2019 US Virgin Islands Code
Title 13 - Corporations and Associations
Chapter 1 - General Corporation Law
Subchapter XIV - Foreign Corporations
§ 407. Withdrawal of foreign corporation; service of process
(a) Any foreign corporation which shall have qualified to do business in the United States Virgin Islands under the provisions of section 401 of this title may surrender its authority to do business in the United States Virgin Islands and may withdraw therefrom by filing with the Lieutenant Governor a—
(1) certificate signed by its president or a vice-president and under its corporate seal attested by its secretary or an assistant secretary setting forth (A) that it surrenders its authority to transact business in the United States Virgin Islands and withdraws therefrom; and (B) the address to which the Lieutenant Governor may mail any process against the corporation that may be served upon it; or
(2) copy of a certificate of dissolution issued by the proper official of the country or state of incorporation, certified to be a true copy under the hand and official seal of the official, accompanied by the information required by clause (B) of paragraph (1) of this subsection; or
(3) copy of an order or decree of dissolution made by any court of competent jurisdiction or other competent authority of the country or state of incorporation, certified to be a true copy under the hand of the clerk of the court or other official body, and the official seal of the court or official body or clerk thereof accompanied by the information required by clause (B) of paragraph (1) of this subsection.
(b) The Lieutenant Governor shall, upon payment to him of the fees prescribed in section 431 of this title issue a sufficient number of certificates, under its official seal, evidencing the surrender of the authority of the corporation to do business in the United States Virgin Islands and its withdrawal therefrom. One of the certificates shall be furnished to the corporation withdrawing and surrendering its right to do business in the United States Virgin Islands; one certificate shall be delivered to each agent of the corporation designated as such immediately prior to the withdrawal.
(c) Upon the issuance of the certificates by the Lieutenant Governor, the appointment of the authorized agent or agents of the corporation in the United States Virgin Islands upon whom process against the corporation may be served, shall be revoked and the corporation shall be deemed to have consented that service of process in any action based upon any cause of action arising in the United States Virgin Islands during the time the corporation was authorized to transact business in the United States Virgin Islands, may thereafter be made by service upon the Lieutenant Governor.
(d) In the event of service upon the Lieutenant Governor, the Lieutenant Governor shall forthwith notify the corporation thereof by registered mail directed to the corporation at the address filed with the Lieutenant Governor as provided in subsection (a)(1)(B) of this section, accompanied by a copy of the process, complaint or other papers served upon him. The plaintiff in any action shall serve process or other papers in duplicate and pay to the Lieutenant Governor the sum of twenty-five dollars ($25) for the use of the Government of the United States Virgin Islands, which sum shall be taxed as part of the costs in the action, if the plaintiff shall prevail therein. The Lieutenant Governor shall enter alphabetically in a process book, kept for that purpose, the name of plaintiff and defendant, the title and number, if any, of the cause in which process has been served upon him, and the day and hour when the service was made.
(e) No certificates shall be issued under the provisions of this section until all taxes, penalties, or fees due or assessable by the Government of the United States Virgin Islands have been paid by the corporation and the Commissioner of Finance shall have so certified.
