{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1246.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1246.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1246.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1246.1.html"}],"law_id":66132,"edition_id":1,"section_id":66132,"structure_id":15409,"section_number":"13.1-1246.1","catch_line":"Automatic cancellation of registration","history":"2008, c. 101; 2013, c. 25.","full_text":"A\n\nWhether or not the notice described in subsection B of &#xA7; 13.1-1254 is mailed, if any foreign business trust fails to pay its annual registration fee on or before December 31 of the year assessed, such foreign business trust shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day.B\n\nIf any foreign business trust whose registered agent has filed with the Commission a statement of resignation pursuant to &#xA7; 13.1-1222 fails to file a statement of change pursuant to &#xA7; 13.1-1221 within 31 days after the date on which the statement of resignation was filed, the Commission shall mail notice to the foreign business trust of the impending cancellation of its certificate of registration. If the business trust fails to file the statement of change before the last day of the second month immediately following the month in which the impending cancellation notice was mailed, the business trust shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day.C\n\nThe automatic cancellation of a foreign business trust&#8217;s certificate of registration constitutes the appointment of the clerk of the Commission as the foreign business trust&#8217;s agent for service of process in any proceeding based on a cause of action arising during the time the foreign business trust was registered to transact business in the Commonwealth. Service of process on the clerk of the Commission under this subsection is service on the foreign business trust and shall be made on the clerk in accordance with &#xA7; 12.1-19.1.D\n\nCancellation of a foreign business trust&#8217;s certificate of registration does not terminate the authority of the registered agent of the foreign business trust.","order_by":null,"text":{"0":{"id":240254,"text":"Whether or not the notice described in subsection B of &#xA7; 13.1-1254 is mailed, if any foreign business trust fails to pay its annual registration fee on or before December 31 of the year assessed, such foreign business trust shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240255,"text":"If any foreign business trust whose registered agent has filed with the Commission a statement of resignation pursuant to &#xA7; 13.1-1222 fails to file a statement of change pursuant to &#xA7; 13.1-1221 within 31 days after the date on which the statement of resignation was filed, the Commission shall mail notice to the foreign business trust of the impending cancellation of its certificate of registration. If the business trust fails to file the statement of change before the last day of the second month immediately following the month in which the impending cancellation notice was mailed, the business trust shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240256,"text":"The automatic cancellation of a foreign business trust&#8217;s certificate of registration constitutes the appointment of the clerk of the Commission as the foreign business trust&#8217;s agent for service of process in any proceeding based on a cause of action arising during the time the foreign business trust was registered to transact business in the Commonwealth. Service of process on the clerk of the Commission under this subsection is service on the foreign business trust and shall be made on the clerk in accordance with &#xA7; 12.1-19.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240257,"text":"Cancellation of a foreign business trust&#8217;s certificate of registration does not terminate the authority of the registered agent of the foreign business trust.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15409,"edition_id":1,"name":"Foreign Business Trusts","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12745,"metadata":{},"date_created":"2026-06-26 03:54:42","date_modified":"2026-06-26 03:54:42","permalink":{"id":149455,"object_type":"structure","relational_id":15409,"identifier":"9","token":"13.1\/14\/9","url":"\/13.1\/14\/9\/","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":77250,"structure_id":15409,"section_number":"13.1-1241","catch_line":"Authority to transact business required; governing law","url":"\/13.1-1241\/","token":"13.1\/14\/9\/13.1-1241","metadata":false},{"id":65259,"structure_id":15409,"section_number":"13.1-1242","catch_line":"Application