{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1203.html"}],"law_id":70631,"edition_id":1,"section_id":70631,"structure_id":16094,"section_number":"13.1-1203","catch_line":"Issuance of certificate by Commission; recordation of documents","history":"2002, c. 621; 2013, c. 25; 2021, Sp. Sess. I, c. 487.","full_text":"A\n\nWhenever this chapter conditions the effectiveness of a document upon the issuance of a certificate by the Commission to evidence the effectiveness of the document, the Commission shall by order issue the certificate if it finds that the document complies with the provisions of this chapter and that all required fees have been paid. The Commission shall admit any such certificate to record in its office.B\n\nThe existence of a business trust shall begin at the time the Commission issues a certificate of trust, unless a later date and time are specified as provided by subsection D. The certificate of trust shall be conclusive evidence that all conditions precedent required to be performed by the person or persons forming the business trust have been complied with and that the business trust has been formed under this chapter.C\n\nWhenever the Commission is directed to admit any document to record in its office, it shall cause it to be spread upon its record books or to be recorded or reproduced in any other manner the Commission may deem suitable. Except as otherwise provided by law, the Commission may furnish information from and provide access to any of its records by any means the Commission may deem suitable.D\n\n1. A certificate issued by the Commission is effective at the time such certificate is issued, unless the certificate relates to articles filed with the Commission and the articles state that the certificate shall become effective at a later time or date specified in the articles. In that event, the certificate shall become effective at the earlier of the time and date so specified or at 11:59 p.m. on the fifteenth day after the date on which the certificate is issued by the Commission. If a delayed effective date is specified, but no time is specified, the effective time shall be 12:01 a.m. on the date specified. Any other document filed with the Commission shall be effective when accepted for filing unless otherwise provided for in this chapter.2\n\nNotwithstanding subdivision 1, any certificate that has a delayed effective time or date shall not become effective if, prior to the effective time and date, a statement of cancellation signed by each party to the articles to which the certificate relates is delivered to the Commission for filing. If the Commission finds that the statement of cancellation complies with the requirements of the law, it shall, by order, cancel the certificate.3\n\nA statement of cancellation shall contain:\n\t\t\t\ta. The name of the business trust;\n\t\t\t\tb. The name of the articles and the date on which the articles were filed with the Commission;\n\t\t\t\tc. The time and date on which the Commission’s certificate becomes effective; and\n\t\t\t\td. A statement that the articles are being canceled in accordance with this section.4\n\nNotwithstanding subdivision 1, for purposes of §§ 13.1-1214 and 13.1-1244, any certificate that has a delayed effective date shall be deemed to be effective when the certificate is issued.5\n\nFor articles with a delayed effective date and time, the effective date and time shall be Eastern Time.E\n\nThe Commission shall have the power to act upon a petition filed by a business trust at any time to correct Commission records so as to eliminate the effects of clerical errors and of filings made by a person without authority to act for the business trust.","order_by":null,"text":{"0":{"id":254821,"text":"Whenever this chapter conditions the effectiveness of a document upon the issuance of a certificate by the Commission to evidence the effectiveness of the document, the Commission shall by order issue the certificate if it finds that the document complies with the provisions of this chapter and that all required fees have been paid. The Commission shall admit any such certificate to record in its office.