{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/12.1-19.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/12.1-19.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/12.1-19.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/12.1-19.html"}],"law_id":66050,"edition_id":1,"section_id":66050,"structure_id":15398,"section_number":"12.1-19","catch_line":"Duties of clerk; records; copies; personal identifiable information; records related to the administrative activities of the Commission; unauthorized filings","history":"Code 1950, \u00a7 12-41; 1964, c. 551; 1971, Ex. Sess., c. 157; 1985, cc. 528, 607; 1991, c. 123; 2001, c. 545; 2002, c. 1; 2010, c. 513; 2014, cc. 174, 197, 347; 2020, cc. 1227, 1246.","full_text":"A\n\nThe clerk of the Commission shall:1\n\nKeep a record of all the proceedings, orders, findings, and judgments of the public sessions of the Commission, and the minutes of the proceedings of each day’s public session shall be read and approved by the Commission and signed by its chairman, or acting chairman;2\n\nSubject to the supervision and control of the Commission, have custody of and preserve all of the records, documents, papers, and files of the Commission, or which may be filed before it in any complaint, proceeding, contest, or controversy, and such records, documents, papers, and files shall be open to public examination in the office of the clerk to the same extent as the records and files of the courts of this Commonwealth;3\n\nWhen requested, make and certify copies from any record, document, paper, or file in the clerk’s office, and if required, affix the seal of the Commission (or a facsimile thereof) thereto, and otherwise furnish and certify information from the Commission records by any means the Commission may deem suitable; and, except when made at the instance of the Commission or on behalf of the Commonwealth, a political subdivision of the Commonwealth, or the government of the United States, the clerk shall charge and collect the fees fixed by §§ 12.1-21.1 and 12.1-21.2; and any such copy or information, so certified, shall have the same faith, credit, and legal effect as copies made and certified by the clerks of the courts of this Commonwealth from the records and files thereof;4\n\nCertify all allowances made by the Commission to be paid out of the public treasury for witness fees, service of process, or other expenses;5\n\nIssue all notices, writs, processes, or orders awarded by the Commission, or authorized by law, or by the rules of the Commission;6\n\nReceive all fines and penalties imposed by the Commission, all moneys collected on judgments, all registration fees required by law to be paid by corporations, limited liability companies, and other types of business entities, including delinquencies thereof, and all other fees collected by the Commission, and shall keep an accurate account of the same and the disposition of such receipts and shall, at least once in every 30 days during the clerk’s term of office, render a statement of all such receipts and collections to the Comptroller, and pay the same into the treasury of the Commonwealth, and shall keep all such other accounts of such collections and disbursements, and shall make all such other reports thereof as may be required by law or by the regulations prescribed by the Comptroller; and7\n\nGenerally have the powers, discharge the functions, and perform the duties of a clerk of a court of record in all matters within the jurisdiction of the Commission. The Commission may designate one or more deputies or assistants of the clerk who may discharge any of the clerk’s official duties during the clerk’s continuance in office.B\n\nA person who prepares or submits to the office of the clerk of the Commission a document or any information for filing with the Commission pursuant to Title 8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or information does not contain any personal identifiable information, unless such information is otherwise publicly available or is required or authorized by law to be included in the document or information provided. For purposes of this subsection, “personal identifiable information” means (i) a social security number or any other numbers appearing on driver’s licenses or other documents issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction; (ii) information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems; (iii) a date of birth identified with a particular individual; (iv) the maiden name of an individual’s parent; or (v) any financial account number. Any person who prepares or submits to the office of the clerk a document for filing that contains personal identifiable information shall be deemed to have authorized the clerk or any member of the clerk’s staff to remove, delete, or obliterate, without prior notice, such information prior or subsequent to recording or filing the document in the office of the clerk. Nothing in this subsection shall be deemed to require the clerk to alter any document submitted for filing. The clerk may refuse to accept for filing any document that includes personal identifiable information and return it for modification or explanation. