Act that may affect trademark declarations published
The Commissioners for Oaths and Notaries Public Act 2007 (7/2007) which was passed by the Legislative Council of the British Virgin Islands and received the assent of the governor has now been published in the Official Gazette. The purpose of the act was discussed in New bill may affect trademark declarations.
Once a proclamation by the governor is made bringing the act into force existing commissioners for oaths and notaries public will have six months beginning on the date of commencement of the act to apply to the registrar of the High Court for automatic enrolment on the Roll of Commissioners or the Roll of Notaries Public as the case may be. However, persons qualifying to be a commissioner or a notary may apply after the commencement date of the act. Only a person entitled to practice law in the British Virgin Islands and who has done so for at least three years prior to applying for appointment as a notary, among other things, is eligible for appointment as a notary, and a notary is ex officio a commissioner for oaths.
All trademark declarations to be sworn within the British Virgin Islands, especially where the agent is appointed under a power of attorney, must on the date of commencement of the act be sworn before a commissioner or notary who is on the roll of commissioners or roll of notaries in accordance with this act for the declarations to be valid.
Jamal Smith, Harneys, Tortola
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