{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1239.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1239.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1239.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1239.html"}],"law_id":82140,"edition_id":1,"section_id":82140,"structure_id":15125,"section_number":"13.1-1239","catch_line":"Reinstatement of a business trust that has ceased to exist","history":"2002, c. 621; 2004, c. 601; 2008, c. 101; 2013, c. 25.","full_text":"A\n\nA business trust that has ceased to exist may apply to the Commission for reinstatement within five years thereafter, unless the cancellation was by order of the Commission (i) entered pursuant to subdivision A 1 of § 13.1-1238.2 or (ii) entered pursuant to § 13.1-1235 and the circuit court’s decree directing dissolution contains no provision for reinstatement of the existence of the business trust.B\n\nTo have its existence reinstated, a business trust shall provide the Commission with the following:1\n\nAn application for reinstatement, which may be in the form of a letter, that includes the identification number issued by the Commission to the business trust;2\n\nA reinstatement fee of $100;3\n\nAll annual registration fees and penalties that were due before the business trust ceased to exist and that would have been assessed or imposed to the date of reinstatement if the business trust’s existence had not been canceled;4\n\nIf the name of the business trust does not comply with the provisions of § 13.1-1214 at the time of reinstatement, articles of amendment to the articles of trust to change the business trust’s name to a name that satisfies the provisions of § 13.1-1214, with the fee required by this chapter for the filing of articles of amendment; and5\n\nIf the business trust’s registered agent has filed a statement of resignation and a new registered agent has not been appointed, a statement of change pursuant to § 13.1-1221.C\n\nIf the business trust complies with the provisions of this section, the Commission shall enter an order of reinstatement of existence. Upon entry of the order, the existence of the business trust shall be deemed to have continued from the date of the cancellation as if the cancellation had never occurred, and any liability incurred by the business trust or a beneficial owner, trustee or other agent after the cancellation and before the reinstatement is determined as if cancellation of the business trust’s existence had never occurred.","order_by":null,"text":{"0":{"id":294391,"text":"A business trust that has ceased to exist may apply to the Commission for reinstatement within five years thereafter, unless the cancellation was by order of the Commission (i) entered pursuant to subdivision A 1 of § 13.1-1238.2 or (ii) entered pursuant to § 13.1-1235 and the circuit court’s decree directing dissolution contains no provision for reinstatement of the existence of the business trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294392,"text":"To have its existence reinstated, a business trust shall provide the Commission with the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":294393,"text":"An application for reinstatement, which may be in the form of a letter, that includes the identification number issued by the Commission to the business trust;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":294394,"text":"A reinstatement fee of $100;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":294395,"text":"All annual registration fees and penalties that were due before the business trust ceased to exist and that would have been assessed or imposed to the date of reinstatement if the business trust’s existence had not been canceled;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":294396,"text":"If the name of the business trust does not comply with the provisions of § 13.1-1214 at the time of reinstatement, articles of amendment to the articles of trust to change the business trust’s name to a name that satisfies the provisions of § 13.1-1214, with the fee required by this chapter for the filing of articles of amendment; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":294397,"text":"If the business trust’s registered agent has filed a statement of resignation and a new registered agent has not been appointed, a statement of change pursuant to § 13.1-1221.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":294398,"text":"If the business trust complies with the provisions of this section, the Commission shall enter an order of reinstatement of existence. Upon entry of the order, the existence of the business trust shall be deemed to have continued from the date of the cancellation as if the cancellation had never occurred, and any liability incurred by the business trust or a beneficial owner, trustee or other agent after the cancellation and before the reinstatement is determined as if cancellation of the business trust’s existence had never occurred.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5"}},"ancestry":[{"id":15125,"edition_id":1,"name":"Dissolution","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12745,"metadata":{},"date_created":"2026-06-26 03:52:18","date_modified":"2026-06-26 03:52:18","permalink":{"id":149417,"object_type":"structure","relational_id":15125,"identifier":"8","token":"13.1\/14\/8","url":"\/13.1\/14\/8\/","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":70888,"structure_id":15125,"section_number":"13.1-1234","catch_line":"Dissolution generally","url":"\/13.1-1234\/","token":"13.1\/14\/8\/13.1-1234","metadata":false},{"id":76577,"structure_id":15125,"section_number":"13.1-1235","catch_line":"Judicial dissolution","url":"\/13.1-1235\/","token":"13.1\/14\/8\/13.1-1235","metadata":false},{"id":71409,"structure_id":15125,"section_number":"13.1-1236","catch_line":"Winding up","url":"\/13.1-1236\/","token":"13.1\/14\/8\/13.1-1236","metadata":false},{"id":78638,"structure_id":15125,"section_number":"13.1-1237","catch_line":"Distribution of assets upon dissolution","url":"\/13.1-1237\/","token":"13.1\/14\/8\/13.1-1237","metadata":false},{"id":57615,"structure_id":15125,"section_number":"13.1-1238","catch_line":"Articles of cancellation","url":"\/13.1-1238\/","token":"13.1\/14\/8\/13.1-1238","metadata":false},{"id":60423,"structure_id":15125,"section_number":"13.1-1238.1","catch_line":"Automatic cancellation of business trust existence","url":"\/13.1-1238.1\/","token":"13.1\/14\/8\/13.1-1238.1","metadata":false},{"id":85409,"structure_id":15125,"section_number":"13.1-1238.2","catch_line":"Involuntary cancellation of business trust