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PROPERTY TAX ISSUES ADDRESSED BY LIEUTENANT GOVERNOR’S OFFICE > CLICK HERE



OFFICE OF THE LIEUTENANT GOVERNOR

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 * News
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 * Contact Us
 * PROPERTY TAX DELINQUENCY LIST >>


CORPORATIONS & TRADEMARKS

  HomeUnited States Virgin Islands   –  Divisions   –  Corporations & Trademarks


CORPORATIONS & TRADEMARKS

 * Message from Director
 * Corporations and Trademarks Forms
 * Fee Listing
 * Frequently Asked Questions
 * Important Updates
 * How To Videos

MESSAGE FROM DIRECTOR

> LIEUTENANT GOVERNOR ROACH REMINDS BUSINESS ENTITIES OF UPCOMING ANNUAL FILING
> REQUIREMENTS FOR PROFIT AND NON-PROFIT CORPORATIONS, ALL PARTNERSHIPS, AND
> LIMITED LIABILITY COMPANIES TO SUBMIT FRANCHISE TAXES AND ANNUAL FILING FEES
> ON OR BEFORE JUNE 30, 2020 THROUGH THE DIVISION’S ONLINE SYSTEM, CATALYST. 
> THE FILINGS ARE NECESSARY FOR ALL SUCH ENTITIES TO REMAIN IN ACTIVE/IN GOOD
> STANDING STATUS AND TO CONDUCT BUSINESS IN THE TERRITORY.
> 
>  THE BUSINESS COMMUNITY IS INVITED TO ATTEND THE DIVISION OF CORPORATIONS AND
> TRADEMARKS’ VIRTUAL INFORMATION SESSIONS ON THE ONLINE CATALYST SYSTEM IN JUNE
> 2020.  SESSIONS ARE OPEN TO EXISTING AND NEW BUSINESS OWNERS, AND SERVICE
> PROVIDERS WHO ASSIST BUSINESSES WITH FILINGS TO THE DIVISION OF CORPORATIONS
> AND TRADEMARKS. FOR MORE INFORMATION, VISIT THE IMPORTANT UPDATES TAB AND
> REVIEW PRESS RELEASE NUMBERS 034-20 AND 035-20.

Thank you for your interest in registering a business entity in the United
States Virgin Islands. There are various types of business entities to choose
which include Trade Name, Corporation (Domestic, Foreign, Non-profit, Foreign
Non-profit, Professional, Foreign Professional, Trade and Labor, Foreign Trade
and Labor, Cooperative, Foreign Cooperative, Exempt, Foreign Exempt, Economic
Development, Virgin Islands Foreign Sales, and Alien), Limited Partnership,
Limited Liability Partnership, Limited Liability Limited Partnership, and
Limited Liability Company. All business entity registrations with the exception
of Exempt Limited Liability Companies shall be submitted to office using its
online system, Catalyst, at www.corporationsandtrademarks.vi.gov which is
available 24-hours 7-days a week.

The Office of the Lieutenant Governor through the Division of Corporations and
Trademarks serves as the registry for all corporate filing in the United States
Virgin Islands. This office files all corporate documents as required by the
Virgin Islands Code (Titles 11, Chapter 21; 13; 14 Section 611; and 26) and
provides information to the public on registration requirements, entity’s
status, officers, directors, members, managers, resident agent, partners, sole
proprietors, and other business purposes.

The division also maintain two other registries – Uniform Commercial Code (Title
11A) and Trademarks (Rules and Regulations 3§33). Lien records on file with the
division include financing statements, notice of lien, and judgment liens. For
trademarks, only federally registered instruments on file with the United States
Patents and Trademarks Office (USPTO) may be remitted for deposit to this
office.

This information will help you as you begin to explore available business
options. However, it cannot replace the specific knowledge and guidance that
must be provided by an attorney and tax advisor as you make your own personal
business decisions. This office does not serve any potential or current filers
in those capacities. Therefore, you are encouraged to seek assistance, when
necessary, as you move through this process from those experts.

Our experienced staff is always willing to assist you with any filing procedure.
A list of frequently asked questions is provided to help you. The Division of
Corporations and Trademarks of the Office of the Lieutenant Governor wishes you
much success in your new business ventures.

Denise Johannes

Director, Corporations and Trademarks

CORPORATIONS AND TRADEMARKS FORMS

The Division of Corporations and Trademarks has a new online system –
Catalyst.  Video Announcement

The Catalyst application allows business entities and trade names to easily
submit payments and corporate documents online, as well as maintain business
activity and history in one location, 24-hours, seven-days-a-week.

