USVI Public Records

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Rev’d January 1, 2022 page GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES -o- OFFICE OF THE LIEUTENANT GOVERNOR NOTARY DIVISION USVI BUSINESS NOTARIES WHAT IS A BUSINESS NOTARY? A Business Notary is an individual whose employer has paid the commission fees, the fees for the notary bond, and the notarial supplies that the Notary will be using. Notary commissions are no longer granted to persons as individuals when their employers have paid the commission fees, the notary bond, and fees for notarial supplies. WHO OWNS THE NOTARY COMMISSION, SEAL AND JOURNAL OF A BUSINESS NOTARY? When an employer has paid for the Notary Commission, the Notary Seal, and the Notary Journal, these notarial supplies are the property of the employer. ARE THERE RESTRICTIONS ON WHAT DOCUMENTS A BUSINESS NOTARY MAY NOTARIZE? Yes. Business notaries are only allowed to perform work related transactions. Example: Bank & Hotel notaries may only notarize transactions related to the bank or hotel that paid for, and therefore owns, the notarial supplies. • An employer has the right to prohibit a business notary from notarizing outside of work hours. • An employer also has the right to restrict a notary from performing non-work- related notarizations during work hours. • A Notary must follow any agreement made with the employer on how to use the employer’s notarial supplies. WHO IS RESPONSIBLE FOR SECURING THE NOTARY SUPPLIES? Even though the employer owns the notary stamp & journal, the notary must always control and safeguard these tools. The law prohibits the use of a seal by anyone other than the Notary in whose name the commission was issued, and the Office of the Lieutenant Governor requires all Notaries to store their tools in a locked and secure area. If stored at the office, the tools must be kept in a place that only the Notary can access. Rev’d January 1, 2022 page WHAT ARE MY LEGAL AND ETHICAL OBLIGATIONS AS A BUSINESS NOTARY? A Business Notary’s obligation is to the US Virgin Islands and the employer who owns your notary commission. The journal and stamp do not depart with the Notary, rather, the employer is allowed to retain employee’s Notary seal and journal records upon termination of employment. All business organizations that have a business notary on staff must have all journals ready for inspection by the Office of the Lieutenant Governor at any time. Business Organizations must follow the law! Many employers who do not understand the purpose and protections of notarization push their Notary-employees to perform improper or illegal acts. This is an issue that increases the legal risks to the public, the company and to the Notary. US Virgin Islands law and ethical practices always take precedence over employer requests. Example: An employer cannot ask you to violate the law by ignoring personal appearance or ID requirements for clients. WHO GETS TO KEEP THE FEES, THE NOTARY OR THE EMPLOYER? A written agreement between a Notary and the employer is the best way to clear up the confusion concerning notary fees. Fees collected during business hours generally belong to the employer. WHAT MAKES A BUSINESS NOTARY SEAL DIFFERENT FROM A REGULAR SEAL? Virgin Islands law requires every notary to use an impression seal and stamp bearing blue ink only! The seal must indicate the name of the Business Notary exactly as indicated on the commission, the date of expiration of the commission, the judicial district, and the NAME OF THE BUSINESS ORGANIZATION on whose behalf you will be using the seal. The rubber-stamp of the Business Notary must also contain certain information on every notarized document completed. This information must be capable of photographic reproduction. This information consists of the name of the Business Notary exactly as it appears on the commission, the expiration date of the commission, the notary public commission number, and the NAME OF THE BUSINESS ORGANIZATION on whose behalf you will be using the stamp. Please see below for important update on what must be included on the stamp and seal of a Business Notary. IMPRINT OF NOTARY SEAL – The Information captured on the stamp and seal of every Business Notary must include: 1. Name as it appears on Notary Commission documents 2. The words “NOTARY PUBLIC” with the NAME OF THE BUSINESS ORGANIZATION on whose behalf you will be using the stamp and seal 3. Notary Public Number ex. NP 900-2022 4. Commission Expiration (MM/DD/YYYY) 5. Judicial District – (STT/STJ USVI) or (STX USVI)