{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1231.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1231.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1231.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1231.html"}],"law_id":81837,"edition_id":1,"section_id":81837,"structure_id":16831,"section_number":"13.1-1231","catch_line":"Capacity to sue and be sued; process; liabilities and obligations; attachment; seizure of certain assets","history":"2002, c. 621.","full_text":"A\n\nA business trust may sue and be sued in its own name, and service of process on one of the trustees shall be sufficient to constitute service on the business trust.B\n\nA business trust may be sued for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly authorized agents of such trustees, in the performance of their respective duties under the governing instrument of the business trust, and for any damages to persons or property resulting from the negligence of such trustees or agents acting in the performance of such respective duties.C\n\nThe property of a business trust is subject to attachment and execution as if the business trust was a Virginia corporation organized under Chapter 9 (§ 13.1-601 et seq.) of this title.D\n\nNotwithstanding the provisions of this section, in the event that the governing instrument of a business trust, including a business trust that is a registered investment company under the Investment Company Act of 1940, as amended, creates one or more series as provided in subsection B of § 13.1-1219, and if separate and distinct records are maintained for any such series and the assets associated with any such series are held and accounted for separately from the other assets of the business trust, or any other series, and if the governing instrument so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the articles of trust of the business trust, then the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to a particular series shall be enforceable against the assets of that series only, and not against the assets of the business trust generally or any other series, and, unless otherwise provided in the articles of trust or in the governing instrument, none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the business trust generally or any other series shall be enforceable against the assets of that series.","order_by":null,"text":{"0":{"id":293192,"text":"A business trust may sue and be sued in its own name, and service of process on one of the trustees shall be sufficient to constitute service on the business trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293193,"text":"A business trust may be sued for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly authorized agents of such trustees, in the performance of their respective duties under the governing instrument of the business trust, and for any damages to persons or property resulting from the negligence of such trustees or agents acting in the performance of such respective duties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293194,"text":"The property of a business trust is subject to attachment and execution as if the business trust was a Virginia corporation organized under Chapter 9 (§ 13.1-601 et seq.) of this title.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293195,"text":"Notwithstanding the provisions of this section, in the event that the governing instrument of a business trust, including a business trust that is a registered investment company under the Investment Company Act of 1940, as amended, creates one or more series as provided in subsection B of § 13.1-1219, and if separate and distinct records are maintained for any such series and the assets associated with any such series are held and accounted for separately from the other assets of the business trust, or any other series, and if the governing instrument so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the articles of trust of the business trust, then the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to a particular series shall be enforceable against the assets of that series only, and not against the assets of the business trust generally or any other series, and, unless otherwise provided in the articles of trust or in the governing instrument, none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the business trust generally or any other series shall be enforceable against the assets of that series.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16831,"edition_id":1,"name":"Legal Proceedings","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12745,"metadata":{},"date_created":"2026-06-26 04:49:16","date_modified":"2026-06-26 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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":81837,"structure_id":16831,"section_number":"13.1-1231","catch_line":"Capacity to sue and be sued; process; liabilities and obligations; attachment; seizure of certain assets","url":"\/13.1-1231\/","token":"13.1\/14\/6\/13.1-1231","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1231\/","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.<\/p>","references":[{"id":82921,"section_number":"13.1-1240","catch_line":"Dissolution of series","order_by":null,"url":"\/13.1-1240\/"}],"refers_to":[{"id":84854,"section_number":"13.1-1219","catch_line":"Governing instrument","order_by":null,"url":"\/13.1-1219\/"},{"id":62759,"section_number":"13.1-601","catch_line":"Short title","order_by":null,"url":"\/13.1-601\/"}],"permalink":{"id":149403,"object_type":"law","relational_id":81837,"identifier":"13.1-1231","token":"13.1\/14\/6\/13.1-1231","url":"\/13.1-1231\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1231\/","token":"13.1\/14\/6\/13.1-1231","dublin_core":{"Title":"Capacity to sue and be sued; process; liabilities and obligations; attachment; seizure of certain assets","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1231","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A business trust<\/span> may sue and be sued in its own name, and service of process<\/span> on one of the trustees<\/span> shall be sufficient to constitute service on the business trust<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A business trust<\/span> may be sued for debts and other obligations or liabilities contracted or incurred by the trustees<\/span>, or by the duly authorized agents of such trustees<\/span>, in the performance of their respective duties under the governing instrument<\/span> of the business trust<\/span>, and for any damages<\/span> to persons<\/span> or property resulting from the negligence<\/span> of such trustees<\/span> or agents acting in the performance of such respective duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The property of a business trust<\/span> is subject to attachment<\/span> and execution as if the business trust<\/span> was a Virginia corporation organized under Chapter 9 (§ 13.1-601<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of this section, in the event that the governing instrument<\/span> of a business trust<\/span>, including a business trust<\/span> that is a registered investment company under the Investment Company Act of 1940, as amended, creates one or more series as provided in subsection B of § 13.1-1219<\/a>, and if separate and distinct records are maintained for any such series and the assets<\/span> associated with any such series are held and accounted for separately from the other assets<\/span> of the business trust<\/span>, or any other series, and if the governing instrument<\/span> so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the articles of trust<\/span> of the business trust<\/span>, then the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to a particular series shall be enforceable against the assets<\/span> of that series only, and not against the assets<\/span> of the business trust<\/span> generally or any other series, and, unless otherwise provided in the articles of trust<\/span> or in the governing instrument<\/span>, none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the business trust<\/span> generally or any other series shall be enforceable against the assets<\/span> of that series. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCAPACITY TO SUE AND BE SUED; PROCESS; LIABILITIES AND OBLIGATIONS; ATTACHMENT;\nSEIZURE OF CERTAIN ASSETS (\u00a7 13.1-1231)\n\nA. A business trust may sue and be sued in its own name, and service of process\non one of the trustees shall be sufficient to constitute service on the business\ntrust.\n\nB. A business trust may be sued for debts and other obligations or liabilities\ncontracted or incurred by the trustees, or by the duly authorized agents of such\ntrustees, in the performance of their respective duties under the governing\ninstrument of the business trust, and for any damages to persons or property\nresulting from the negligence of such trustees or agents acting in the\nperformance of such respective duties.\n\nC. The property of a business trust is subject to attachment and execution as if\nthe business trust was a Virginia corporation organized under Chapter 9 (§\n13.1-601 et seq.) of this title.\n\nD. Notwithstanding the provisions of this section, in the event that the\ngoverning instrument of a business trust, including a business trust that is a\nregistered investment company under the Investment Company Act of 1940, as\namended, creates one or more series as provided in subsection B of §\n13.1-1219, and if separate and distinct records are maintained for any such\nseries and the assets associated with any such series are held and accounted for\nseparately from the other assets of the business trust, or any other series, and\nif the governing instrument so provides, and notice of the limitation on\nliabilities of a series as referenced in this subsection is set forth in the\narticles of trust of the business trust, then the debts, liabilities,\nobligations, and expenses incurred, contracted for, or otherwise existing with\nrespect to a particular series shall be enforceable against the assets of that\nseries only, and not against the assets of the business trust generally or any\nother series, and, unless otherwise provided in the articles of trust or in the\ngoverning instrument, none of the debts, liabilities, obligations, and expenses\nincurred, contracted for, or otherwise existing with respect to the business\ntrust generally or any other series shall be enforceable against the assets of\nthat series.\n\nHISTORY: 2002, c. 621.","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}}