Using the registry allows the business community to:

 * Submit all forms and payments online
 * Request copies and certificates for immediate access
 * Perform online searches
 * Review returned forms for re-submission when applicable
 * Receive reminders of due dates for Annual Reports and Renewals

To conduct business, visit www.corporationsandtrademarks.vi.gov. Casual users
may learn of general details of registered business entities and trade names to
include the date of registration, entity type, status, resident agent with
address, and principal office address by clicking on the Corporation Search
button on the home page.

For new business entities and trade names, click on the link below to review the
Catalyst instructions for registration.

New Business Entities and Trade Names

Resident Agent Form

 * INSTRUCTIONS

 * PDF

 * FILLABLE

For existing business entities and trade names, click on the items below for
using the Catalyst system.

 * Existing Business Entities and Trade Names

 * Business and Trade Name Authorization Letter (Principals and Authorized
   Persons)
   

 * Business and Trade Name Authorization Letter (Trade Name Owners)

For Uniform Commercial Code (UCC) filers, click on link below to review the
Catalyst instructions.

Uniform Commercial Code (UCC) Online Filings

Customers of the Division of Corporations and Trademarks may review the
applicable sections of the Virgin Islands Code for the statutory requirements by
visiting www.lexisnexis.com/hottopics/vicode/. Review the location of the
applicable statutes under the purview of the division.

Title 11, Chapter 21 – Trade Names

Title 11A, Article 9 – Uniform Commercial Code

Title 13 – Corporations and Limited Liability Companies

Title 14, Chapter 30, Section 611 – Alien Corporations

Title 26 – Partnerships

Rules and Regulations Title 3, Section 33 – Trademarks

If you experience problems when opening in the browser, right click on the link,
for Explorer click Save Target As, for Netscape click Save Link As, and save to
a local directory. Open the saved file in Acrobat Reader.

FEE LISTING

Download the Division of Corporations and Trademarks Fee Listing for:

 * Corporation and Trademarks Fee Listing – (Business Entities and Trade Names)
   [Updated April 22 2019]
 * Corporation and Trademarks Fee Listing – (Trademarks) [Updated April 22 2019]
 * Corporation and Trademarks Fee Listing – (Uniform Commercial Code)

FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS & GLOSSARY OF TERMS

GLOSSARY OF TERMS

USING THE DIVISION OF CORPORATIONS AND TRADEMARKS CATALYST ONLINE SYSTEM

 * How does a user gain access to his online account in Catalyst when locked
   out?  Kindly contact the division at 340.774.2991 for further assistance.
 * If a user forgets user name and password, how does one gain access to the
   online Catalyst system?  For user name, kindly contact the division at
   340.774.2991 for further assistance.  For password, click forgot password on
   log in page and complete the instructions.
 * What is the expedite fee (24-Hour Priority Handling)?  It is a one-time
   $250.00 payment per filing per submission for the filer to receive a response
   from the division by the next business day.  In the event that the filing is
   returned for revision and the filer wishes to have a response from the
   division by the next business date, another $250.00 fee shall be remitted.
 * What is the duration for standard processing?  Notification will follow
   within seven (7) days.
 * What is the refund/credit-on file policy?  Registration is not guaranteed and
   only money paid when not required may be refunded. A filer may request a
   refund or credit-on-file in writing to the division.  A determination is
   rendered based upon the review of the information.  The expedite, business
   and trade name reservation fees are non-refundable. Credit-on-file is
   non-transferrable.
 * What are the acceptable forms of payment in the Catalyst system? The forms of
   payment are Mastercard, Visa or ATH.  For cash, money orders and checks, the
   payments instruments shall be remitted directly to the division’s locations –
   52E-1 Estate Thomas (Builders Emporium) on St. Thomas and 1105 King Street
   (Government House) in Christiansted, St. Croix.  These alternate payment
   instruments shall be only remitted once the filing exists in Catalyst and it
   was saved and exited.

