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VIRGINIA STATUTES AND CODES

13.1-1246.3 - Reinstatement of a certificate of registration that has been canceled.

§ 13.1-1246.3. Reinstatement of a certificate of registration that has beencanceled.

A. A foreign business trust whose certificate of registration to transactbusiness in the Commonwealth has been canceled may be relieved of thecancellation 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 § 13.1-1246.2.

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

1. An application for reinstatement signed by a trustee or an officer of thebusiness trust, 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 business trust had not had itscertificate of registration canceled;

4. A duly authenticated copy of any amendments or corrections made to thearticles of trust or other constituent documents of the foreign businesstrust and any mergers entered into by the foreign business trust from thedate of cancellation of its certificate of registration to the date of itsapplication for reinstatement, with an amended application for registrationif required for an amendment or a correction, and all fees required by thischapter for the filing of such instruments;

5. If the name of the foreign business trust does not comply with theprovisions of § 13.1-1214 at the time of reinstatement, an amendedapplication for registration to adopt a designated name for use in theCommonwealth that satisfies the requirements of § 13.1-1214, along with thefee required by this chapter for the filing of an amended application forregistration; and

6. If the foreign business trust's registered agent has filed a statement ofresignation and a new registered agent has not been appointed, a statement ofchange pursuant to § 13.1-1221.

C. If the foreign business trust complies with the provisions of thissection, the Commission shall enter an order of reinstatement, reinstatingthe foreign business trust's certificate of registration to transact businessin the Commonwealth.

(2008, c. 101.)

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