for certificate of registration","url":"\/13.1-1242\/","token":"13.1\/14\/9\/13.1-1242","metadata":false},{"id":69880,"structure_id":15409,"section_number":"13.1-1243","catch_line":"Repealed","url":"\/13.1-1243\/","token":"13.1\/14\/9\/13.1-1243","metadata":false},{"id":83737,"structure_id":15409,"section_number":"13.1-1244","catch_line":"Name","url":"\/13.1-1244\/","token":"13.1\/14\/9\/13.1-1244","metadata":false},{"id":87189,"structure_id":15409,"section_number":"13.1-1245","catch_line":"Amendments; amended applications for registration","url":"\/13.1-1245\/","token":"13.1\/14\/9\/13.1-1245","metadata":false},{"id":80776,"structure_id":15409,"section_number":"13.1-1246","catch_line":"Voluntary cancellation of certificate of registration","url":"\/13.1-1246\/","token":"13.1\/14\/9\/13.1-1246","metadata":false},{"id":66132,"structure_id":15409,"section_number":"13.1-1246.1","catch_line":"Automatic cancellation of registration","url":"\/13.1-1246.1\/","token":"13.1\/14\/9\/13.1-1246.1","metadata":false},{"id":58680,"structure_id":15409,"section_number":"13.1-1246.2","catch_line":"Involuntary cancellation of registration","url":"\/13.1-1246.2\/","token":"13.1\/14\/9\/13.1-1246.2","metadata":false},{"id":75732,"structure_id":15409,"section_number":"13.1-1246.3","catch_line":"Reinstatement of a certificate of registration that has been canceled","url":"\/13.1-1246.3\/","token":"13.1\/14\/9\/13.1-1246.3","metadata":false},{"id":64625,"structure_id":15409,"section_number":"13.1-1247","catch_line":"Transaction of business without registration; civil penalty","url":"\/13.1-1247\/","token":"13.1\/14\/9\/13.1-1247","metadata":false},{"id":67656,"structure_id":15409,"section_number":"13.1-1248","catch_line":"Actions by Attorney General","url":"\/13.1-1248\/","token":"13.1\/14\/9\/13.1-1248","metadata":false},{"id":59725,"structure_id":15409,"section_number":"13.1-1249","catch_line":"Transactions not constituting doing business","url":"\/13.1-1249\/","token":"13.1\/14\/9\/13.1-1249","metadata":false},{"id":80217,"structure_id":15409,"section_number":"13.1-1250","catch_line":"Merger of foreign business trust registered to transact business in Commonwealth","url":"\/13.1-1250\/","token":"13.1\/14\/9\/13.1-1250","metadata":false},{"id":59164,"structure_id":15409,"section_number":"13.1-1250.1","catch_line":"Entity conversion of foreign business trust registered to transact business in Commonwealth","url":"\/13.1-1250.1\/","token":"13.1\/14\/9\/13.1-1250.1","metadata":false}],"previous_section":{"id":80776,"structure_id":15409,"section_number":"13.1-1246","catch_line":"Voluntary cancellation of certificate of registration","url":"\/13.1-1246\/","token":"13.1\/14\/9\/13.1-1246","metadata":false},"next_section":{"id":58680,"structure_id":15409,"section_number":"13.1-1246.2","catch_line":"Involuntary cancellation of registration","url":"\/13.1-1246.2\/","token":"13.1\/14\/9\/13.1-1246.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1246.1\/","history_text":"<p>This law was first created in 2008. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0101\">101<\/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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0025\">25<\/a>.<\/p>","references":false,"refers_to":[{"id":65059,"section_number":"13.1-1221","catch_line":"Change of registered office or registered agent","order_by":null,"url":"\/13.1-1221\/"},{"id":84513,"section_number":"13.1-1222","catch_line":"Resignation of registered agent","order_by":null,"url":"\/13.1-1222\/"},{"id":75240,"section_number":"13.1-1254","catch_line":"Penalty for failure to timely pay annual registration fees or file statement of change","order_by":null,"url":"\/13.1-1254\/"}],"permalink":{"id":149481,"object_type":"law","relational_id":66132,"identifier":"13.1-1246.1","token":"13.1\/14\/9\/13.1-1246.1","url":"\/13.1-1246.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1246.1\/","token":"13.1\/14\/9\/13.1-1246.1","dublin_core":{"Title":"Automatic cancellation of registration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1246.