D.L.C.A. Launches Licensing Compliance Initiative Grace Period Expires

The Department of Licensing and Consumer Affairs (D.L.C.A.) is hosting a licensing compliance initiative to progressively phase out the Territorial Emergency Management Act (T.E.M.A.) policy period, found in 23 V.I.C. § 1005, a release the department issued today has made known.

The T.E.M.A. police is as follows: During the State of Emergency period, all D.L.C.A. licensees with expired business licenses were granted an opportunity to submit a renewal application with a written request for waiver of penalty fees with justification. This written request will be considered by the commissioner for assistance to come into compliance to support the territories demand for recovery project work, the release said. The commissioner retains discretion to deny requests for waiver of penalty fees based on the circumstances presented in the request for waiver.

Businesses are invited to negotiate penalties by presenting any written documents such as receipts, financial statements and certified letters, according to the release. These documents will be evaluated on a case by case basis in order to determine the level of justification for inability to comply with licensing policies violated. December 31, 2018 is the official expiration date of the T.E.M.A. policy period.

Core Renewal Requirements local business entities:

• Business and/or Professional/Trade License Renewal Application(s) with the D.L.C.A.
• Renewal Application processing fee(s) and licensing renewal fees
• Certificate of Insurance showing proof of coverage in the Territory
• Certificate of Existence showing proof of registration to do business in the Virgin
  Islands
• Proof of good standing to do business in the Territory
• Proof of tax compliance with Bureau of Internal Revenue (B.I.R.)
• Proof of compliance with Corporations Division by providing copies of franchise tax
  return with payment, current annual report, current trade name certificate, and
  current consent for resident agent for service of process

In order to receive full payment under a government- issued contract for services rendered within the State of Emergency period, D.L.C.A. licensee must submit:

• Certificate of Existence showing registration to do business in the territory
• Certificate of Good Standing showing compliance with the VI LGO Corporations
  Division
• Tax Clearance Letter
• Proof of Police Background Clearance from VI Police Department of the Licensee’s
• Corporate Principles or Owner/Operator/Manager for Sole Proprietorship

D.L.C.A. said it will conduct reviews to determine completion of all outstanding required documents. This includes compliance with all applicable Virgin Islands laws for doing business in the territory; the regulatory laws of the Department of Labor, VI Bureau of Internal Revenue, Department of Planning and Natural Resources, Department of Health, and the Department of Motor Vehicles, according to the release.