Business qualifications; application to participate

11 V.I.C. § 1270b — under Small Business Development.

11 V.I.C. § 1270b

(a) A business enterprise may not participate in a program established under this subchapter unless the business enterprise has demonstrated its capability to perform and has been issued a certificate of registration under the provisions of this subchapter or has been issued a provisional certification under regulations issued pursuant to this subchapter.

(b) (1) An enterprise seeking to be certified as a local, small, or disadvantaged business enterprise, as a resident-owned business, enterprise, or as a local business enterprise with its principal office located in an enterprise zone shall file with the Director a written application on such form as may be prescribed by the Director.(2) The application must include, at a minimum, the following documents and information:(A) A certification of the correctness of the information provided;(B) Written evidence that the applicant is:(i) A bona fide local business enterprise;(ii) A bona fide disadvantaged business enterprise;(iii) A bona fide small business enterprise;(iv) A bona fide local business enterprise located in an enterprise zone;(v) bona fide resident-owned business; or(vi) A bona fide longtime resident business;(C) Evidence of ability and character;(D) Evidence of financial position, which may be the applicant’s most recent financial statement. For the purposes of this subparagraph, the term “recent” means produced from data no more than 90 days before the application date;(E) Any other information the Director may require; and(F) Federal income tax returns, both corporate and personal.

(1) An enterprise seeking to be certified as a local, small, or disadvantaged business enterprise, as a resident-owned business, enterprise, or as a local business enterprise with its principal office located in an enterprise zone shall file with the Director a written application on such form as may be prescribed by the Director.

(2) The application must include, at a minimum, the following documents and information:(A) A certification of the correctness of the information provided;(B) Written evidence that the applicant is:(i) A bona fide local business enterprise;(ii) A bona fide disadvantaged business enterprise;(iii) A bona fide small business enterprise;(iv) A bona fide local business enterprise located in an enterprise zone;(v) bona fide resident-owned business; or(vi) A bona fide longtime resident business;(C) Evidence of ability and character;(D) Evidence of financial position, which may be the applicant’s most recent financial statement. For the purposes of this subparagraph, the term “recent” means produced from data no more than 90 days before the application date;(E) Any other information the Director may require; and(F) Federal income tax returns, both corporate and personal.

(A) A certification of the correctness of the information provided;

(B) Written evidence that the applicant is:(i) A bona fide local business enterprise;(ii) A bona fide disadvantaged business enterprise;(iii) A bona fide small business enterprise;(iv) A bona fide local business enterprise located in an enterprise zone;(v) bona fide resident-owned business; or(vi) A bona fide longtime resident business;

(i) A bona fide local business enterprise;

(ii) A bona fide disadvantaged business enterprise;

(iii) A bona fide small business enterprise;

(iv) A bona fide local business enterprise located in an enterprise zone;

(v) bona fide resident-owned business; or

(vi) A bona fide longtime resident business;

(C) Evidence of ability and character;

(D) Evidence of financial position, which may be the applicant’s most recent financial statement. For the purposes of this subparagraph, the term “recent” means produced from data no more than 90 days before the application date;

(E) Any other information the Director may require; and

(F) Federal income tax returns, both corporate and personal.

(c) The Chief Executive Officer shall issue to the applicant a certificate of registration if:(1) The information provided in the application or additional filings is satisfactory to the Director;(2) The business enterprise meets the standards of this subchapter; and(3) The applicant fulfills other requirements as may be established by the Chief Executive Officer.

(1) The information provided in the application or additional filings is satisfactory to the Director;

(2) The business enterprise meets the standards of this subchapter; and

(3) The applicant fulfills other requirements as may be established by the Chief Executive Officer.

(d) A certificate of registration expires 2 years from the date of approval of the application. A business enterprise that is registered with the Small Business Development Agency may voluntarily relinquish its registration as a certified business enterprise at any time before the expiration of the 2-year term.

(e) Chief Executive Officer shall give priority in reviewing applications submitted pursuant to subsection (b) of this section to any business enterprises that has received a provisional certification.