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law.C\n\n1. The Commission shall make available for public inspection records related to the administrative activities of the Commission.2\n\nDisclosure of such records shall not be required, however, if (i) such records are otherwise covered by applicable legal privileges, (ii) disclosure of such records could threaten the safety or security of the Commission’s employees, physical plant, or information technology assets or data, or (iii) such records are not publicly available from other public entities under the laws of the Commonwealth, including §§ 2.2-3705.1 and 2.2-4342.3\n\nRecords held by the clerk of the Commission related to business entities shall be made public or held confidential in accordance with laws and regulations applicable specifically to such records.4\n\nThe Commission shall respond within five business days of receiving requests for administrative records. If it is impracticable to provide the records requested within such time period, the Commission shall notify the requester that an additional seven business days will be required, unless due to the scope of the records requested or length of search necessary to locate them the Commission requires additional time, which shall not be unreasonable in length. When any such requested records are not provided, the Commission shall notify the requester of the basis of the denial.5\n\nAs used in this subsection, “administrative activities” means matters related to the Commission’s operational responsibilities and operational functions, including its revenues, expenditures, financial management and budgetary practices, personnel policies and practices, and procurement policies and practices. “Administrative activities” shall not include the Commission’s formal or informal regulatory or legal proceedings or activities, records related to which shall be governed, inter alia, by laws and regulations applicable specifically to such regulatory and legal proceedings or activities, or in accordance with applicable legal privileges.D\n\nNotwithstanding any other provision of law, the clerk may review the circumstances surrounding the execution or delivery of any document associated with any business entity of record in the office of the clerk that was submitted for filing under a business entity statute administered by the Commission pursuant to Title 13.1 or Title 50. If the clerk determines that the person who executed or delivered the document was without authority to act on behalf of the business entity, the clerk is authorized (i) to refuse to accept the document for filing or (ii) if the document has been filed, to summarily remove the document and any documents and data related to the filing from the records in the office of the clerk, correct such records, and provide notice to any business entity affected by the filing. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law.","order_by":null,"text":{"0":{"id":239979,"text":"The clerk of the Commission shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":239980,"text":"Keep a record of all the proceedings, orders, findings, and judgments of the public sessions of the Commission, and the minutes of the proceedings of each day’s public session shall be read and approved by the Commission and signed by its chairman, or acting chairman;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":239981,"text":"Subject to the supervision and control of the Commission, have custody of and preserve all of the records, documents, papers, and files of the Commission, or which may be filed before it in any complaint, proceeding, contest, or controversy, and such records, documents, papers, and files shall be open to public examination in the office of the clerk to the same extent as the records and files of the courts of this Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":239982,"text":"When requested, make and certify copies from any record, document, paper, or file in the clerk’s office, and if required, affix the seal of the Commission (or a facsimile thereof) thereto, and otherwise furnish and certify information from the Commission records by any means the Commission may deem suitable; and, except when made at the instance of the Commission or on behalf of the Commonwealth, a political subdivision of the Commonwealth, or the government of the United States, the clerk shall charge and collect the fees fixed by §§ 12.1-21.1 and 12.1-21.2; and any such copy or information, so certified, shall have the same faith, credit, and legal effect as copies made and certified by the clerks of the courts of this Commonwealth from the records and files thereof;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":239983,"text":"Certify all allowances made by the Commission to be paid out of the public treasury for witness fees, service of process, or other expenses;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":239984,"text":"Issue all notices, writs, processes, or orders awarded by the Commission, or authorized by law, or by the rules of the Commission;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":239985,"text":"Receive all fines and penalties imposed by the Commission, all moneys collected on judgments, all registration fees required by law to be paid by corporations, limited liability companies, and other types of business entities, including delinquencies thereof, and all other fees collected by the Commission, and shall keep an accurate account of the same and the disposition of such receipts and shall, at least once in every 30 days during the clerk’s term of office, render a statement of all such receipts and collections to the Comptroller, and pay the same into the treasury of the Commonwealth, and shall keep all such other accounts of such collections and disbursements, and shall make all such other reports thereof as may be required by law or by the regulations prescribed by the Comptroller; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":239986,"text":"Generally have the powers, discharge the functions, and perform the duties of a clerk of a court of record in all matters within the jurisdiction of the Commission. The Commission may designate one or more deputies or assistants of the clerk who may discharge any of the clerk’s official duties during the clerk’s continuance in office.