13.1-1242 - Application for certificate of registration.
§ 13.1-1242. Application for certificate of registration.
A. A foreign business trust may apply to the Commission for a certificate ofregistration to transact business in the Commonwealth. The application shallbe made on a form prescribed and furnished by the Commission. The applicationshall set forth:
1. The name of the foreign business trust and, if the business trust isprevented by § 13.1-1244 from using its own name in the Commonwealth, adesignated name that satisfies the requirements of § 13.1-1244;
2. The name of the state or other jurisdiction under whose law it is formed,the date of its formation, and if the business trust was previouslyauthorized or registered to transact business in the Commonwealth as aforeign corporation, limited liability company, business trust, limitedpartnership, or registered limited liability partnership, with respect toevery such prior authorization or registration, (i) the name of the entity;(ii) the entity type; (iii) the state or other jurisdiction of incorporation,organization, or formation; and (iv) the entity identification number issuedto it by the Commission;
3. The address of the proposed registered office of the foreign businesstrust in the Commonwealth (including both (i) the post office address withstreet and number, if any, and (ii) the name of the county or city in whichit is located) and the name of its proposed registered agent in theCommonwealth at such address and that the registered agent is either (a) anindividual who is a resident of the Commonwealth and is either (1) a trusteeor officer of the business trust, (2) an officer or director of a corporationthat is a trustee of the business trust, (3) a general partner of a generalor limited partnership that is a trustee of the business trust, (4) a memberor manager of a limited liability company that is a trustee of the businesstrust, (5) a trustee of a business trust or other trust that is a trustee ofthe business trust, or (6) a member of the Virginia State Bar, or (b) adomestic or foreign stock or nonstock corporation, limited liability company,or registered limited liability partnership authorized to transact businessin the Commonwealth, the business office of which is identical with theregistered office;
4. A statement that the clerk of the Commission is irrevocably appointed theagent of the foreign business trust for service of process if the foreignbusiness trust fails to maintain a registered agent in the Commonwealth asrequired by § 13.1-1220, the registered agent's authority has been revoked,the registered agent has resigned, or the registered agent cannot be found orserved with the exercise of reasonable diligence;
5. The post office address, including the street and number, if any, of theforeign business trust's principal office; and
6. A statement evidencing that the foreign business trust is a "foreignbusiness trust" as defined in § 13.1-1201.
B. The foreign business trust shall deliver with the completed application acopy of the articles of trust or other constituent documents and allamendments and corrections thereto filed in the foreign business trust'sstate or other jurisdiction of formation, duly authenticated by the Secretaryof State or other official having custody of the business trust records inthe state or other jurisdiction under whose laws it is formed.
C. If the Commission finds that the application complies with therequirements of law and that all required fees have been paid, it shall issuea certificate of registration to transact business in the Commonwealth.
(2002, c. 621; 2004, c. 274; 2008, c. 101.)