Title 11 — Commerce, Technology and Trade
12 chapters · 142 sections in this title.
11 V.I.C. § 101 Short title
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This chapter may be cited as the “Uniform Electronic Transactions Act”.
11 V.I.C. § 102 Definitions
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(1) In this chapter:(1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.(2)…
11 V.I.C. § 103 Scope
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(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by:(1) a law governing the creation and execution of w…
11 V.I.C. § 104 Prospective application
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This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.
11 V.I.C. § 105 Use of electronic records and electronic signatures; variation by agreement
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(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which has agreed…
11 V.I.C. § 106 Construction and application
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(1) This chapter must be construed and applied:(1) to facilitate electronic transactions consistent with other applicable law;(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and(3) to effectuat…
11 V.I.C. § 107 Legal recognition of electronic records, electronic signatures, and electronic contracts
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(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be …
11 V.I.C. § 108 Provision of information in writing; presentation of records
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(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an el…
11 V.I.C. § 109 Attribution and effect of electronic record and electronic signature
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(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…
11 V.I.C. § 110 Effect of change or error
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(1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other…
11 V.I.C. § 111 Notarization and acknowledgment
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If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…
11 V.I.C. § 112 Retention of electronic records; originals
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(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic r…
11 V.I.C. § 113 Admissibility in evidence
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In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
11 V.I.C. § 114 Automated transaction
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(1) In an automated transaction, the following rules apply:(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.(2) A contract may b…
11 V.I.C. § 115 Time and place of sending and receipt
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(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic re…
11 V.I.C. § 116 Transferable records
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(a) In this section, “transferable record” means an electronic record that:(1) would be a note under Title 11A, section [3-104], Virgin Islands Code or a document under Title 11A, section [7-102], Virgin Islands Code if the electronic record were in writing; and(2) the issuer of …
11 V.I.C. § 117 Creation and retention of electronic records and conversion of written records by government agencies
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Each governmental agency, department and independent instrumentality of the Government of the Virgin Islands may determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
11 V.I.C. § 118 Acceptance and distribution of electronic records by governmental agencies
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(a) Except as otherwise provided in section 112(f), each governmental agency, department and independent instrumentality of the Government of the Virgin Islands shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures …
11 V.I.C. § 119 Interoperability
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The governmental agency, department and independent instrumentality of the Government of the Virgin Islands which adopts standards pursuant to section 118 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies, …
11 V.I.C. § 120 Severability clause
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…
11 V.I.C. § 921 Business records to be kept
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Every person engaged in trade who holds a license for which the initial fee of $25 or more is paid shall keep a daybook and a ledger, in which he shall record his business transactions.
11 V.I.C. § 922 Failure to keep business records; penalty
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If any trader as classified in section 921 of this title is found without the books required by such section, or fails to record his business transactions therein, he shall be fined not more than $50.
11 V.I.C. § 951 Legal rate of interest
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(a) The rate of interest shall be nine (9%) per centum per annum on—(1) all monies which have become due;(2) money received to the use of another and retained beyond a reasonable time without the owner's consent, either express or implied;(3) money due upon the settlement of matu…
11 V.I.C. § 952 Usury
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No person shall, directly or indirectly, receive in money, goods, or things in action, or in any other manner, any greater sum or value for the loan or use of money, or upon contract founded upon any bargain, sale or loan of wares, merchandise, goods, chattels, lands and tenement…
11 V.I.C. § 953 Usury; borrower's right to collect double damage
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If usurious interest, as defined by sections 951 and 952 of this title, shall be received or collected, the person or persons paying the same, or their legal representatives, may by an action brought within two years after such payment, receive from the person, firm, or corporati…
11 V.I.C. § 954 Forfeiture of interest
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If it is ascertained in any action brought on any contract, that a rate of interest has been contracted for greater than is authorized by this chapter, whether directly or indirectly, in money, property, or other valuable thing, or that any gift or donation of money, property, or…
11 V.I.C. § 955 Rights of assignee of usurious contract
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Nothing in this chapter shall be construed to prevent a bona fide assignee of any usurious contract, who had no notice of the usury affecting the contract, from recovering against his immediate assignor, or the original usurer, the full amount paid by him for such contract.
