{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1246.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1246.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1246.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1246.3.html"}],"law_id":75732,"edition_id":1,"section_id":75732,"structure_id":15409,"section_number":"13.1-1246.3","catch_line":"Reinstatement of a certificate of registration that has been canceled","history":"2008, c. 101; 2013, c. 25.","full_text":"A\n\nA foreign business trust whose certificate of registration to transact business in the Commonwealth has been canceled may be relieved of the cancellation and have its certificate of registration reinstated by the Commission within five years of the date of cancellation unless the certificate of registration was canceled by order of the Commission entered pursuant to subdivision A 1 of &#xA7; 13.1-1246.2.B\n\nTo have its certificate of registration reinstated, a foreign 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 certificate of registration was canceled and that would have been assessed or imposed to the date of reinstatement if the business trust had not had its certificate of registration canceled;4\n\nA duly authenticated copy of any amendments or corrections made to the articles of trust or other constituent documents of the foreign business trust and any mergers entered into by the foreign business trust from the date of cancellation of its certificate of registration to the date of its application for reinstatement, with an amended application for registration if required for an amendment or a correction, and all fees required by this chapter for the filing of such instruments;5\n\nIf the name of the foreign business trust does not comply with the provisions of &#xA7; 13.1-1214 at the time of reinstatement, an amended application for registration to adopt a designated name for use in the Commonwealth that satisfies the requirements of &#xA7; 13.1-1214, along with the fee required by this chapter for the filing of an amended application for registration; and6\n\nIf the foreign business trust&#8217;s registered agent has filed a statement of resignation and a new registered agent has not been appointed, a statement of change pursuant to &#xA7; 13.1-1221.C\n\nIf the foreign business trust complies with the provisions of this section, the Commission shall enter an order of reinstatement, reinstating the foreign business trust&#8217;s certificate of registration to transact business in the Commonwealth.","order_by":null,"text":{"0":{"id":271937,"text":"A foreign business trust whose certificate of registration to transact business in the Commonwealth has been canceled may be relieved of the cancellation and have its certificate of registration reinstated by the Commission within five years of the date of cancellation unless the certificate of registration was canceled by order of the Commission entered pursuant to subdivision A 1 of &#xA7; 13.1-1246.2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271938,"text":"To have its certificate of registration reinstated, a foreign 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":271939,"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":271940,"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":271941,"text":"All annual registration fees and penalties that were due before the certificate of registration was canceled and that would have been assessed or imposed to the date of reinstatement if the business trust had not had its certificate of registration canceled;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":271942,"text":"A duly authenticated copy of any amendments or corrections made to the articles of trust or other constituent documents of the foreign business trust and any mergers entered into by the foreign business trust from the date of cancellation of its certificate of registration to the date of its application for reinstatement, with an amended application for registration if required for an amendment or a correction, and all fees required by this chapter for the filing of such instruments;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":271943,"text":"If the name of the foreign business trust does not comply with the provisions of &#xA7; 13.1-1214 at the time of reinstatement, an amended application for registration to adopt a designated name for use in the Commonwealth that satisfies the requirements of &#xA7; 13.1-1214, along with the fee required by this chapter for the filing of an amended application for registration; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":271944,"text":"If the foreign business trust&#8217;s registered agent has filed a statement of resignation and a new registered agent has not been appointed, a statement of change pursuant to &#xA7; 13.1-1221.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":271945,"text":"If the foreign business trust complies with the provisions of this section, the Commission shall enter an order of reinstatement, reinstating the foreign business trust&#8217;s certificate of registration to transact business in the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1246.3\/","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":68645,"section_number":"13.1-1214","catch_line":"Name","order_by":null,"url":"\/13.1-1214\/"}],"permalink":{"id":149489,"object_type":"law","relational_id":75732,"identifier":"13.1-1246.3","token":"13.1\/14\/9\/13.1-1246.3","url":"\/13.1-1246.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1246.3\/","token":"13.1\/14\/9\/13.1-1246.3","dublin_core":{"Title":"Reinstatement of a certificate of registration that has been canceled","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1246.