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whether or not the notice described in subsection B of &#xA7; <a class=\"law\" title=\"Penalty for failure to timely pay annual registration fees or file statement of change\" href=\"\/13.1-1254\/\">13.1-1254<\/a> is mailed, if any <span class=\"dictionary\">foreign business trust<\/span> fails to pay its annual registration fee on or before December 31 of the year assessed, such <span class=\"dictionary\">foreign business trust<\/span> shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day. <a id=\"paragraph-240254\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If any <span class=\"dictionary\">foreign business trust<\/span> whose registered agent has filed with the <span class=\"dictionary\">Commission<\/span> a statement of resignation pursuant to &#xA7; <a class=\"law\" title=\"Resignation of registered agent\" href=\"\/13.1-1222\/\">13.1-1222<\/a> fails to file a statement of change pursuant to &#xA7; <a class=\"law\" title=\"Change of registered office or registered agent\" href=\"\/13.1-1221\/\">13.1-1221<\/a> within 31 days after the date on which the statement of resignation was filed, the <span class=\"dictionary\">Commission<\/span> shall mail notice to the <span class=\"dictionary\">foreign business trust<\/span> of the impending cancellation of its certificate of registration. If the business trust fails to file the statement of change before the last day of the second month immediately following the month in which the impending cancellation notice was mailed, the business trust shall automatically cease to be authorized to transact business in the Commonwealth and its certificate of registration shall be automatically canceled as of that day. <a id=\"paragraph-240255\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The automatic cancellation of a <span class=\"dictionary\">foreign business trust<\/span>&#8217;s certificate of registration constitutes the appointment of the clerk of the <span class=\"dictionary\">Commission<\/span> as the <span class=\"dictionary\">foreign business trust<\/span>&#8217;s agent for <span class=\"dictionary\">service of process<\/span> in any proceeding based on a <span class=\"dictionary\">cause of action<\/span> arising during the time the <span class=\"dictionary\">foreign business trust<\/span> was registered to transact business in the Commonwealth. <span class=\"dictionary\">Service of process<\/span> on the clerk of the <span class=\"dictionary\">Commission<\/span> under this subsection is service on the <span class=\"dictionary\">foreign business trust<\/span> and shall be made on the clerk in accordance with &#xA7; <a class=\"law\" title=\"Service of process on the Clerk of the State Corporation Commission as statutory agent\" href=\"\/12.1-19.1\/\">12.1-19.1<\/a>. <a id=\"paragraph-240256\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Cancellation of a <span class=\"dictionary\">foreign business trust<\/span>&#8217;s certificate of registration does not terminate the authority of the registered agent of the <span class=\"dictionary\">foreign business trust<\/span>. <a id=\"paragraph-240257\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTOMATIC CANCELLATION OF REGISTRATION (\u00a7 13.1-1246.1)\n\nA. Whether or not the notice described in subsection B of &#xA7; 13.1-1254 is\nmailed, if any foreign business trust fails to pay its annual registration fee\non or before December 31 of the year assessed, such foreign business trust shall\nautomatically cease to be authorized to transact business in the Commonwealth\nand its certificate of registration shall be automatically canceled as of that\nday.\n\nB. If any foreign business trust whose registered agent has filed with the\nCommission a statement of resignation pursuant to &#xA7; 13.1-1222 fails to file\na statement of change pursuant to &#xA7; 13.1-1221 within 31 days after the date\non which the statement of resignation was filed, the Commission shall mail\nnotice to the foreign business trust of the impending cancellation of its\ncertificate of registration. If the business trust fails to file the statement\nof change before the last day of the second month immediately following the\nmonth in which the impending cancellation notice was mailed, the business trust\nshall automatically cease to be authorized to transact business in the\nCommonwealth and its certificate of registration shall be automatically canceled\nas of that day.\n\nC. The automatic cancellation of a foreign business trust&#8217;s certificate of\nregistration constitutes the appointment of the clerk of the Commission as the\nforeign business trust&#8217;s agent for service of process in any proceeding\nbased on a cause of action arising during the time the foreign business trust\nwas registered to transact business in the Commonwealth. Service of process on\nthe clerk of the Commission under this subsection is service on the foreign\nbusiness trust and shall be made on the clerk in accordance with &#xA7;\n12.1-19.1.\n\nD. Cancellation of a foreign business trust&#8217;s certificate of registration\ndoes not terminate the authority of the registered agent of the foreign business\ntrust.\n\nHISTORY: 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}}