11 V.I.C. § 956 Usury; effect of agreement to pay taxes
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(a) All contracts made and entered into by and between the borrower and lender, debtor and creditor or mortgagor and mortgagee, on which the rate of interest is six per centum or under, wherein one party agrees to pay the taxes on the debt, credit, or mortgage existing or entered…
11 V.I.C. § 957 Legal rate of interest on credit cards
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Notwithstanding any other provisions of law to the contrary, the rate of interest charged by a “card issuer” of a “credit card”, as such terms are defined by 15 U.S.C., § 1602, shall be governed by laws of the state of incorporation of the card issuer.
11 V.I.C. § 958 Defenses in court
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Notwithstanding section 951 of this chapter, no corporation, general partnership, limited partnership, limited liability partnership, limited liability company, or any other business entity, however formed, may plead any law against usury, including any restriction or prohibition…
11 V.I.C. § 1001 Short title
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This chapter may be cited as the Uniform Trade Secrets Act.
11 V.I.C. § 1002 Definitions
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(a) As used in this chapter, unless the context requires otherwise:(a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;(b) “Misappropriation” means:(1) acqu…
11 V.I.C. § 1003 Injunctive relief
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(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial …
11 V.I.C. § 1004 Damages
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(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the …
11 V.I.C. § 1005 Attorney's fees
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If (1) a claim of misappropriation is made in bad faith, (2) a motion to terminate an injunction is made or resisted in bad faith, or (3) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
11 V.I.C. § 1006 Preservation of secrecy
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In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering a…
11 V.I.C. § 1007 Statute of limitations
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An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
11 V.I.C. § 1008 Effect of other law
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(a) Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect:(1) contractual remedies, whether or not based upon mis…
11 V.I.C. § 1009 Uniformity of application and construction
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
11 V.I.C. § 1010 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 the chapter which can be given effect without the invalid provision or application, and to this end the provision…
11 V.I.C. § 1010a Administration and enforcement [Renumbered]
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The provisions of this chapter shall be administered and enforced by the Consumer Services Administration under the direction and general supervision of the Director of Consumer Services.
11 V.I.C. § 1011 Investigation of prices; power of subpoena
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(a) The Consumer Services Administration may investigate the prices at which all articles of food and general supplies are sold or purchased by importers, merchants, dealers, producers, manufacturers or consumers. (b) For the purpose of subsection (a) of this section, the invoice…
11 V.I.C. § 1012 Setting prices and quantities for sale
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(1) The Consumer Services Administration may determine the prices and quantities at which all or any article of food and general supplies may be sold by wholesalers, retailers, producers, or manufacturers provided:(1) a reasonable margin of profit is allowed; and(2) a wholesale p…
11 V.I.C. § 1013 Restricting exportation to provide for local consumption
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The Consumer Services Administration may, subject to approval of the Governor, restrict exportation of all locally produced or imported manufactured articles of food, and general supplies to the extent of the amount required for local consumption.
11 V.I.C. § 1014 Publication of approved selling prices
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(a) The Consumer Services Administration shall publish regularly and at least once a month a schedule of the approved selling price of basic food commodities and general supplies. (b) All supermarkets must provide a price list for all milk, bread, rice, flour, potatoes, cereal, j…
11 V.I.C. § 1015 Power to make rules and regulations
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The Consumer Services Administration may make all rules and regulations necessary to efficiently carry out the powers herein granted.
11 V.I.C. § 1051 Appeal to Consumer Services Administration
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Any person aggrieved by an order issued under this chapter may appeal to the Consumer Services Administration within 10 days after issuance of the order. The Director of Consumer Services shall issue an order affirming, modifying, or reversing the order from which the appeal was …
11 V.I.C. § 1052 Judicial review
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(a) Within ten days after issuance of an order of the Consumer Services Administration under section 1051 of this title, any aggrieved party may file a petition to review such action in the District Court and shall forthwith serve a copy of such petition upon the Director of Cons…
11 V.I.C. § 1071 Penalties
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(1) Whoever—(1) refuses to appear before the Consumer Services Administration when summoned; or(2) refuses to testify; or(3) testifies falsely; or(4) fails to produce invoices or documents required; or(5) sells at a price other than prescribed by the Consumer Services Administrat…
11 V.I.C. § 1201 Registration of business name by person, partnerships and associations
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A person doing business in the United States Virgin Islands under any name other than his own, and every copartnership or association of individuals, except corporations, doing business in the United States Virgin Islands, resident or nonresident, shall file in the office of the …