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":239987,"text":"A person who prepares or submits to the office of the clerk of the Commission a document or any information for filing with the Commission pursuant to Title 8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or information does not contain any personal identifiable information, unless such information is otherwise publicly available or is required or authorized by law to be included in the document or information provided. For purposes of this subsection, “personal identifiable information” means (i) a social security number or any other numbers appearing on driver’s licenses or other documents issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction; (ii) information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems; (iii) a date of birth identified with a particular individual; (iv) the maiden name of an individual’s parent; or (v) any financial account number. Any person who prepares or submits to the office of the clerk a document for filing that contains personal identifiable information shall be deemed to have authorized the clerk or any member of the clerk’s staff to remove, delete, or obliterate, without prior notice, such information prior or subsequent to recording or filing the document in the office of the clerk. Nothing in this subsection shall be deemed to require the clerk to alter any document submitted for filing. The clerk may refuse to accept for filing any document that includes personal identifiable information and return it for modification or explanation. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":239988,"text":"1. The Commission shall make available for public inspection records related to the administrative activities of the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"10":{"id":239989,"text":"Disclosure of such records shall not be required, however, if (i) such records are otherwise covered by applicable legal privileges, (ii) disclosure of such records could threaten the safety or security of the Commission’s employees, physical plant, or information technology assets or data, or (iii) such records are not publicly available from other public entities under the laws of the Commonwealth, including §§ 2.2-3705.1 and 2.2-4342.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"11":{"id":239990,"text":"Records held by the clerk of the Commission related to business entities shall be made public or held confidential in accordance with laws and regulations applicable specifically to such records.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":239991,"text":"The Commission shall respond within five business days of receiving requests for administrative records. If it is impracticable to provide the records requested within such time period, the Commission shall notify the requester that an additional seven business days will be required, unless due to the scope of the records requested or length of search necessary to locate them the Commission requires additional time, which shall not be unreasonable in length. When any such requested records are not provided, the Commission shall notify the requester of the basis of the denial.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"13":{"id":239992,"text":"As used in this subsection, “administrative activities” means matters related to the Commission’s operational responsibilities and operational functions, including its revenues, expenditures, financial management and budgetary practices, personnel policies and practices, and procurement policies and practices. “Administrative activities” shall not include the Commission’s formal or informal regulatory or legal proceedings or activities, records related to which shall be governed, inter alia, by laws and regulations applicable specifically to such regulatory and legal proceedings or activities, or in accordance with applicable legal privileges.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"14":{"id":239993,"text":"Notwithstanding any other provision of law, the clerk may review the circumstances surrounding the execution or delivery of any document associated with any business entity of record in the office of the clerk that was submitted for filing under a business entity statute administered by the Commission pursuant to Title 13.1 or Title 50. If the clerk determines that the person who executed or delivered the document was without authority to act on behalf of the business entity, the clerk is authorized (i) to refuse to accept the document for filing or (ii) if the document has been filed, to summarily remove the document and any documents and data related to the filing from the records in the office of the clerk, correct such records, and provide notice to any business entity affected by the filing. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"ancestry":[{"id":15398,"edition_id":1,"name":"Subordinate Employees of the Commission","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":14329,"metadata":{},"date_created":"2026-06-26 03:54:38","date_modified":"2026-06-26 03:54:38","permalink":{"id":147369,"object_type":"structure","relational_id":15398,"identifier":"4","token":"12.1\/4","url":"\/12.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14329,"edition_id":1,"name":"State Corporation Commission","identifier":"12.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:46","date_modified":"2026-06-26 03:47:46","permalink":{"id":147285,"object_type":"structure","relational_id":14329,"identifier":"12.1","token":"12.1","url":"\/12.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69063,"structure_id":15398,"section_number":"12.1-18","catch_line":"Subordinates and employees to be appointed to serve at pleasure of Commission","url":"\/12.1-18\/","token":"12.1\/4\/12.1-18","metadata":false},{"id":66050,"structure_id":15398,"section_number":"12.1-19","catch_line":"Duties of clerk; records; copies; personal identifiable information; records related to the administrative activities of the Commission; unauthorized filings","url":"\/12.1-19\/","token":"12.1\/4\/12.1-19","metadata":false},{"id":71702,"structure_id":15398,"section_number":"12.1-19.1","catch_line":"Service of process on the Clerk of the State Corporation Commission as statutory agent","url":"\/12.1-19.1\/","token":"12.1\/4\/12.1-19.1","metadata":false},{"id":73137,"structure_id":15398,"section_number":"12.1-20","catch_line":"Facts to be certified by clerk upon request; signing and sealing; fees","url":"\/12.1-20\/","token":"12.1\/4\/12.1-20","metadata":false},{"id":85375,"structure_id":15398,"section_number":"12.1-21","catch_line":"Repealed","url":"\/12.1-21\/","token":"12.1\/4\/12.1-21","metadata":false},{"id":84866,"structure_id":15398,"section_number":"12.1-21.1","catch_line":"Fees to be charged by clerk for certain information and certificates","url":"\/12.1-21.1\/","token":"12.1\/4\/12.1-21.1","metadata":false},{"id":75338,"structure_id":15398,"section_number":"12.1-21.2","catch_line":"Miscellaneous charges","url":"\/12.1-21.2\/","token":"12.1\/4\/12.1-21.2","metadata":false},{"id":61397,"structure_id":15398,"section_number":"12.1-22","catch_line":"Repealed","url":"\/12.1-22\/","token":"12.1\/4\/12.1-22","metadata":false},{"id":58645,"structure_id":15398,"section_number":"12.1-23","catch_line":"Duties and powers of bailiff and deputy bailiff","url":"\/12.1-23\/","token":"12.1\/4\/12.1-23","metadata":false},{"id":70036,"structure_id":15398,"section_number":"12.1-24","catch_line":"Bonds of members of staff","url":"\/12.1-24\/","token":"12.1\/4\/12.1-24","metadata":false}],"previous_section":{"id":69063,"structure_id":15398,"section_number":"12.1-18","catch_line":"Subordinates and employees to be appointed to serve at pleasure of Commission","url":"\/12.1-18\/","token":"12.1\/4\/12.1-18","metadata":false},"next_section":{"id":71702,"structure_id":15398,"section_number":"12.1-19.1","catch_line":"Service of process on the Clerk of the State Corporation Commission as statutory agent","url":"\/12.1-19.1\/","token":"12.1\/4\/12.1-19.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/12.1-19\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 551; in 1985, chapters 528 and 607; in 1991, chapter 123; in 2001, chapter 545<\/a>; in 2002, chapter 1<\/a>; in 2010, chapter 513<\/a>; in 2014, chapters 174<\/a>, 197<\/a>, and 347<\/a>; in 2020, chapters 1227<\/a> and 1246<\/a>.<\/p>","references":[{"id":84866,"section_number":"12.1-21.1","catch_line":"Fees to be charged by clerk for certain information and certificates","order_by":null,"url":"\/12.1-21.1\/"},{"id":75338,"section_number":"12.1-21.2","catch_line":"Miscellaneous charges","order_by":null,"url":"\/12.1-21.2\/"},{"id":57578,"section_number":"38.2-628","catch_line":"Confidentiality","order_by":null,"url":"\/38.2-628\/"},{"id":71836,"section_number":"6.2-101","catch_line":"Confidentiality of information","order_by":null,"url":"\/6.2-101\/"}],"refers_to":[{"id":84866,"section_number":"12.1-21.1","catch_line":"Fees to be charged by clerk for certain information and certificates","order_by":null,"url":"\/12.1-21.1\/"},{"id":75338,"section_number":"12.1-21.2","catch_line":"Miscellaneous charges","order_by":null,"url":"\/12.1-21.2\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"}],"permalink":{"id":147375,"object_type":"law","relational_id":66050,"identifier":"12.1-19","token":"12.1\/4\/12.1-19","url":"\/12.1-19\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/12.1-19\/","token":"12.1\/4\/12.1-19","dublin_core":{"Title":"Duties of clerk; records; copies; personal identifiable information; records related to the administrative activities of the Commission; unauthorized filings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 12.1-19","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The clerk of the Commission shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Keep a record of all the proceedings, orders<\/span>, findings<\/span>, and judgments<\/span> of the public sessions of the Commission, and the minutes of the proceedings of each day’s public session shall be read and approved by the Commission and signed by its chairman, or acting chairman; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Subject to the supervision and control of the Commission, have custody<\/span> of and preserve all of the records, documents, papers, and