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">foreign business trust<\/span> whose certificate of registration to transact business in the Commonwealth has been canceled may be relieved of the cancellation and have its certificate of registration reinstated by the <span class=\"dictionary\">Commission<\/span> within five years of the date of cancellation unless the certificate of registration was canceled by <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Commission<\/span> entered pursuant to subdivision A 1 of &#xA7; <a class=\"law\" title=\"Involuntary cancellation of registration\" href=\"\/13.1-1246.2\/\">13.1-1246.2<\/a>. <a id=\"paragraph-271937\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#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> To have its certificate of registration reinstated, a <span class=\"dictionary\">foreign business trust<\/span> shall provide the <span class=\"dictionary\">Commission<\/span> with the following: <a id=\"paragraph-271938\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> An application for reinstatement, which may be in the form of a letter, that includes the identification number issued by the <span class=\"dictionary\">Commission<\/span> to the business trust; <a id=\"paragraph-271939\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A reinstatement fee of $100; <a id=\"paragraph-271940\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> All annual registration fees and penalties that were due before the certificate of registration was canceled and that would have been assessed or imposed to the date of reinstatement if the business trust had not had its certificate of registration canceled; <a id=\"paragraph-271941\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> A duly authenticated copy of any amendments or corrections made to the <span class=\"dictionary\">articles of trust<\/span> or other constituent documents of the <span class=\"dictionary\">foreign business trust<\/span> and any mergers entered into by the <span class=\"dictionary\">foreign business trust<\/span> from the date of cancellation of its certificate of registration to the date of its application for reinstatement, with an amended application for registration if required for an amendment or a correction, and all fees required by this chapter for the filing of such instruments; <a id=\"paragraph-271942\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> If the name of the <span class=\"dictionary\">foreign business trust<\/span> does not comply with the provisions of &#xA7; <a class=\"law\" title=\"Name\" href=\"\/13.1-1214\/\">13.1-1214<\/a> at the time of reinstatement, an amended application for registration to adopt a designated name for use in the Commonwealth that satisfies the requirements of &#xA7; <a class=\"law\" title=\"Name\" href=\"\/13.1-1214\/\">13.1-1214<\/a>, along with the fee required by this chapter for the filing of an amended application for registration; and <a id=\"paragraph-271943\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> If the <span class=\"dictionary\">foreign business trust<\/span>&#8217;s registered agent has filed a statement of resignation and a new registered agent has not been appointed, 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>. <a id=\"paragraph-271944\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#B6\"><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> If the <span class=\"dictionary\">foreign business trust<\/span> complies with the provisions of this section, the <span class=\"dictionary\">Commission<\/span> shall enter an <span class=\"dictionary\">order<\/span> of reinstatement, reinstating the <span class=\"dictionary\">foreign business trust<\/span>&#8217;s certificate of registration to transact business in the Commonwealth. <a id=\"paragraph-271945\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-1246.3\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREINSTATEMENT OF A CERTIFICATE OF REGISTRATION THAT HAS BEEN CANCELED (\u00a7\n13.1-1246.3)\n\nA. A foreign business trust whose certificate of registration to transact\nbusiness in the Commonwealth has been canceled may be relieved of the\ncancellation and have its certificate of registration reinstated by the\nCommission within five years of the date of cancellation unless the certificate\nof registration was canceled by order of the Commission entered pursuant to\nsubdivision A 1 of &#xA7; 13.1-1246.2.\n\nB. To have its certificate of registration reinstated, a foreign business trust\nshall provide the Commission 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   certificate of registration was canceled and that would have been assessed or\n   imposed to the date of reinstatement if the business trust had not had its\n   certificate of registration canceled;\n\n   4. A duly authenticated copy of any amendments or corrections made to the\n   articles of trust or other constituent documents of the foreign business trust\n   and any mergers entered into by the foreign business trust from the date of\n   cancellation of its certificate of registration to the date of its application\n   for reinstatement, with an amended application for registration if required\n   for an amendment or a correction, and all fees required by this chapter for\n   the filing of such instruments;\n\n   5. If the name of the foreign business trust does not comply with the\n   provisions of &#xA7; 13.1-1214 at the time of reinstatement, an amended\n   application for registration to adopt a designated name for use in the\n   Commonwealth that satisfies the requirements of &#xA7; 13.1-1214, along with\n   the fee required by this chapter for the filing of an amended application for\n   registration; and\n\n   6. If the foreign business trust&#8217;s registered agent has filed a\n   statement of resignation and a new registered agent has not been appointed, a\n   statement of change pursuant to &#xA7; 13.1-1221.\n\nC. If the foreign business trust complies with the provisions of this section,\nthe Commission shall enter an order of reinstatement, reinstating the foreign\nbusiness trust&#8217;s certificate of registration to transact business in the\nCommonwealth.\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}}