BUSINESS ENTITIES AND TRADE NAMES

 * What is the difference between business or trade name reservation and
   registration?  A business or trade name reservation is an application for use
   to hold a desired name for future use.  A business or trade name registration
   is application submitted to the division for ownership.  A reservation is not
   a registration.
 * What is the renewal period for a trade name registration?  Every person,
   partnership, copartnership, association, company, or corporation doing
   business in the United States Virgin Islands under a trade name pursuant to
   this chapter shall file an application to renew its tradename every two years
   and pay a fee of $50 to the Office of the Lieutenant Governor. Any person,
   partnership, copartnership, association, company, or corporation which fails
   to renew its trade name within six months of the expiration date as required
   by this chapter, shall cease title to the trade name, and said tradename
   shall become available to anyone who files for the tradename and pays the
   required registration fee. (Title 11, Section 1213 VIC)
 * What is the due date for annual reports?  Corporations, partnerships (limited
   partnerships, limited liability partnerships, limited liability limited
   partnerships), and limited liability companies shall remit report by or
   before June 30th of every year for the business entity’s last tax closing
   year. (Title 13, Sections 371, 373, 1211 and Title 26, Section 223 VIC)
 * When did the franchise tax minimum increase for domestic and foreign profit
   corporations?  The franchise tax minimum increased from $150.00 to $300.00 on
   January 29, 2018 pursuant to Act No. 8027.  The same act amended Section 531,
   Title 13 of the Virgin Islands Code (Rate and Computation of Franchise Tax).
 * What documents are available to the public?  Business entity and trade name
   documents available to the public for a cost are registration applications,
   charter (articles, amendments, mergers, resident agent and principal office
   change, dissolution, termination), franchise tax and annual reports except
   financial statements which are confidential and proprietary information.

UNIFORM COMMERCIAL CODE (UCC)

 * What is the duration of a UCC financing statement on file with the division?
    UCC financing statements are on file with the division for five (5) years
   unless it is continued within the six-month window prior to the lapse date. 
   Judgment liens are on file for ten (10) years.  Public-Finance and
   Manufactured-Home transactions are on file for thirty (30) years.  A
   transmitting utility filing is on file until terminated.

TRADEMARKS

 * What is a trademark?  A trademark is a brand name. A trademark or service
   mark includes any word, name, symbol, device, or any combination, used or
   intended to be used to identify and distinguish the goods/services of one
   seller or provider from those of others, and to indicate the source of the
   goods/services. (uspto.gov)
 * How long does the trademark registration lasts?   For a trademark
   registration to remain valid at the United States Patents and Trademarks
   Office, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between
   the fifth and sixth year following registration, and (2) within the year
   before the end of every ten-year period after the date of registration. The
   registrant may file the Section 8 Affidavit within a grace period of six
   months after the end of the sixth or every tenth year, with payment of an
   additional fee. The registrant must also file a Section 9 renewal application
   (Section 9 Renewal) within the year before the end of each successive 10-year
   period following the date of registration, or within a grace period of six
   months thereafter, with payment of an additional fee. Assuming the Section 8
   Affidavit and Section 9 Renewal are timely-filed as indicated above, the
   registration will be renewed for a 10-year term. If the Section 8 Affidavit
   and Section 9 Renewal are not timely filed, the registration will be
   cancelled. Registrations cancelled due to the failure to file a Section 8
   Affidavit and Section 9 Renewal cannot be revived or reinstated. (uspto.gov)
    The United States Virgin Islands honors the dates issued by the United
   States Patents and Trademarks Office.

IMPORTANT UPDATES

PRESS RELEASES & NOTICES

Press Release 035-20 – Corporations and Trademarks Virtual Information Sessions

Press Release 034-20 – Franchise Tax Trade Name Renewal Reminder

Press Release 068- Corporations and Trademarks Information Sessions

Press Release 007-20 – Corporations and Trademarks Active Compliance Feature

Press Release 010-20 Corporations and Trademarks Information Sessions

Catalyst System Information Sessions March 2020

ACTS

Act No 6487 – Prohibit new business formation without proof of tax satisfaction
for dissolved entities

Act No. 8027 – Capital Definition for Calculation of Franchise Tax along with
Franchise Tax Minimum and Maximum

Act No 8258 – Requiring business licenses be issued within ten business days and
authoring DLCA to hold casue hearing to refuse, revoke and suspend license for
non-compliance

HOW TO VIDEOS

Coming Soon




CONTACT

 * 340-773-6449 (St. Croix)
 * 1131 King Street, Suite 101
   Christiansted, St. Croix,
   Virgin Islands 00820

 * 


CONTACT

 * 340-774-2991 (St. Thomas/St. John)
 * 5049 Kongens Gade
   St. Thomas, Virgin Islands 00802

Copyright 2019