{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1401.html"}],"law_id":76083,"edition_id":1,"section_id":76083,"structure_id":14156,"section_number":"55.1-1401","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","history":"1973, c. 301, \u00a7 55-218.1; 1987, c. 360; 2006, c. 318; 2008, c. 119; 2019, cc. 365, 712.","full_text":"A\n\nAs used in this section, “nonresident property owner” means any nonresident individual or group of individuals who owns and leases commercial real property within a county or city in the Commonwealth.B\n\nEvery nonresident property owner shall appoint and continuously maintain an agent who (i) if such agent is an individual, is a resident of the Commonwealth, or if such agent is a corporation, limited liability company, partnership, or other entity, is authorized to transact business in the Commonwealth and (ii) maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners regarding any such real property shall specifically designate such agent and the agent’s office address for the purpose of service of any process, notice, order, or demand required or permitted by law to be served upon such nonresident property owner.C\n\nWhenever any nonresident property owner fails to appoint or maintain an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary of the Commonwealth shall be an agent of the nonresident property owner upon whom may be served any process, notice, order, or demand. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner at his address as shown on the official tax records maintained by the locality where the property is located.D\n\nThe name and office address of the agent appointed as provided in this section shall be filed in the office of the clerk of the court in which deeds are recorded in the county or city in which the property lies. Recordation shall be in the same book as certificates of fictitious names are recorded as provided by § 59.1-74 for which the clerk shall be entitled to a fee of $10.E\n\nNo nonresident property owner shall maintain an action in the courts of the Commonwealth concerning property for which a designation is required by this section until such designation has been filed.","order_by":null,"text":{"0":{"id":273074,"text":"As used in this section, “nonresident property owner” means any nonresident individual or group of individuals who owns and leases commercial real property within a county or city in the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273075,"text":"Every nonresident property owner shall appoint and continuously maintain an agent who (i) if such agent is an individual, is a resident of the Commonwealth, or if such agent is a corporation, limited liability company, partnership, or other entity, is authorized to transact business in the Commonwealth and (ii) maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners regarding any such real property shall specifically designate such agent and the agent’s office address for the purpose of service of any process, notice, order, or demand required or permitted by law to be served upon such nonresident property owner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273076,"text":"Whenever any nonresident property owner fails to appoint or maintain an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary of the Commonwealth shall be an agent of the nonresident property owner upon whom may be served any process, notice, order, or demand. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner at his address as shown on the official tax records maintained by the locality where the property is located.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273077,"text":"The name and office address of the agent appointed as provided in this section shall be filed in the office of the clerk of the court in which deeds are recorded in the county or city in which the property lies. Recordation shall be in the same book as certificates of fictitious names are recorded as provided by § 59.1-74 for which the clerk shall be entitled to a fee of $10.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273078,"text":"No nonresident property owner shall maintain an action in the courts of the Commonwealth concerning property for which a designation is required by this section until such designation has been filed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14156,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14155,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":246273,"object_type":"structure","relational_id":14156,"identifier":"1","token":"55.1\/III\/14\/1","url":"\/55.1\/III\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14155,"edition_id":1,"name":"Nonresidential Tenancies","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":246271,"object_type":"structure","relational_id":14155,"identifier":"14","token":"55.1\/III\/14","url":"\/55.1\/III\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75454,"structure_id":14156,"section_number":"55.1-1400","catch_line":"Applicability; right to terminate tenant","url":"\/55.1-1400\/","token":"55.1\/III\/14\/1\/55.1-1400","metadata":false},{"id":76083,"structure_id":14156,"section_number":"55.1-1401","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1401\/","token":"55.1\/III\/14\/1\/55.1-1401","metadata":false},{"id":66512,"structure_id":14156,"section_number":"55.1-1402","catch_line":"Apportionment on purchase of part of land by holder of rent","url":"\/55.1-1402\/","token":"55.1\/III\/14\/1\/55.1-1402","metadata":false},{"id":55315,"structure_id":14156,"section_number":"55.1-1403","catch_line":"Perfection of lien or interest in leases, rents, and profits","url":"\/55.1-1403\/","token":"55.1\/III\/14\/1\/55.1-1403","metadata":false},{"id":74794,"structure_id":14156,"section_number":"55.1-1404","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","url":"\/55.1-1404\/","token":"55.1\/III\/14\/1\/55.1-1404","metadata":false},{"id":76834,"structure_id":14156,"section_number":"55.1-1405","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1405\/","token":"55.1\/III\/14\/1\/55.1-1405","metadata":false}],"previous_section":{"id":75454,"structure_id":14156,"section_number":"55.1-1400","catch_line":"Applicability; right to terminate tenant","url":"\/55.1-1400\/","token":"55.1\/III\/14\/1\/55.1-1400","metadata":false},"next_section":{"id":66512,"structure_id":14156,"section_number":"55.1-1402","catch_line":"Apportionment on purchase of part of land by holder of rent","url":"\/55.1-1402\/","token":"55.1\/III\/14\/1\/55.1-1402","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1401\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 301 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. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1987, chapter 360; in 2006, chapter 318<\/a>; in 2008, chapter 119<\/a>; in 2019, chapters 365<\/a> and 712<\/a>.<\/p>","references":false,"refers_to":[{"id":60231,"section_number":"59.1-74","catch_line":"Recordation of certificate and registration of names","order_by":null,"url":"\/59.1-74\/"}],"permalink":{"id":246279,"object_type":"law","relational_id":76083,"identifier":"55.1-1401","token":"55.1\/III\/14\/1\/55.1-1401","url":"\/55.1-1401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1401\/","token":"55.1\/III\/14\/1\/55.1-1401","dublin_core":{"Title":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “nonresident property owner<\/span>” means any nonresident individual or group of individuals who owns and leases commercial real property within a county or city in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every nonresident property owner<\/span> shall appoint and continuously maintain an agent who (i) if such agent is an individual, is a resident of the Commonwealth, or if such agent is a corporation, limited liability company, partnership, or other entity, is authorized to transact business in the Commonwealth and (ii) maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners<\/span> regarding any such real property shall specifically designate such agent and the agent’s office address for the purpose of service of any process, notice, order<\/span>, or demand required or permitted by law<\/span> to be served upon such nonresident property owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever any nonresident property owner<\/span> fails to appoint or maintain an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary of the Commonwealth shall be an agent of the nonresident property owner<\/span> upon whom may be served any process, notice, order<\/span>, or demand. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner<\/span> at his address as shown on the official tax records maintained by the locality where the property is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The name and office address of the agent appointed as provided in this section shall be filed in the office of the clerk of the court<\/span> in which deeds are recorded in the county or city in which the property lies. Recordation shall be in the same book as certificates of fictitious names are recorded as provided by § 59.1-74<\/a> for which the clerk shall be entitled to a fee of $10. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No nonresident property owner<\/span> shall maintain an action in the courts<\/span> of the Commonwealth concerning property for which a designation is required by this section until such designation has been filed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF RESIDENT AGENT BY NONRESIDENT PROPERTY OWNER; SERVICE OF PROCESS,\nETC., ON SUCH AGENT OR ON SECRETARY OF THE COMMONWEALTH (\u00a7 55.1-1401)\n\nA. As used in this section, “nonresident property owner” means any\nnonresident individual or group of individuals who owns and leases commercial\nreal property within a county or city in the Commonwealth.\n\nB. Every nonresident property owner shall appoint and continuously maintain an\nagent who (i) if such agent is an individual, is a resident of the Commonwealth,\nor if such agent is a corporation, limited liability company, partnership, or\nother entity, is authorized to transact business in the Commonwealth and (ii)\nmaintains a business office within the Commonwealth. Every lease executed by or\non behalf of nonresident property owners regarding any such real property shall\nspecifically designate such agent and the agent’s office address for the\npurpose of service of any process, notice, order, or demand required or\npermitted by law to be served upon such nonresident property owner.\n\nC. Whenever any nonresident property owner fails to appoint or maintain an\nagent, as required in this section, or whenever his agent cannot with reasonable\ndiligence be found, then the Secretary of the Commonwealth shall be an agent of\nthe nonresident property owner upon whom may be served any process, notice,\norder, or demand. Service may be made on the Secretary of the Commonwealth or\nany of his staff at his office who shall forthwith cause it to be sent by\nregistered or certified mail addressed to the nonresident property owner at his\naddress as shown on the official tax records maintained by the locality where\nthe property is located.\n\nD. The name and office address of the agent appointed as provided in this\nsection shall be filed in the office of the clerk of the court in which deeds\nare recorded in the county or city in which the property lies. Recordation shall\nbe in the same book as certificates of fictitious names are recorded as provided\nby § 59.1-74 for which the clerk shall be entitled to a fee of $10.\n\nE. No nonresident property owner shall maintain an action in the courts of the\nCommonwealth concerning property for which a designation is required by this\nsection until such designation has been filed.\n\nHISTORY: 1973, c. 301, \u00a7 55-218.1; 1987, c. 360; 2006, c. 318; 2008, c. 119;\n2019, cc. 365, 712.","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}}