                                 CODE OF VIRGINIA

APPLICATION FOR CERTIFICATE OF REGISTRATION (§ 13.1-1242)

A. A foreign business trust may apply to the Commission for a certificate of
registration to transact business in the Commonwealth. The application shall be
made on a form prescribed and furnished by the Commission. The application shall
set forth:

   1. The name of the foreign business trust and, if the business trust is
   prevented by &#xA7; 13.1-1244 from using its own name in the Commonwealth, a
   designated name that satisfies the requirements of &#xA7; 13.1-1244;

   2. The foreign business trust&#8217;s jurisdiction of formation, and if the
   foreign business trust was previously authorized or registered to transact
   business in the Commonwealth as a foreign corporation, nonstock corporation,
   limited liability company, business trust, limited partnership, or registered
   limited liability partnership, with respect to every such prior authorization
   or registration, (i) the name of the entity; (ii) the entity type; (iii) the
   state or other jurisdiction of incorporation, organization, or formation; and
   (iv) the entity identification number issued to it by the Commission;

   3. The foreign business trust&#8217;s original date of formation,
   organization, or incorporation as an entity and its period of duration.

   4. The address of the proposed registered office of the foreign business trust
   in the Commonwealth (including both (i) the post office address with street
   and number, if any, and (ii) the name of the county or city in which it is
   located) and the name of its proposed registered agent in the Commonwealth at
   such address and that the registered agent is either (a) an individual who is
   a resident of the Commonwealth and is either (1) a trustee or officer of the
   business trust, (2) an officer or director of a corporation that is a trustee
   of the business trust, (3) a partner of a partnership that is a trustee of a
   business trust, (4) a general partner of a limited partnership that is a
   trustee of the business trust, (5) a member or manager of a limited liability
   company that is a trustee of the business trust, (6) a trustee of a business
   trust or other trust that is a trustee of the business trust, or (7) a member
   of the Virginia State Bar, or (b) a domestic or foreign stock or nonstock
   corporation, limited liability company, or registered limited liability
   partnership authorized to transact business in the Commonwealth, the business
   office of which is identical with the registered office;

   5. A statement that the clerk of the Commission is irrevocably appointed the
   agent of the foreign business trust for service of process if the foreign
   business trust fails to maintain a registered agent in the Commonwealth as
   required by &#xA7; 13.1-1220, the registered agent&#8217;s authority has been
   revoked, the registered agent has resigned, or the registered agent cannot be
   found or served with the exercise of reasonable diligence;

   6. The post office address, including the street and number, if any, of the
   foreign business trust&#8217;s principal office; and

   7. A statement evidencing that the foreign business trust is a &#8220;foreign
   business trust&#8221; as defined in &#xA7; 13.1-1201.

B. The foreign business trust shall deliver with the completed application a
copy of the articles of trust or other constituent documents and all amendments
and corrections thereto, duly authenticated by the Secretary of State or other
official having custody of business trust records in its jurisdiction of
formation.

C. A foreign business is not precluded from receiving a certificate of
registration to transact business in the Commonwealth because of any difference
between the law of the foreign business trust&#8217;s jurisdiction of formation
and the law of the Commonwealth.

D. If the Commission finds that the application complies with the requirements
of law and that all required fees have been paid, it shall issue a certificate
of registration to transact business in the Commonwealth.

HISTORY: 2002, c. 621; 2004, c. 274; 2008, c. 101; 2021, Sp. Sess. I, c. 487.