Definitions

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  • As used in this chapter the following terms are to be given the following meanings:
    • (1) “Financial interest” includes as to any individual, firm or corporation, any of the following:

      • (A) Entitlement to salary or other valuable remuneration as an officer of a business or corporation;

      • (B) Ownership of more than ten (10%) percent of the shares of a corporation for profit, or an annual income from dividends, including the value of stock dividends and any other payments made by the corporation, in excess of $2,000.00 of the recipient's annual income;

      • (C) The right upon liquidation or dissolution to more than ten (10%) percent of the assets of a firm, partnership, or other noncorporate business entity, or an annual income to the recipient from a firm, partnership or other noncorporate business entity in excess of $2,000.00 of such recipient's income;

    • (2) “Business entity” means any commercial undertaking operated for profit including but not limited to a corporation, partnership, proprietorship, association, joint venture or firm;

    • (3) “Regulated” or “subject to the regulation of a public agency”, is defined by applying the test of whether a regulatory agency is authorized to grant or deny licenses, operating rights or other benefits that can substantially affect the profit of the business entity. Any person or officer or member serving any public agency covered by this chapter may request from the Attorney General a list of business entities regulated or subject to the regulation of that public agency;

    • (4) “Statutory officer” means the Governor, Lieutenant Governor, Members of the Legislature and all other elected territorial officials;

    • (5) “Appointive officer” means any salaried officer appointed to his office by any members of the executive, legislative or judicial branch of government. It includes appointed employees who are exempt from the Personnel Merit System Law;

    • (6) “Salaried officer” means any official who receives a fixed compensation for his service at regular intervals;

    • (7) “Public agency” means the Government of the United States Virgin Islands or any department, board, commission, body or agency of the foregoing including any public corporation and public authority. The term “public agency” does not include any board of commission or committee, the functions of which are purely advisory;

    • (8) “Territorial officer or employee” includes “statutory officers”; all officers and employees of the legislative, executive and judicial branch of the Government of the United States Virgin Islands or a “public agency” and officers, employees and consultants of any branch of the Government or public agency employed on a contract or fee basis;

    • (9) “Ownership of a business entity” means ownership by such person or ownership by his spouse and or child, or both;

    • (10) “Instrument of ownership” means the instrument defining the fiscal relationship of the owner to the business entity or to real property. This would include but not be limited to: common stock, preferred stock, rights, warrants, options, articles of partnership, proprietary interests and debt instruments if convertible to equity instruments. A convertible debt instrument would include bonds, notes, debentures, and mortgages;

    • (11) “Real property” means any interest in, or option to purchase any interest in, any real property held for income or gain provided the fair market value of the real property is in excess of $1,000. The term “real property” does not include a home or property used primarily for personal or nonprofit recreational purposes;

    • (12) “Fair market value” means (A) if a marketed security, the quoted price on the date of filing; (B) if not a marketed security the value at which price a willing buyer would pay to a willing seller, assuming both know the full information on the asset, neither being under any duress to transact;

    • (13) “Time or demand deposit” means checking and savings accounts in banks, and shares or deposits in savings and loans institutions, unless such shares are marketed securities.


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