existence","url":"\/13.1-1238.2\/","token":"13.1\/14\/8\/13.1-1238.2","metadata":false},{"id":82140,"structure_id":15125,"section_number":"13.1-1239","catch_line":"Reinstatement of a business trust that has ceased to exist","url":"\/13.1-1239\/","token":"13.1\/14\/8\/13.1-1239","metadata":false},{"id":82921,"structure_id":15125,"section_number":"13.1-1240","catch_line":"Dissolution of series","url":"\/13.1-1240\/","token":"13.1\/14\/8\/13.1-1240","metadata":false}],"previous_section":{"id":85409,"structure_id":15125,"section_number":"13.1-1238.2","catch_line":"Involuntary cancellation of business trust existence","url":"\/13.1-1238.2\/","token":"13.1\/14\/8\/13.1-1238.2","metadata":false},"next_section":{"id":82921,"structure_id":15125,"section_number":"13.1-1240","catch_line":"Dissolution of series","url":"\/13.1-1240\/","token":"13.1\/14\/8\/13.1-1240","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1239\/","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 3 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 2004, chapter 601<\/a>; in 2008, chapter 101<\/a>; in 2013, chapter 25<\/a>.<\/p>","references":false,"refers_to":[{"id":68645,"section_number":"13.1-1214","catch_line":"Name","order_by":null,"url":"\/13.1-1214\/"},{"id":76577,"section_number":"13.1-1235","catch_line":"Judicial dissolution","order_by":null,"url":"\/13.1-1235\/"},{"id":85409,"section_number":"13.1-1238.2","catch_line":"Involuntary cancellation of business trust existence","order_by":null,"url":"\/13.1-1238.2\/"}],"permalink":{"id":149447,"object_type":"law","relational_id":82140,"identifier":"13.1-1239","token":"13.1\/14\/8\/13.1-1239","url":"\/13.1-1239\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1239\/","token":"13.1\/14\/8\/13.1-1239","dublin_core":{"Title":"Reinstatement of a business trust that has ceased to exist","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1239","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A business trust<\/span> that has ceased to exist may apply to the Commission<\/span> for reinstatement within five years thereafter, unless the cancellation was by order<\/span> of the Commission<\/span> (i) entered pursuant to subdivision A 1 of § 13.1-1238.2<\/a> or (ii) entered pursuant to § 13.1-1235<\/a> and the circuit<\/span> court<\/span>’s decree<\/span> directing dissolution contains no provision for reinstatement of the existence of the business trust<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To have its existence reinstated, a business trust<\/span> shall provide the Commission<\/span> with the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An application for reinstatement, which may be in the form of a letter, that includes the identification number issued by the Commission<\/span> to the business trust<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A reinstatement fee of $100; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All annual registration fees and penalties that were due before the business trust<\/span> ceased to exist and that would have been assessed or imposed to the date of reinstatement if the business trust<\/span>’s existence had not been canceled; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the name of the business trust<\/span> does not comply with the provisions of § 13.1-1214<\/a> at the time of reinstatement, articles of amendment to the articles of trust<\/span> to change the business trust<\/span>’s name to a name that satisfies the provisions of § 13.1-1214<\/a>, with the fee required by this chapter for the filing of articles of amendment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the business trust<\/span>’s registered agent has filed a statement of resignation and a new registered agent has not been appointed, a statement of change pursuant to § 13.1-1221<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the business trust<\/span> complies with the provisions of this section, the Commission<\/span> shall enter an order<\/span> of reinstatement of existence. Upon entry of the order<\/span>, the existence of the business trust<\/span> shall be deemed to have continued from the date of the cancellation as if the cancellation had never occurred, and any liability incurred by the business trust<\/span> or a beneficial owner<\/span>, trustee<\/span> or other agent after the cancellation and before the reinstatement is determined as if cancellation of the business trust<\/span>’s existence had never occurred. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREINSTATEMENT OF A BUSINESS TRUST THAT HAS CEASED TO EXIST (\u00a7 13.1-1239)\n\nA. A business trust that has ceased to exist may apply to the Commission for\nreinstatement within five years thereafter, unless the cancellation was by order\nof the Commission (i) entered pursuant to subdivision A 1 of § 13.1-1238.2\nor (ii) entered pursuant to § 13.1-1235 and the circuit court’s\ndecree directing dissolution contains no provision for reinstatement of the\nexistence of the business trust.\n\nB. To have its existence reinstated, a business trust shall provide the\nCommission with the following:\n\n 1. An application for reinstatement, which may be in the form of a letter,\n that includes the identification number issued by the Commission to the\n business trust;\n\n 2. A reinstatement fee of $100;\n\n 3. All annual registration fees and penalties that were due before the\n business trust ceased to exist and that would have been assessed or imposed to\n the date of reinstatement if the business trust’s existence had not been\n canceled;\n\n 4. If the name of the business trust does not comply with the provisions of\n § 13.1-1214 at the time of reinstatement, articles of amendment to the\n articles of trust to change the business trust’s name to a name that\n satisfies the provisions of § 13.1-1214, with the fee required by this\n chapter for the filing of articles of amendment; and\n\n 5. If the business trust’s registered agent has filed a statement of\n resignation and a new registered agent has not been appointed, a statement of\n change pursuant to § 13.1-1221.\n\nC. If the business trust complies with the provisions of this section, the\nCommission shall enter an order of reinstatement of existence. Upon entry of the\norder, the existence of the business trust shall be deemed to have continued\nfrom the date of the cancellation as if the cancellation had never occurred, and\nany liability incurred by the business trust or a beneficial owner, trustee or\nother agent after the cancellation and before the reinstatement is determined as\nif cancellation of the business trust’s existence had never occurred.\n\nHISTORY: 2002, c. 621; 2004, c. 601; 2008, c. 101; 2013, c. 25.","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}}