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254822,"text":"The existence of a business trust shall begin at the time the Commission issues a certificate of trust, unless a later date and time are specified as provided by subsection D. The certificate of trust shall be conclusive evidence that all conditions precedent required to be performed by the person or persons forming the business trust have been complied with and that the business trust has been formed under this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254823,"text":"Whenever the Commission is directed to admit any document to record in its office, it shall cause it to be spread upon its record books or to be recorded or reproduced in any other manner the Commission may deem suitable. Except as otherwise provided by law, the Commission may furnish information from and provide access to any of its records by any means the Commission may deem suitable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254824,"text":"1. A certificate issued by the Commission is effective at the time such certificate is issued, unless the certificate relates to articles filed with the Commission and the articles state that the certificate shall become effective at a later time or date specified in the articles. In that event, the certificate shall become effective at the earlier of the time and date so specified or at 11:59 p.m. on the fifteenth day after the date on which the certificate is issued by the Commission. If a delayed effective date is specified, but no time is specified, the effective time shall be 12:01 a.m. on the date specified. Any other document filed with the Commission shall be effective when accepted for filing unless otherwise provided for in this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"4":{"id":254825,"text":"Notwithstanding subdivision 1, any certificate that has a delayed effective time or date shall not become effective if, prior to the effective time and date, a statement of cancellation signed by each party to the articles to which the certificate relates is delivered to the Commission for filing. If the Commission finds that the statement of cancellation complies with the requirements of the law, it shall, by order, cancel the certificate.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"5":{"id":254826,"text":"A statement of cancellation shall contain:\n\t\t\t\ta. The name of the business trust;\n\t\t\t\tb. The name of the articles and the date on which the articles were filed with the Commission;\n\t\t\t\tc. The time and date on which the Commission’s certificate becomes effective; and\n\t\t\t\td. A statement that the articles are being canceled in accordance with this section.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"6":{"id":254827,"text":"Notwithstanding subdivision 1, for purposes of §§ 13.1-1214 and 13.1-1244, any certificate that has a delayed effective date shall be deemed to be effective when the certificate is issued.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"7":{"id":254828,"text":"For articles with a delayed effective date and time, the effective date and time shall be Eastern Time.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"8":{"id":254829,"text":"The Commission shall have the power to act upon a petition filed by a business trust at any time to correct Commission records so as to eliminate the effects of clerical errors and of filings made by a person without authority to act for the business trust.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5"}},"ancestry":[{"id":16094,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12745,"metadata":{},"date_created":"2026-06-26 04:05:44","date_modified":"2026-06-26 04:05:44","permalink":{"id":149113,"object_type":"structure","relational_id":16094,"identifier":"1","token":"13.1\/14\/1","url":"\/13.1\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12745,"edition_id":1,"name":"Virginia Business Trust Act","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12744,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":149111,"object_type":"structure","relational_id":12745,"identifier":"14","token":"13.1\/14","url":"\/13.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12744,"edition_id":1,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":147493,"object_type":"structure","relational_id":12744,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63435,"structure_id":16094,"section_number":"13.1-1200","catch_line":"Short title","url":"\/13.1-1200\/","token":"13.1\/14\/1\/13.1-1200","metadata":false},{"id":68199,"structure_id":16094,"section_number":"13.1-1201","catch_line":"Definitions","url":"\/13.1-1201\/","token":"13.1\/14\/1\/13.1-1201","metadata":false},{"id":85760,"structure_id":16094,"section_number":"13.1-1202","catch_line":"Filing requirements","url":"\/13.1-1202\/","token":"13.1\/14\/1\/13.1-1202","metadata":false},{"id":70631,"structure_id":16094,"section_number":"13.1-1203","catch_line":"Issuance of certificate by Commission; recordation of documents","url":"\/13.1-1203\/","token":"13.1\/14\/1\/13.1-1203","metadata":false},{"id":65920,"structure_id":16094,"section_number":"13.1-1204","catch_line":"Fees for filing documents and issuing certificates","url":"\/13.1-1204\/","token":"13.1\/14\/1\/13.1-1204","metadata":false},{"id":80814,"structure_id":16094,"section_number":"13.1-1205","catch_line":"Unlawful to sign false