13.1-1003 - Filing requirements. - Virginia Statutes

§ 13.1-1003. Filing requirements.

A. A document shall satisfy the requirements of this section, and of anyother section that adds to or varies these requirements, to be entitled to befiled with the Commission.

B. The document shall be one that this chapter requires or permits to befiled with the Commission.

C. The document shall contain the information required by this chapter. Itmay contain other information as well.

D. The document shall be typewritten or printed or, if electronicallytransmitted, shall be in a format that can be retrieved or reproduced intypewritten or printed form. The typewritten or printed portion shall be inblack. Photocopies, or other reproduced copies, of typewritten or printeddocuments may be filed. In every case, information in the document shall belegible and the document shall be capable of being reformatted and reproducedin copies of archival quality.

E. The document shall be in the English language. A limited liability companyname need not be in English if written in English letters or Arabic or Romannumerals. The articles of organization, duly authenticated by the officialhaving custody of the applicable records in the state or country under whoselaw the limited liability company is formed, which are required of foreignlimited liability companies, need not be in English if accompanied by areasonably authenticated English translation.

F. The document shall be executed in the name of the limited liabilitycompany:

1. By any manager or other person who has been delegated the right and powerto manage the business and affairs of the limited liability company, or if nomanagers or such other persons have been selected, by any member of thelimited liability company;

2. If the limited liability company has not been formed, or has been formedwithout any managers or members and no members have been admitted, by anorganizer; or

3. If the limited liability company is in the hands of a receiver, trustee,or other court-appointed fiduciary, by that fiduciary.

G. The person executing the document shall sign it and state beneath oropposite his signature his name and the capacity in which he signs. Anysignature may be a facsimile.

H. If, pursuant to any provision of this chapter, the Commission hasprescribed a mandatory form for the document, the document shall be in or onthe prescribed form.

I. The document shall be delivered to the Commission for filing and shall beaccompanied by the required filing fee and any registration fee required bythis chapter.

J. The Commission may accept the electronic filing of any informationrequired or permitted to be filed by this chapter and may prescribe themethods of execution, recording, reproduction and certification ofelectronically filed information pursuant to § 59.1-496.

(1991, c. 168; 1995, c. 70; 2000, cc. 58, 995; 2003, cc. 340, 379; 2006, c.748.)