files of the Commission, or which may be filed before it in any complaint, proceeding, contest, or controversy, and such records, documents, papers, and files shall be open to public examination in the office of the clerk to the same extent as the records and files of the courts<\/span> of this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When requested, make and certify copies from any record, document, paper, or file in the clerk’s office, and if required, affix the seal of the Commission (or a facsimile thereof) thereto, and otherwise furnish and certify information from the Commission records by any means the Commission may deem suitable; and, except when made at the instance of the Commission or on behalf of the Commonwealth, a political subdivision of the Commonwealth, or the government of the United States, the clerk shall charge and collect the fees fixed by §§ 12.1-21.1<\/a> and 12.1-21.2<\/a>; and any such copy or information, so certified, shall have the same faith, credit, and legal effect as copies made and certified by the clerks of the courts<\/span> of this Commonwealth from the records and files thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Certify all allowances made by the Commission to be paid out of the public treasury for witness<\/span> fees, service of process<\/span>, or other expenses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Issue<\/span> all notices, writs<\/span>, processes, or orders<\/span> awarded by the Commission, or authorized by law<\/span>, or by the rules of the Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Receive all fines and penalties imposed by the Commission, all moneys collected on judgments<\/span>, all registration fees required by law<\/span> to be paid by corporations, limited liability companies, and other types of business entities, including delinquencies thereof, and all other fees collected by the Commission, and shall keep an accurate account of the same and the disposition<\/span> of such receipts and shall, at least once in every 30 days during the clerk’s term of office, render a statement of all such receipts and collections to the Comptroller, and pay the same into the treasury of the Commonwealth, and shall keep all such other accounts of such collections and disbursements, and shall make all such other reports thereof as may be required by law<\/span> or by the regulations prescribed by the Comptroller; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Generally have the powers, discharge the functions, and perform the duties of a clerk of a court<\/span> of record in all matters within the jurisdiction<\/span> of the Commission. The Commission may designate one or more deputies or assistants of the clerk who may discharge any of the clerk’s official duties during the clerk’s continuance<\/span> in office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person who prepares or submits to the office of the clerk of the Commission a document or any information for filing with the Commission pursuant to Title 8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or information does not contain any personal identifiable information<\/span>, unless such information is otherwise publicly available or is required or authorized by law to be included in the document or information provided. For purposes of this subsection, “personal identifiable information<\/span>” means (i) a social security number or any other numbers appearing on driver’s licenses or other documents issued under Chapter 3 (§ 46.2-300<\/a> et seq.) of Title 46.2 or the comparable law of another jurisdiction<\/span>; (ii) information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems; (iii) a date of birth identified with a particular individual; (iv) the maiden name of an individual’s parent; or (v) any financial account number. Any person who prepares or submits to the office of the clerk a document for filing that contains personal identifiable information<\/span> shall be deemed to have authorized the clerk or any member of the clerk’s staff to remove, delete, or obliterate, without prior notice, such information prior or subsequent to recording or filing the document in the office of the clerk. Nothing in this subsection shall be deemed to require the clerk to alter any document submitted for filing. The clerk may refuse to accept for filing any document that includes personal identifiable information<\/span> and return it for modification or explanation. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The Commission shall make available for public inspection records related to the administrative activities<\/span> of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Disclosure of such records shall not be required, however, if (i) such records are otherwise covered by applicable legal privileges<\/span>, (ii) disclosure of such records could threaten the safety or security of the Commission’s employees, physical plant, or information technology assets<\/span> or data, or (iii) such records are not publicly available from other public entities under the laws<\/span> of the Commonwealth, including §§ 2.2-3705.1<\/a> and 2.2-4342<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Records held by the clerk of the Commission related to business entities shall be made public or held confidential in accordance with laws<\/span> and regulations applicable specifically to such records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission shall respond within five business days of receiving requests for administrative records. If it is impracticable to provide the records requested within such time period, the Commission shall notify the requester that an additional seven business days will be required, unless due to the scope of the records requested or length of search necessary to locate them the Commission requires additional time, which shall not be unreasonable in length. When any such requested records are not provided, the Commission shall notify the requester of the basis of the denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> As used in this subsection, “administrative activities<\/span>” means matters related to the Commission’s operational responsibilities and operational functions, including its revenues, expenditures, financial management and budgetary practices, personnel policies and practices, and procurement policies and practices. “Administrative activities<\/span>” shall not include the Commission’s formal or informal regulatory or legal proceedings or activities, records related to which shall be governed, inter alia, by laws<\/span> and regulations applicable specifically to such regulatory and legal proceedings or activities, or in accordance with applicable legal privileges<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law, the clerk may review the circumstances surrounding the execution or delivery of any document associated with any business entity of record in the office of the clerk that was submitted for filing under a business entity statute<\/span> administered by the Commission pursuant to Title 13.1 or Title 50. If the clerk determines that the person who executed or delivered the document was without authority to act on behalf of the business entity, the clerk is authorized (i) to refuse to accept the document for filing or (ii) if the document has been filed, to summarily remove the document and any documents and data related to the filing from the records in the office of the clerk, correct such records, and provide notice to any business entity affected by the filing. The Commission, its members, the clerk of the Commission, and any member of the clerk’s staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF CLERK; RECORDS; COPIES; PERSONAL IDENTIFIABLE INFORMATION; RECORDS\nRELATED TO THE ADMINISTRATIVE ACTIVITIES OF THE COMMISSION; UNAUTHORIZED FILINGS\n(\u00a7 12.1-19)\n\nA. The clerk of the Commission shall:\n\n 1. Keep a record of all the proceedings, orders, findings, and judgments of\n the public sessions of the Commission, and the minutes of the proceedings of\n each day’s public session shall be read and approved by the Commission\n and signed by its chairman, or acting chairman;\n\n 2. Subject to the supervision and control of the Commission, have custody of\n and preserve all of the records, documents, papers, and files of the\n Commission, or which may be filed before it in any complaint, proceeding,\n contest, or controversy, and such records, documents, papers, and files shall\n be open to public examination in the office of the clerk to the same extent as\n the records and files of the courts of this Commonwealth;\n\n 3. When requested, make and certify copies from any record, document, paper,\n or file in the clerk’s office, and if required, affix the seal of the\n Commission (or a facsimile thereof) thereto, and otherwise furnish and certify\n information from the Commission records by any means the Commission may deem\n suitable; and, except when made at the instance of the Commission or on behalf\n of the Commonwealth, a political subdivision of the Commonwealth, or the\n government of the United States, the clerk shall charge and collect the fees\n fixed by §§ 12.1-21.1 and 12.1-21.2; and any such copy or\n information, so certified, shall have the same faith, credit, and legal effect\n as copies made and certified by the clerks of the courts of this Commonwealth\n from the records and files thereof;\n\n 4. Certify all allowances made by the Commission to be paid out of the public\n treasury for witness fees, service of process, or other expenses;\n\n 5. Issue all notices, writs, processes, or orders awarded by the Commission,\n or authorized by law, or by the rules of the Commission;\n\n 6. Receive all fines and penalties imposed by the Commission, all moneys\n collected on judgments, all registration fees required by law to be paid by\n corporations, limited liability companies, and other types of business\n entities, including delinquencies thereof, and all other fees collected by the\n Commission, and shall keep an accurate account of the same and the disposition\n of such receipts and shall, at least once in every 30 days during the\n clerk’s term of office, render a statement of all such receipts and\n collections to the Comptroller, and pay the same into the treasury of the\n Commonwealth, and shall keep all such other accounts of such collections and\n disbursements, and shall make all such other reports thereof as may be\n required by law or by the regulations prescribed by the Comptroller; and\n\n 7. Generally have the powers, discharge the functions, and perform the duties\n of a clerk of a court of record in all matters within the jurisdiction of the\n Commission. The Commission may designate one or more deputies or assistants of\n the clerk who may discharge any of the clerk’s official duties during\n the clerk’s continuance in office.