documents; penalty","url":"\/13.1-1205\/","token":"13.1\/14\/1\/13.1-1205","metadata":false},{"id":75366,"structure_id":16094,"section_number":"13.1-1206","catch_line":"Unlawful to transact or offer to transact business as a business trust; penalty","url":"\/13.1-1206\/","token":"13.1\/14\/1\/13.1-1206","metadata":false},{"id":83048,"structure_id":16094,"section_number":"13.1-1207","catch_line":"Tax classification","url":"\/13.1-1207\/","token":"13.1\/14\/1\/13.1-1207","metadata":false},{"id":83351,"structure_id":16094,"section_number":"13.1-1208","catch_line":"Separate legal entity","url":"\/13.1-1208\/","token":"13.1\/14\/1\/13.1-1208","metadata":false}],"previous_section":{"id":85760,"structure_id":16094,"section_number":"13.1-1202","catch_line":"Filing requirements","url":"\/13.1-1202\/","token":"13.1\/14\/1\/13.1-1202","metadata":false},"next_section":{"id":65920,"structure_id":16094,"section_number":"13.1-1204","catch_line":"Fees for filing documents and issuing certificates","url":"\/13.1-1204\/","token":"13.1\/14\/1\/13.1-1204","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1203\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 621<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2013, chapter 25<\/a>.<\/p>","references":[{"id":68199,"section_number":"13.1-1201","catch_line":"Definitions","order_by":null,"url":"\/13.1-1201\/"}],"refers_to":[{"id":68645,"section_number":"13.1-1214","catch_line":"Name","order_by":null,"url":"\/13.1-1214\/"},{"id":83737,"section_number":"13.1-1244","catch_line":"Name","order_by":null,"url":"\/13.1-1244\/"}],"permalink":{"id":149127,"object_type":"law","relational_id":70631,"identifier":"13.1-1203","token":"13.1\/14\/1\/13.1-1203","url":"\/13.1-1203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1203\/","token":"13.1\/14\/1\/13.1-1203","dublin_core":{"Title":"Issuance of certificate by Commission; recordation of documents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever this chapter conditions the effectiveness of a document upon the issuance of a certificate by the Commission<\/span> to evidence<\/span> the effectiveness of the document, the Commission<\/span> shall by order<\/span> issue<\/span> the certificate if it finds that the document complies with the provisions of this chapter and that all required fees have been paid. The Commission<\/span> shall admit any such certificate to record in its office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The existence of a business trust<\/span> shall begin at the time the Commission<\/span> issues<\/span> a certificate of trust, unless a later date and time are specified as provided by subsection D. The certificate of trust shall be conclusive evidence<\/span> that all conditions precedent<\/span> required to be performed by the person<\/span> or persons<\/span> forming the business trust<\/span> have been complied with and that the business trust<\/span> has been formed under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever the Commission<\/span> is directed to admit any document to record in its office, it shall cause it to be spread upon its record books or to be recorded or reproduced in any other manner the Commission<\/span> may deem suitable. Except as otherwise provided by law<\/span>, the Commission<\/span> may furnish information from and provide access to any of its records by any means the Commission<\/span> may deem suitable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. A certificate issued by the Commission<\/span> is effective at the time such certificate is issued, unless the certificate relates to articles filed with the Commission<\/span> and the articles state that the certificate shall become effective at a later time or date specified in the articles. In that event, the certificate shall become effective at the earlier of the time and date so specified or at 11:59 p.m. on the fifteenth day after the date on which the certificate is issued by the Commission<\/span>. If a delayed effective date is specified, but no time is specified, the effective time shall be 12:01 a.m. on the date specified. Any other document filed with the Commission<\/span> shall be effective when accepted for filing unless otherwise provided for in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Notwithstanding subdivision 1, any certificate that has a delayed effective time or date shall not become effective if, prior to the effective time and date, a statement of cancellation signed by each party<\/span> to the articles to which the certificate relates is delivered to the Commission<\/span> for filing. If the Commission<\/span> finds that the statement of cancellation complies with the requirements of the law<\/span>, it shall, by order<\/span>, cancel the certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement of cancellation shall contain:\n\t\t\t\ta. The name of the business trust<\/span>;\n\t\t\t\tb. The name of the articles and the date on which the articles were filed with the Commission<\/span>;\n\t\t\t\tc. The time and date on which the Commission<\/span>’s certificate becomes effective; and\n\t\t\t\td. A statement that the articles are being canceled in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Notwithstanding subdivision 1, for purposes of §§ 13.1-1214<\/a> and 13.1-1244<\/a>, any certificate that has a delayed effective date shall be deemed to be effective when the certificate is issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> For articles with a delayed effective date and time, the effective date and time shall be Eastern Time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commission<\/span> shall have the power to act upon a petition<\/span> filed by a business trust<\/span> at any time to correct Commission<\/span> records so as to eliminate the effects of clerical errors and of filings made by a person<\/span> without authority to act for the business trust<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF CERTIFICATE BY COMMISSION; RECORDATION OF DOCUMENTS (\u00a7 13.1-1203)\n\nA. Whenever this chapter conditions the effectiveness of a document upon the\nissuance of a certificate by the Commission to evidence the effectiveness of the\ndocument, the Commission shall by order issue the certificate if it finds that\nthe document complies with the provisions of this chapter and that all required\nfees have been paid. The Commission shall admit any such certificate to record\nin its office.\n\nB. The existence of a business trust shall begin at the time the Commission\nissues a certificate of trust, unless a later date and time are specified as\nprovided by subsection D. The certificate of trust shall be conclusive evidence\nthat all conditions precedent required to be performed by the person or persons\nforming the business trust have been complied with and that the business trust\nhas been formed under this chapter.\n\nC. Whenever the Commission is directed to admit any document to record in its\noffice, it shall cause it to be spread upon its record books or to be recorded\nor reproduced in any other manner the Commission may deem suitable. Except as\notherwise provided by law, the Commission may furnish information from and\nprovide access to any of its records by any means the Commission may deem\nsuitable.\n\nD. 1. A certificate issued by the Commission is effective at the time such\ncertificate is issued, unless the certificate relates to articles filed with the\nCommission and the articles state that the certificate shall become effective at\na later time or date specified in the articles. In that event, the certificate\nshall become effective at the earlier of the time and date so specified or at\n11:59 p.m. on the fifteenth day after the date on which the certificate is\nissued by the Commission. If a delayed effective date is specified, but no time\nis specified, the effective time shall be 12:01 a.m. on the date specified. Any\nother document filed with the Commission shall be effective when accepted for\nfiling unless otherwise provided for in this chapter.\n\n 2. Notwithstanding subdivision 1, any certificate that has a delayed effective\n time or date shall not become effective if, prior to the effective time and\n date, a statement of cancellation signed by each party to the articles to\n which the certificate relates is delivered to the Commission for filing. If\n the Commission finds that the statement of cancellation complies with the\n requirements of the law, it shall, by order, cancel the certificate.\n\n 3. A statement of cancellation shall contain:\n \t\t\t\ta. The name of the business trust;\n \t\t\t\tb. The name of the articles and the date on which the articles were filed\n with the Commission;\n \t\t\t\tc. The time and date on which the Commission’s certificate becomes\n effective; and\n \t\t\t\td. A statement that the articles are being canceled in accordance with\n this section.\n\n 4. Notwithstanding subdivision 1, for purposes of §§ 13.1-1214 and\n 13.1-1244, any certificate that has a delayed effective date shall be deemed\n to be effective when the certificate is issued.\n\n 5. For articles with a delayed effective date and time, the effective date and\n time shall be Eastern Time.\n\nE. The Commission shall have the power to act upon a petition filed by a\nbusiness trust at any time to correct Commission records so as to eliminate the\neffects of clerical errors and of filings made by a person without authority to\nact for the business trust.\n\nHISTORY: 2002, c. 621; 2013, c. 25; 2021, Sp. Sess. I, c. 487.","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}}