August 16th, 2006

Our last discussion was about the lawsuit which took place in the High Court of the British Virgin Islands and became widely known in the business and offshore community due to the loud names of the claimant and sued persons and due to the large sum of money claimed.

It could be interesting to see the development of the whole lawsuit story.

Mark Burby, a British businessman, which had an investment agreement with the Brunei’s family members, alleged that Pengiran Ayub and his wife Damit repeatedly reneged on their promises to pass the money.

First, he tried to sue them personally in Singapore – the place where most negotiations took place. However, the decision of the court was in favour of the Pengirans, based on the fact that the agreement was the matter between companies and not between individuals.

After that, the proceedings were launched by CBTL Holdings against Smart Plus Investment Holdings, the BVI offshore company belonging to the Pengirans. Final decision was made by the BVI High Court and it was in favor of the British businessman. The story has not finished yet and continues with company liquidation procedure.

This court dispute is the latest legal case which involves the members of the family of Brunei’s Sultan, – one of the world’s richest personalities, whose fortune is estimated at £12.4 billion. The Sultan is planning to visit Britain next month, and he has been already asked to intervene in the case with coffee chain launch where his family members are in the role of respondents.

It should be noted that Brunei itself is also an offshore jurisdiction, although not as popular as BVI. However, offshore IBC’s can be registered there, based on International Business Company Order, 2000 (IBC O).

Brunei Royal Family Members’ company Smart Plus Investment Holdings is placed in liquidation by BVI High Court

Saturday, August 12th, 2006

The story of a lawsuit in the BVI High Court that started last year has just received its continuation. In 2005 the company CBTL Holdings, that belongs to Mark Burby, a UK Jersey-based entrepreneur, filed an action against Smart Plus Investment Holdings, an offshore company registered in the British Virgin Islands. Directors and shareholders of the BVI company were Pengiran Ayub, a cousin of the Sultan of Brunei, and Pengiran Damit, the Sultan’s sister-in-law, as well as their business agent, Alice Koo. The cause of action was their reneging on the coffee shop deal.

The decision of the BVI High Court was in favour of CBTL Holdings; the court assessed damages at £46.9 million plus costs. Now it seems that the BVI company, belonging to the Sultan’s family members and their agent, failed to comply with the BVI court order. Smart Plus Investment Holdings is placed in liquidation. Now the liquidator appointed by the BVI court is investigating personal assets of company’s directors, with the intention to seize them.

Mr. Burby is a well-known British businessman which is said to have a personal fortune of £30m. He is a trained pilot whose private helicopter is used for maritime search and rescue.

Mr. Burby holds the UK franchise to The Coffee Bean & Tea Leaf – a popular US coffee chain. He alleged the Pengirans approached him in 2000 with an intention to invest £4.5 million (later £7 million) in the venture. But the funds did not materialize, which finally led to a lawsuit in the British Virgin Islands. To be continued…

Golden Meditech Company, Bio Garden Inc. and Mr. Yuen Kam

Tuesday, August 8th, 2006

One of the main shareholders of several China healthcare industry companies is Golden Meditech Company Ltd., incorporated on Cayman Islands.

Besides China Medical Technologies, Inc., whose shares are held by Golden Meditech (BVI) Company Ltd. (incorporated in the BVI), there are also
- Beijing Jingjing Medical Equipment Co. Ltd. – company engaged in the development, manufacturing and sale of hi-tech medical devices, 100% owned by Golden Meditech Company;
- Beijing Jiachenhong Biological Technologies Co. Ltd. – company engaged in providing Cord Blood Bank services, 51% owned by Golden Meditech;
- Qijieyuan Pharmaceutical Technology Development Co. Ltd. – company working in Chinese Herbal Medicine segment (most succesfull product – TangHerb), 51% owned by Golden Meditech
- Union China National Medical Equipment Co. Ltd. – engaged in the nationwide sale and distribution of medical equipment, from both foreign and domestic manufacturers, 37.8% owned by Golden Meditech.

The roots of Golden Medical Company go to 1990ies when Mr. Yuen Kam – the founder of the whole business – started to invest in research and development of the autologous blood recovery system. The Golden Meditech was incorporated in 2000, listed on Hong Kong’s GEM (Growth Enterprise Market) Board (8180.HK) in 2001 and the market capitalisation of Golden Meditech Company now is 3.18 billion HKD.

The main shareholder of Golden Meditech company empire is Bio Garden Inc. – the British Virgin Islands company, incorporated in accordance to BVI International Business Companies Act. Mr. Yuen Kam is the sole shareholder of Bio Garden Inc. – the BVI company with great power in Chinese hi-tech and unique medical and healthcare services sector.

Company strategy is strengthening core businesses and expanding product range and business segments through strategic merger and acquisition. One very good example mentioned by Mr. Yuen Kam is a company which Golden Meditech (BVI) Company invested back in 2003 and today it is known as the China Medical Technologies. China Medical Technologies was listed on NASDAQ in 2005, and its listing transformed $5 million investment into approximately $100 million, representing 20-fold increase in value to shareholders.