13.1-1056.1 - Automatic cancellation of certificate of registration.
§ 13.1-1056.1. Automatic cancellation of certificate of registration.
A. Whether or not the notice described in subsection C of § 13.1-1062 ismailed, if any foreign limited liability company fails to pay its annualregistration fee on or before the last day of the third month immediatelyfollowing its annual registration fee due date each year, such foreignlimited liability company shall automatically cease to be authorized totransact business in the Commonwealth and its certificate of registrationshall be automatically canceled as of that day.
B. If any foreign limited liability company whose registered agent has filedwith the Commission a statement of resignation pursuant to § 13.1-1017 failsto file a statement of change pursuant to § 13.1-1016 within 31 days afterthe date on which the statement of resignation was filed, the Commissionshall mail notice to the foreign limited liability company of the impendingcancellation of its certificate of registration. If the foreign limitedliability company fails to file the statement of change on or before the lastday of the second month immediately following the month in which theimpending cancellation notice was mailed, the foreign limited liabilitycompany shall automatically cease to be authorized to transact business inthe Commonwealth and its certificate of registration shall be automaticallycanceled as of that day.
C. The automatic cancellation of a foreign limited liability company'scertificate of registration constitutes the appointment of the clerk of theCommission as the foreign limited liability company's agent for service ofprocess in any proceeding based on a cause of action arising during the timethe foreign limited liability company was registered to transact business inthe Commonwealth. Service of process on the clerk of the Commission underthis subsection is service on the foreign limited liability company and shallbe made on the clerk in accordance with § 12.1-19.1.
D. Revocation of a foreign limited liability company's certificate ofregistration does not terminate the authority of the registered agent of theforeign limited liability company.
(2008, c. 108; 2010, c. 703.)