13.1-769.1 - Reentry of a foreign corporation whose certificate of authority has been surrendered or revoked. - Virginia Statutes

§ 13.1-769.1. Reentry of a foreign corporation whose certificate of authorityhas been surrendered or revoked.

A foreign corporation whose certificate of authority issued by the Commissionhas been surrendered or revoked may apply to the Commission for reentrywithin five years thereafter unless the certificate of authority was revokedby order of the Commission upon a finding that the corporation has continuedto exceed or abuse the authority conferred upon it by law. The Commissionshall enter an order reentering the certificate of authority upon receivingan annual report, together with payment of a reentry fee of $100 plus allregistration fees and penalties that were due before the certificate ofauthority was surrendered or revoked and that would have become duethereafter if the corporation had not had its certificate of authoritysurrendered or revoked. The application for reentry may be by letter signedby an officer or director of the corporation. A corporation need not refile acopy of its charter or any amendment thereof that is then on file in theoffice of the clerk of the Commission. After the authority of a foreigncorporation to transact business in the Commonwealth has been surrendered orrevoked, the clerk shall retain in the files of the clerk's office thecharter and amendments thereto filed by the corporation and its originalapplication for authority to transact business for a period of five years. Aduly authenticated copy of any amendments made to the articles ofincorporation by a foreign corporation and any mergers entered into by aforeign corporation from the date of surrender or revocation of itscertificate of authority to the date of application for reentry shall befiled with the application for reentry. If the name of a foreign corporation,whose certificate of authority issued by the Commission has been surrenderedor revoked, is not distinguishable upon the records of the Commission at thetime application is made for reentry, such foreign corporation shall adopt adesignated name for use in the Commonwealth that is distinguishable upon therecords of the Commission. Upon compliance with the provisions of thissection the Commission shall enter an order reentering the certificate ofauthority to do business in the Commonwealth.

(1987, c. 431; 1988, c. 405; 2004, c. 274; 2005, c. 765.)