13.1-1056.3 - Reinstatement of a certificate of registration that has been canceled. - Virginia Statutes

§ 13.1-1056.3. Reinstatement of a certificate of registration that has beencanceled.

A. A foreign limited liability company whose certificate of registration totransact business in the Commonwealth has been canceled may be relieved ofthe cancellation and have its certificate of registration reinstated by theCommission within five years of the date of cancellation unless thecertificate of registration was canceled by order of the Commission enteredpursuant to subdivision A 1 of § 13.1-1056.2.

B. To have its certificate of registration reinstated, a foreign limitedliability company shall provide the Commission with the following:

1. An application for reinstatement signed by a manager or member of thelimited liability company, which may be in the form of a letter;

2. A reinstatement fee of $100;

3. All annual registration fees and penalties that were due before thecertificate of registration was canceled and that would have been assessed orimposed to the date of reinstatement if the limited liability company had nothad its certificate of registration canceled;

4. A duly authenticated copy of any amendments or corrections made to thearticles of organization or other constituent documents of the foreignlimited liability company and any mergers entered into by the foreign limitedliability company from the date of cancellation of its certificate ofregistration to the date of its application for reinstatement, along with anamended application for registration if required for an amendment or acorrection, and all fees required by this chapter for the filing of suchinstruments;

5. If the name of the foreign limited liability company does not comply withthe provisions of § 13.1-1054 at the time of reinstatement, an amendedapplication for registration to adopt a designated name for use in theCommonwealth that satisfies the requirements of § 13.1-1054, with the feerequired by this chapter for the filing of an amended application forregistration; and

6. If the foreign limited liability company's registered agent has filed astatement of resignation and a new registered agent has not been appointed, astatement of change pursuant to § 13.1-1016.

C. If the foreign limited liability company complies with the provisions ofthis section, the Commission shall enter an order of reinstatement,reinstating the foreign limited liability company's certificate ofregistration to transact business in the Commonwealth.

(2008, c. 108.)