\n\nB. A person who prepares or submits to the office of the clerk of the Commission\na document or any information for filing with the Commission pursuant to Title\n8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or\ninformation does not contain any personal identifiable information, unless such\ninformation is otherwise publicly available or is required or authorized by law\nto be included in the document or information provided. For purposes of this\nsubsection, “personal identifiable information” means (i) a social\nsecurity number or any other numbers appearing on driver’s licenses or\nother documents issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2\nor the comparable law of another jurisdiction; (ii) information on credit cards,\ndebit cards, bank accounts, or other electronic billing and payment systems;\n(iii) a date of birth identified with a particular individual; (iv) the maiden\nname of an individual’s parent; or (v) any financial account number. Any\nperson who prepares or submits to the office of the clerk a document for filing\nthat contains personal identifiable information shall be deemed to have\nauthorized the clerk or any member of the clerk’s staff to remove, delete,\nor obliterate, without prior notice, such information prior or subsequent to\nrecording or filing the document in the office of the clerk. Nothing in this\nsubsection shall be deemed to require the clerk to alter any document submitted\nfor filing. The clerk may refuse to accept for filing any document that includes\npersonal identifiable information and return it for modification or explanation.\nThe Commission, its members, the clerk of the Commission, and any member of the\nclerk’s staff are immune from liability in any proceeding arising from any\nacts or omissions in the implementation of this subsection. This subsection\nshall not be construed to limit, withdraw, or overturn any defense or immunity\nthat exists under statutory or common law.\n\nC. 1. The Commission shall make available for public inspection records related\nto the administrative activities of the Commission.\n\n 2. Disclosure of such records shall not be required, however, if (i) such\n records are otherwise covered by applicable legal privileges, (ii) disclosure\n of such records could threaten the safety or security of the\n Commission’s employees, physical plant, or information technology assets\n or data, or (iii) such records are not publicly available from other public\n entities under the laws of the Commonwealth, including §§ 2.2-3705.1\n and 2.2-4342.\n\n 3. Records held by the clerk of the Commission related to business entities\n shall be made public or held confidential in accordance with laws and\n regulations applicable specifically to such records.\n\n 4. The Commission shall respond within five business days of receiving\n requests for administrative records. If it is impracticable to provide the\n records requested within such time period, the Commission shall notify the\n requester that an additional seven business days will be required, unless due\n to the scope of the records requested or length of search necessary to locate\n them the Commission requires additional time, which shall not be unreasonable\n in length. When any such requested records are not provided, the Commission\n shall notify the requester of the basis of the denial.\n\n 5. As used in this subsection, “administrative activities” means\n matters related to the Commission’s operational responsibilities and\n operational functions, including its revenues, expenditures, financial\n management and budgetary practices, personnel policies and practices, and\n procurement policies and practices. “Administrative activities”\n shall not include the Commission’s formal or informal regulatory or\n legal proceedings or activities, records related to which shall be governed,\n inter alia, by laws and regulations applicable specifically to such regulatory\n and legal proceedings or activities, or in accordance with applicable legal\n privileges.\n\nD. Notwithstanding any other provision of law, the clerk may review the\ncircumstances surrounding the execution or delivery of any document associated\nwith any business entity of record in the office of the clerk that was submitted\nfor filing under a business entity statute administered by the Commission\npursuant to Title 13.1 or Title 50. If the clerk determines that the person who\nexecuted or delivered the document was without authority to act on behalf of the\nbusiness entity, the clerk is authorized (i) to refuse to accept the document\nfor filing or (ii) if the document has been filed, to summarily remove the\ndocument and any documents and data related to the filing from the records in\nthe office of the clerk, correct such records, and provide notice to any\nbusiness entity affected by the filing. The Commission, its members, the clerk\nof the Commission, and any member of the clerk’s staff are immune from\nliability in any proceeding arising from any acts or omissions in the\nimplementation of this subsection. This subsection shall not be construed to\nlimit, withdraw, or overturn any defense or immunity that exists under statutory\nor common law.\n\nHISTORY: Code 1950, \u00a7 12-41; 1964, c. 551; 1971, Ex. Sess., c. 157; 1985, cc.\n528, 607; 1991, c. 123; 2001, c. 545; 2002, c. 1; 2010, c. 513; 2014, cc. 174,\n197, 347; 2020, cc. 1227, 1246.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}