Accessing beneficial ownership information in the BVI: the new "legitimate interest" regime

Effective 1 April 2026, the BVI will implement a "legitimate interest" framework for accessing beneficial ownership information.  

This move represents a significant shift in corporate transparency, evolving from a system once reserved strictly for law enforcement into a more balanced model that aligns with modern international standards. 

The purpose of this legislative update is to ensure the BVI remains a leading and compliant jurisdiction, while also protecting privacy of individuals. Only those with a valid and specific reason, such as investigating or preventing financial crime, can access beneficial ownership (BO) information. This means transparency will only be used where necessary. 

Who can access the registry for beneficial ownership information? 

Access to beneficial ownership information is no longer restricted solely to law enforcement. The following parties are now permitted to request beneficial ownership data, provided they meet the strict "legitimate interest" criteria: 

• Competent authorities and law enforcement: these bodies maintain direct access for official duties and criminal investigations 
• UK-BVI exchange of notes: this includes parties involved in established international sharing agreements for tax and legal cooperation
• Third parties with "legitimate interest": this includes "obliged entities" such as financial institutions and law firms, as well as journalists and civil society organisations who can demonstrate that their enquiry serves the public interest

Requirements for access to beneficial ownership information 

To request an inspection via the online portal, an applicant must demonstrate interest by providing credible evidence that the request is for investigating money laundering, terrorist financing or fulfilling regulatory AML / KYC obligations and pay a non-refundable US$75.00 inspection fee, per request. 

While entities file at a 10% threshold, disclosure is limited to beneficial owners holding 25% or more interest.  

Objection and appeal process  

The BVI regime includes robust checks and balances to protect individuals from unnecessary exposure. When a valid request is received by the registrar, the entity’s Registered Agent will be notified. 

Objection: the entity has five business days to file a "notice of objection" with the registry. Valid grounds include a reasonable belief that disclosure would expose the beneficial owner to a serious risk of fraud, kidnapping, violence or intimidation, or where the owner is a minor.  

Appeal: if the registrar intends to proceed despite an objection, the entity has a three business day window to file a "notice of intent" to appeal. This filing acts as an automatic stay, preventing the release of data while the matter is reviewed by the registrar.  

Appeal board: a formal appeal must be submitted to the registrar within 21 days. This ensures that requester's interest truly outweighs the potential for serious harm to the individual.  

Exemptions 

As of 2 January 2026, entities can apply for advance exemptions, ensuring their privacy is shielded before a third-party request is made. The grounds on which an exemption may be filed are:

• reasonable grounds to believe that any disclosure would place a BO or a BO's spouse, live-in partner, child (biological or adopted), parent, or sibling (full blood or half-blood) at serious risk of fraud, kidnapping, blackmail, extortion, harassment, violence, intimidation, or other similar harm
• information relates to a child or an individual who lacks legal capacity
• information will or is likely to raise or affect issues of national security, whether in the British Virgin Islands or elsewhere 
• request is of a nature that the registrar should consider not to be in the public interest to accede to  
• any other special reasons existing that would warrant refusal 

Should you have any questions on the Legitimate Interest Regime or require assistance with applying for an advanced exception, reach out to your usual Ogier contact or the team below.  

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice