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Virgin Islands Statutes, Title 9

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Virgin Islands/Statutes

← All Virgin Islands coverage

Title 9, Banking

20 chapters · 557 sections in this title.

All chapters in Title 9557 Ch 26, Virgin Islands Finance Lenders159 Ch 23, Uniform Securities Act61 Ch 19, Savings and Loan Associations58 Ch 22, Uniform Money Services Act49 Ch 25, International Banking Center Regulat…43 Ch 20, Mortgage Loans38 Ch 15, Regulation of Small Loans and Pawnbr…37 Ch 11, Banking Transactions and Conduct of …36 Ch 3, Organization and Management of Banks15 Ch 24, Uniform Prudent Investors Act14 Ch 7, Merger or Consolidation8 Ch 17, Disclosure of Finance Charges8 Ch 1, General Provisions7 Ch 5, Regulation and Supervision of Banks …7

557 sections·Filtered byTitle 9✕

9 V.I.C. § 635 Federal covered investment adviser notice filing requirement
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(a) Except with respect to a federal covered investment adviser described in subsection (b), it is unlawful for a federal covered investment adviser to transact business in this State unless the federal covered investment adviser complies with subsection (c). (b) The following fe…
9 V.I.C. § 636 Registration by broker-dealers, agents, investment advisers, and investment adviser representatives
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(a) A person shall register as broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with section 671, and paying the fee specified in section 640 and any reasonable fees charged by th…
9 V.I.C. § 637 Succession and change in registration of broker-dealer or investment adviser
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(a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an inve…
9 V.I.C. § 638 Termination of employment or association of agents and investment adviser representative and transfer of employment or association

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(a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer, or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or federal covered inv…

9 V.I.C. § 639 Withdrawal of registration of broker-dealers, agents, investment advisers, and investment adviser representatives

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Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after filing of the application to withdraw or within such shorter period as required by rule or order under this chapter unless a revocation o…

9 V.I.C. § 640 Filing fees

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(a) A person shall pay a fee of $200 when initially filing an application as a broker-dealer for registration, and a fee of $50 when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the Administrator shall retain the entire fee…

9 V.I.C. § 641 Postregistration requirements

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(a) Subject to Section 15(h) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78o(h)) or Section 222 of the Investment Advisers Act of 1940 (15 U.S.C. Section 806–22), a rule or order under this chapter may establish minimum financial requirements for broker-dealers regi…

9 V.I.C. § 642 Denial, revocation, suspension, cancellation, withdrawal, restriction, condition, or limitation of registration

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(a) If the administrator finds that the order is in the public interest and subsection (d) authorizes the action, an order issued under this chapter may deny an application, or may condition or limit registration of an applicant to be a broker-dealer, agent, investment adviser, o…

9 V.I.C. § 651 General fraud

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(1) It is unlawful for a person, in connection with the offer, sale, or purchase of security, directly or indirectly:(1) to employ a device, scheme, or artifice to defraud;(2) to make an untrue statement of a material fact or to omit to state a material fact necessary in order to…

9 V.I.C. § 652 Prohibited conduct in providing investment advice

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(a) It is unlawful for a person that advises others, for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing or selling securities, or that, for compensation and as part of…

9 V.I.C. § 653 Evidentiary burden

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(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the exemption, exception, preemption, or exclusion. (b) In a criminal proceeding under this chap…

9 V.I.C. § 654 Filing of sales and advertising literature

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(a) Except as otherwise provided in subsection (b), a rule or order under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising communication relating to a security or investment advice, address…

9 V.I.C. § 655 Misleading filings

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It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, …

9 V.I.C. § 656 Misrepresentations concerning registration or exception

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The filing of an application for registration, a registration statement, a notice filing under this chapter, or the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Administrator tha…

9 V.I.C. § 657 Qualified immunity

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A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating…

9 V.I.C. § 658 Criminal penalties

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(a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except section 654 or the notice filing requirements of section 622 or 635, or that willfully violates section 655 knowing the statement made to be false or misleading in a ma…

9 V.I.C. § 659 Civil liability

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(a) Enforcement of civil liability under this section is subject to the Securities Litigation Uniform Standards Act of 1998. (b) A person is liable to the purchaser if the person sells a security in violation of section 621, or by means of an untrue statement of a material fact o…

9 V.I.C. § 660 Rescission offers

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(1) A purchaser, seller, or recipient of investment advice may not maintain an action under section 659 if:(1) the purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted:(A) an offer stating the respect in which liability under …

