{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1246.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1246.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1246.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1246.2.html"}],"law_id":58680,"edition_id":1,"section_id":58680,"structure_id":15409,"section_number":"13.1-1246.2","catch_line":"Involuntary cancellation of registration","history":"2008, c. 101; 2009, c. 167.","full_text":"A\n\nThe certificate of registration to transact business in the Commonwealth of any foreign business trust may be canceled involuntarily by order of the Commission when it finds that the foreign business trust:1\n\nHas continued to exceed or abuse the authority conferred upon it by law;2\n\nHas failed to maintain a registered office or a registered agent in the Commonwealth as required by law;3\n\nHas failed to file any document required by this chapter to be filed with the Commission;4\n\nNo longer exists under the laws of the state or other jurisdiction of its formation; or5\n\nHas been convicted for a violation of 8 U.S.C. &#xA7; 1324a (f), as amended, for actions of its trustees or beneficial owners authorized to act on the behalf of a foreign business trust constituting a pattern or practice of employing unauthorized aliens in the Commonwealth.B\n\nBefore entering any such order, the Commission shall issue a rule against the foreign business trust giving it an opportunity to be heard and show cause why such an order should not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.C\n\nThe authority of a foreign business trust to transact business in the Commonwealth ceases on the date shown on the order canceling its certificate of registration.D\n\nThe Commission&#8217;s cancellation of a foreign business trust&#8217;s certificate of registration appoints the clerk of the Commission 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 authorized 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.E\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.F\n\nAny foreign business trust convicted of the offense listed in subdivision A 5 shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction. A certificate of registration canceled pursuant to subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year.","order_by":null,"text":{"0":{"id":215048,"text":"The certificate of registration to transact business in the Commonwealth of any foreign business trust may be canceled involuntarily by order of the Commission when it finds that the foreign business trust:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":215049,"text":"Has continued to exceed or abuse the authority conferred upon it by law;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":215050,"text":"Has failed to maintain a registered office or a registered agent in the Commonwealth as required by law;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":215051,"text":"Has failed to file any document required by this chapter to be filed with the Commission;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":215052,"text":"No longer exists under the laws of the state or other jurisdiction of its formation; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":215053,"text":"Has been convicted for a violation of 8 U.S.C. &#xA7; 1324a (f), as amended, for actions of its trustees or beneficial owners authorized to act on the behalf of a foreign business trust constituting a pattern or practice of employing unauthorized aliens in the Commonwealth.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":215054,"text":"Before entering any such order, the Commission shall issue a rule against the foreign business trust giving it an opportunity to be heard and show cause why such an order should not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":215055,"text":"The authority of a foreign business trust to transact business in the Commonwealth ceases on the date shown on the order canceling its certificate of registration.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":215056,"text":"The Commission&#8217;s cancellation of a foreign business trust&#8217;s certificate of registration appoints the clerk of the Commission 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 authorized 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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":215057,"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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":215058,"text":"Any foreign business trust convicted of the offense listed in subdivision A 5 shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction. A certificate of registration canceled pursuant to subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1246.2\/","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 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0167\">167<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":149485,"object_type":"law","relational_id":58680,"identifier":"13.1-1246.2","token":"13.1\/14\/9\/13.1-1246.2","url":"\/13.1-1246.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1246.2\/","token":"13.1\/14\/9\/13.1-1246.2","dublin_core":{"Title":"Involuntary cancellation of registration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1246.