Title 3, Executive

For the purposes of sections 767a through 767e of this chapter, “persons eligible for early retirement” means a police officer, firefighter, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshals and probation officers of the Superior Court…

Notwithstanding any contrary provision of this chapter, the Board may not increase employer or employee contribution amounts to the system without obtaining legislative approval.

(a) The right of any member or other beneficiary to an annuity, benefit or refund accrues as of the date of enactment of this chapter. (b) Except as otherwise provided, any annuity provided herein is payable for life in equal semi-monthly installments on the fifteenth and last da…

(a) Except as specifically provided otherwise in this chapter and subject to subsection (b), the rights of a person to any annuity or benefit or right accrued or accruing to any person under the provision of this chapter and the various monies in the system created by this chapte…

(a) Any member having accumulated unused sick leave at date of retirement is entitled to service credit towards the service retirement annuity to which the member may be entitled. The credit for accumulated unused sick leave is one month for any period of fourteen to twenty-six d…

(a) [Deleted.] (b) Each person who becomes a member of the Judiciary after the date of enactment of this chapter, who is not a participant by previous appointment, shall automatically become a member of the system and be subject to compensation deductions hereunder, unless within…

(a) The Supplemental Contributions Program is hereby established to be a defined contribution plan pursuant to Title 26, Section 414, subsection (i) United States Code. This program shall operate solely at the option of the participants and shall in no way obligate employers for …

The design and administration of the Supplemental Contributions Program must conform to the applicable provisions of Title 26 of the United States Code and the Internal Revenue Code.

If any provision of this chapter or application thereof to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application by a court of competent ju…

(a) “Account” means the account maintained with respect to the participant which reflects the aggregate value of the following amounts credited to the participants:(1) Employee after-tax contributions to the plan.(2) Net earnings of the Supplemental Contributions Program allocabl…

(a) Except as provided in this chapter, the Board shall administer the plan in conformity with its powers and duties for administration of the system as set forth in section 715 of this chapter. The Board shall, to the extent that it determines feasible, establish the procedures …

(a) The Board shall adopt rules and regulations embodying the material terms and conditions of the plan consistent with this chapter and the applicable provisions of Title 26 of the United States Code. (b) The Board may, as it considers necessary or appropriate, amend the plan co…

(a) With regard to the plan, the board may not engage in any transaction prohibited by Title 26, Section 503, subsection (b) of the United States Code. (b) The Board may require a third-party administrator, record keeper, custodian, or investment manager that is contracted with, …

(a) Employee contributions to the plan are made solely at the option of the participant. (b) Employee contributions may be made directly by the participant to the plan on a periodic basis as specified by the Board, or may be withheld from the employee's compensation after taxes a…

(a) The net earnings of the fund must be allocated to the participant's account as of each valuation date. (b) The value of each participant's account must be determined at least once annually in a manner prescribed by the Board. (c) A participant shall receive a statement that d…

(a) The participant may designate any person or persons as beneficiaries to receive any amount that may be payable upon the death of the participant pursuant to the provisions of this chapter. The beneficiary or beneficiaries must be designated on a form prescribed by the board, …

(a) Upon termination for any reason other than death, disability, or retirement, a participant is entitled to a lump sum distribution of the balance of the participant's account within a reasonable time following the valuation date immediately following the date of the applicatio…

(a) Any participant who is entitled to a distribution may elect to receive the distribution in either of the following forms:(1) A single lump sum payment.(2) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the par…

(a) The plan's obligations to a participant, beneficiary, or nonparticipant spouse who elected a lump sum distribution cease upon distribution of the lump sum benefit.(1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticip…

(a) The Lieutenant Governor may appoint and commission not more than 600 notaries public for the Virgin Islands, exclusive of notaries public ex officio and members of the Virgin Islands Bar, who shall hold office for a period of four years. The Executive Secretary of the Legisla…

(a) (1) In addition to the notaries public appointed under section 771, the Lieutenant Governor may authorize and empower, subject to section 831(b), special notaries, who are employees of the Government of the Virgin Islands to take acknowledgments of deeds and administer oaths …

(a) Notaries public may take acknowledgments of deeds and other instruments, administer oaths and affirmations, and perform such other acts as may be authorized by law. (b) No notary public may serve as both a subscribing witness and the notary public on a deed or other document …

(a) Each notary public may charge and retain a fee not to exceed $5.00 for each document notarized or for each time his or her seal is affixed to a document; but a notary public may not charge a fee that exceeds $15 for each document notarized or for each time the notary public’s…

This subchapter may be cited as the Virgin Islands Revised Uniform Law on Notarial Acts (2022).

(1) In this subchapter:(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record…

This subchapter applies to a notarial act performed on or after the effective date of this subchapter.

(a) A notarial officer may perform a notarial act authorized by this subchapter or by other law. (b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse, or civil partner, is a party or in which either of them ha…

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the…

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notaria…

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:(1) the individual executing the record is competent or has the capacity to execute the record; or(2) the individual’s signature is knowingly and voluntarily made. (1) the individual …

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (nam…

(a) A notarial act may be performed in the Virgin Islands by:(1) a notary public of the Virgin Islands;(2) a judge, clerk, or deputy clerk of a court of the Virgin Islands;(3) an individual licensed to practice law in the Virgin Islands; or(4) any other individual authorized to p…

(a) A notarial act performed in another state has the same effect under the law of the Virgin Islands as if performed by a notarial officer of the Virgin Islands, if the act performed in that state is performed by:(1) a notary public of that state;(2) a judge, clerk, or deputy cl…

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of the Virgin Islands, if the act performed in the jurisdiction of the tribe is performed by:(1) a notary publ…

(a) A notarial act performed under federal law has the same effect under territorial law as if performed by a notarial officer of the Territory, if the act performed under federal law is performed by:(1) a judge, clerk, or deputy clerk of a court;(2) an individual in military ser…

(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is perf…

(a) In this section:(1) “Communication technology” means an electronic device or process that:(A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and(B) when necessary and consistent with other applicable …

(a) A notarial act must be evidenced by a certificate. The certificate must:(1) be executed contemporaneously with the performance of the notarial act;(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as …

(1) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 825(a) and (b):(1) For an acknowledgment in an individual capacity:State of [County] of This record was acknowledged before …

(1) The official stamp of a notary public must:(1) include the notary public’s name, jurisdiction, commission expiration date, and other information required by the Office of the Lieutenant Governor; and(2) be capable of being copied together with the record to which it is affixe…

(a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. (b) (1) Upon the suspension of a notary public’s commission, the notary public shall deposit the notary pub…

(a) A notary public, other than an individual licensed to practice law in the Virgin Islands, shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the perfor…

(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has…

(a) An individual qualified under subsection (b) may apply to the Office of the Lieutenant Governor for a commission as a notary public. The applicant shall comply with and provide the information required by regulations established by the Office of the Lieutenant Governor and pa…

(a) The Office of the Lieutenant Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public…