9 V.I.C. § 661 Administration of chapter

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(a) The Administrator shall administer this chapter. (b) It is unlawful for the Administrator or officer, employee or designee of the Administrator to use for personal benefit or the benefit of others records or other information obtained by or filed with the Administrator that a…

9 V.I.C. § 662 Investigations and subpoenas

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(a) The Administrator may:(1) conduct public or private investigations within or outside of this State that the Administrator considers necessary or appropriate to determine whether any person has violated, is violating, or is about to violate this chapter or a rule adopted or or…

9 V.I.C. § 663 Civil enforcement

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(a) If it appears to the Administrator that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, or that a person has, is, or is about to …

9 V.I.C. § 664 Administrative enforcement

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(a) If the Administrator determines that a person has engaged, is engaging, or is about to engage, in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, or that a person has, is, or is about to ma…

9 V.I.C. § 665 Rules, forms, orders, interpretative opinions, and hearings

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(a) The Administrator may:(1) issue forms and orders, and after notice and comment, may adopt and amend rules pursuant to Title 3, Chapter 35, Virgin Islands Code, necessary or appropriate to carry out this chapter, and may repeal rules, including rules and forms governing regist…

9 V.I.C. § 666 Administrative files and opinions

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(a) The Administrator shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings, applications for registration of broker-dealers, agents, investment advisers, and investment adviser repres…

9 V.I.C. § 667 Public records, confidentiality

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(a) Except as otherwise provided in subsection (b), records obtained by the Administrator or filed under this chapter, including a record contained in or filed with any registration statement, application, notice filing, or report, are public records and are available for public …

9 V.I.C. § 668 Uniformity and cooperation with other agencies

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(a) The Administrator shall, in its discretion, cooperate, coordinate, consult, and, subject to section 667, share records and information with the securities regulators of another State, Canada, a Canadian provinces or territory, a foreign jurisdiction; the Securities and Exchan…

9 V.I.C. § 669 Judicial review

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Final orders issued by the Administrator and rules adopted under this chapter are subject to judicial review by the Superior Court of the Virgin Islands.

9 V.I.C. § 670 Jurisdiction

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(a) Sections 621, 622, 631(a), 632(a), 633(a), 634(a), 651, 656, 659 and 660 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this State, or the offer to purchase or the purchase is made and accepted in this State. (…

9 V.I.C. § 671 Service of process

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(a) A consent to service of process required by this chapter must be signed and filed in the form required by rule or order under this chapter. A consent appointing the Administrator the person's agent for service of process in a noncriminal action or proceeding against the perso…

9 V.I.C. § 672 Severability

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If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provision…

9 V.I.C. § 681 Definitions

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(1) In this subchapter:(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.(2) “Register” including it…

9 V.I.C. § 682 Registration in beneficiary form; sole or joint tenancy ownership

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Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in ben…

9 V.I.C. § 683 Registration in beneficiary form; applicable law

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A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office maki…

9 V.I.C. § 684 Origination of registration in beneficiary form

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A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

9 V.I.C. § 685 Form of registration in beneficiary form

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Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.

9 V.I.C. § 686 Effect of registration in beneficiary form

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The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all, then surviving owners without the conse…

9 V.I.C. § 687 Ownership on death of owner

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On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the reg…

9 V.I.C. § 688 Protection of registering entity

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(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary assents to the protections given to t…

9 V.I.C. § 689 Nontestamentary transfer on death

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A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this subchapter and is not testamentary.

9 V.I.C. § 690 Terms, conditions, and forms for registration

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(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including request…

9 V.I.C. § 691 Application of subchapter; construction

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(a) This subchapter applies to registrations of securities in beneficiary form made before or after effective date of this subchapter, by decedents dying on or after effective date. (b) This subchapter must be liberally construed and applied to promote its underlying purposes and…

9 V.I.C. § 701 Short title

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This chapter may be cited as the “Uniform Prudent Investors Act.”

9 V.I.C. § 702 Prudent investor rule

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(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter. (b) The prudent investor rule, a default rule, may be expanded, res…

9 V.I.C. § 703 Standard of care; portfolio strategy; risk and return objectives

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(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A …

9 V.I.C. § 704 Diversification

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A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.

9 V.I.C. § 705 Duties at inception of trusteeship

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Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, …

9 V.I.C. § 706 Loyalty

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A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries.

9 V.I.C. § 707 Impartiality

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If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.

9 V.I.C. § 708 Investment costs

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In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee.

9 V.I.C. § 709 Reviewing compliance

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Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.