                                 CODE OF VIRGINIA

NAME (§ 13.1-1214)

A. A business trust name may contain:

   1. One or more of the following words: &#8220;association,&#8221;
   &#8220;club,&#8221; &#8220;company,&#8221; &#8220;foundation,&#8221;
   &#8220;fund,&#8221; &#8220;institute,&#8221; &#8220;society,&#8221;
   &#8220;syndicate,&#8221; or &#8220;union,&#8221; or abbreviations of like
   import; and

   2. The word &#8220;trust,&#8221; provided that the context or remaining words
   in the name meet the standards prescribed in &#xA7;&#xA7; 6.2-939 and
   6.2-1040.

B. A business trust name shall not contain:

   1. Any word, abbreviation, or combination of characters that states or implies
   the business trust is a corporation, a limited liability company, a limited
   partnership, a registered limited liability partnership, or a protected series
   of a series limited liability company; or

   2. Any word or phrase the use of which is prohibited by law for such business
   trust.

C. Except as authorized by subsection D, a business trust name shall be
distinguishable upon the records of the Commission from:

   1. The name of a domestic business trust or a foreign business trust
   registered to transact business in the Commonwealth;

   2. A business trust name reserved under &#xA7; 13.1-1215;

   3. The designated name adopted by a foreign business trust because its real
   name is unavailable for use in the Commonwealth;

   4. The name of any corporation, whether issuing shares or not issuing shares,
   existing under the laws of the Commonwealth or authorized to transact business
   in the Commonwealth;

   5. A corporate name reserved or registered under &#xA7; 13.1-631, 13.1-632,
   13.1-830, or 13.1-831;

   6. The designated name adopted by a foreign corporation, whether issuing
   shares or not issuing shares, because its real name is unavailable for use in
   the Commonwealth;

   7. The name of a domestic limited liability company or a foreign limited
   liability company registered to transact business in the Commonwealth;

   8. A limited liability company name reserved under &#xA7; 13.1-1013;

   9. The designated name adopted by a foreign limited liability company because
   its real name is unavailable for use in the Commonwealth;

   10. The name of a domestic limited partnership or a foreign limited
   partnership registered to transact business in the Commonwealth;

   11. A limited partnership name reserved under &#xA7; 50-73.3; and

   12. The designated name adopted by a foreign limited partnership because its
   real name is unavailable for use in the Commonwealth.

D. A domestic business trust may apply to the Commission for authorization to
use a name that is not distinguishable upon its records from one or more of the
names described in subsection C. The Commission shall authorize use of the name
applied for if the other domestic or foreign business trust or other business
entity consents to the use in writing and submits an undertaking in a form
satisfactory to the Commission to change its name to a name that is
distinguishable upon the records of the Commission from the name of the applying
business trust.

E. The use of assumed names or fictitious names, as provided for in Chapter 5
(&#xA7; 59.1-69 et seq.) of Title 59.1, is not affected by this chapter.

F. The Commission, in determining whether a business trust name is
distinguishable upon its records from the name of any of the business entities
listed in subsection C, shall not consider any word, phrase, abbreviation, or
designation required or permitted under &#xA7; 13.1-544.1, subsection A of
&#xA7; 13.1-630, subsection A of &#xA7; 13.1-1012, &#xA7; 13.1-1104, subsection
A of &#xA7; 50-73.2, and subdivision A 2 of &#xA7; 50-73.78 to be contained in
the name of a business entity formed or organized under the laws of the
Commonwealth or authorized or registered to transact business in the
Commonwealth.

HISTORY: 2002, c. 621; 2003, cc. 373, 592; 2005, c. 379; 2012, c. 63; 2013, c.
25; 2021, Sp. Sess. I, c. 487.