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The certificate of registration to transact business in the Commonwealth of any <span class=\"dictionary\">foreign business trust<\/span> may be canceled involuntarily by <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Commission<\/span> when it finds that the <span class=\"dictionary\">foreign business trust<\/span>: <a id=\"paragraph-215048\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Has continued to exceed or abuse the authority conferred upon it by <span class=\"dictionary\">law<\/span>; <a id=\"paragraph-215049\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Has failed to maintain a registered office or a registered agent in the Commonwealth as required by <span class=\"dictionary\">law<\/span>; <a id=\"paragraph-215050\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Has failed to file any document required by this chapter to be filed with the <span class=\"dictionary\">Commission<\/span>; <a id=\"paragraph-215051\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> No longer exists under the <span class=\"dictionary\">laws<\/span> of the state or other <span class=\"dictionary\">jurisdiction<\/span> of its formation; or <a id=\"paragraph-215052\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Has been convicted for a violation of 8 U.S.C. &#xA7; 1324a (f), as amended, for actions of its <span class=\"dictionary\">trustees<\/span> or <span class=\"dictionary\">beneficial owners<\/span> authorized to act on the behalf of a <span class=\"dictionary\">foreign business trust<\/span> constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. <a id=\"paragraph-215053\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#A5\"><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> Before entering any such <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">Commission<\/span> shall <span class=\"dictionary\">issue<\/span> a rule against the <span class=\"dictionary\">foreign business trust<\/span> giving it an opportunity to be heard and show cause why such an <span class=\"dictionary\">order<\/span> should not be entered. The <span class=\"dictionary\">Commission<\/span> may <span class=\"dictionary\">issue<\/span> the rule on its own <span class=\"dictionary\">motion<\/span> or on <span class=\"dictionary\">motion<\/span> of the <span class=\"dictionary\">Attorney General<\/span>. <a id=\"paragraph-215054\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#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 authority of a <span class=\"dictionary\">foreign business trust<\/span> to transact business in the Commonwealth ceases on the date shown on the <span class=\"dictionary\">order<\/span> canceling its certificate of registration. <a id=\"paragraph-215055\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#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> The <span class=\"dictionary\">Commission<\/span>&#8217;s cancellation of a <span class=\"dictionary\">foreign business trust<\/span>&#8217;s certificate of registration appoints the clerk of the <span class=\"dictionary\">Commission<\/span> 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 authorized 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-215056\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/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-215057\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any <span class=\"dictionary\">foreign business trust<\/span> convicted of the <span class=\"dictionary\">offense<\/span> listed in subdivision A 5 shall immediately report such <span class=\"dictionary\">conviction<\/span> to the <span class=\"dictionary\">Commission<\/span> and file with the <span class=\"dictionary\">Commission<\/span> an authenticated copy of the <span class=\"dictionary\">judgment<\/span> or record of <span class=\"dictionary\">conviction<\/span>. A certificate of registration canceled pursuant to subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year. <a id=\"paragraph-215058\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.2\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINVOLUNTARY CANCELLATION OF REGISTRATION (\u00a7 13.1-1246.2)\n\nA. The certificate of registration to transact business in the Commonwealth of\nany foreign business trust may be canceled involuntarily by order of the\nCommission when it finds that the foreign business trust:\n\n   1. Has continued to exceed or abuse the authority conferred upon it by law;\n\n   2. Has failed to maintain a registered office or a registered agent in the\n   Commonwealth as required by law;\n\n   3. Has failed to file any document required by this chapter to be filed with\n   the Commission;\n\n   4. No longer exists under the laws of the state or other jurisdiction of its\n   formation; or\n\n   5. Has been convicted for a violation of 8 U.S.C. &#xA7; 1324a (f), as\n   amended, for actions of its trustees or beneficial owners authorized to act on\n   the behalf of a foreign business trust constituting a pattern or practice of\n   employing unauthorized aliens in the Commonwealth.\n\nB. Before entering any such order, the Commission shall issue a rule against the\nforeign business trust giving it an opportunity to be heard and show cause why\nsuch an order should not be entered. The Commission may issue the rule on its\nown motion or on motion of the Attorney General.\n\nC. The authority of a foreign business trust to transact business in the\nCommonwealth ceases on the date shown on the order canceling its certificate of\nregistration.\n\nD. The Commission&#8217;s cancellation of a foreign business trust&#8217;s\ncertificate of registration appoints the clerk of the Commission the foreign\nbusiness trust&#8217;s agent for service of process in any proceeding based on a\ncause of action arising during the time the foreign business trust was\nauthorized to transact business in the Commonwealth. Service of process on the\nclerk of the Commission under this subsection is service on the foreign business\ntrust and shall be made on the clerk in accordance with &#xA7; 12.1-19.1.\n\nE. 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\nF. Any foreign business trust convicted of the offense listed in subdivision A 5\nshall immediately report such conviction to the Commission and file with the\nCommission an authenticated copy of the judgment or record of conviction. A\ncertificate of registration canceled pursuant to subdivision A 5 shall not be\neligible for reinstatement for a period of not less than one year.\n\nHISTORY: 2008, c. 101; 2009, c. 167.","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}}