                                 CODE OF VIRGINIA

EXECUTION, FILING, AND RECORDING OF STATEMENTS; EFFECTIVE TIME AND DATE;
REFUNDS; PENALTY (§ 50-73.83)

A. A statement may be filed with the Commission. A duly authenticated copy of a
statement that is filed in an office in another state may be filed with the
Commission. Either filing has the effect provided in this chapter with respect
to partnership property located in or transactions that occur in the
Commonwealth.

B. A duly authenticated copy of a statement that has been filed with the
Commission and recorded in the office for recording transfers of real property
has the effect provided for recorded statements in this chapter. A recorded
statement that is not a duly authenticated copy of a statement filed with the
Commission does not have the effect provided for recorded statements in this
chapter.

C. A statement filed by a partnership shall be executed by at least two
partners. Other statements shall be executed by a partner or other person
authorized by this chapter. The person executing a statement shall sign it and
state beneath or opposite his signature his name and the capacity in which he
executes the document. Any person may execute a statement by an
attorney-in-fact. It shall be unlawful for any person to sign a document he
knows is false in any material respect with intent that the document be
delivered to the Commission for filing, and any person who violates this
provision shall be guilty of a Class 1 misdemeanor.

D. A person authorized by this chapter to file a statement may:

   1. Amend or cancel the statement by filing an amendment or cancellation that
   states the name of the partnership as it is set forth on the records of the
   Commission, states the identification number issued by the Commission to the
   partnership, identifies the statement, and states the substance of the
   amendment or cancellation; and

   2. Renew a statement of partnership authority by filing during the 90-day
   period preceding the date of the statement&#8217;s cancellation by operation
   of law, a renewal of a statement of partnership authority that names the
   partnership, states the identification number issued by the Commission to the
   partnership, states the partnership&#8217;s desire to renew the statement of
   partnership authority, and states that all of the information set forth in the
   statement of partnership authority is true and correct as of the execution
   date of the renewal.

E. A person who files a statement pursuant to this section shall promptly send a
copy of the statement to every nonfiling partner and to any other person named
as a partner in the statement. Failure to send a copy of a statement to a
partner or other person does not limit the effectiveness of the statement as to
a person not a partner.

F. The fees paid into the state treasury under this section shall be set aside
and paid into the special fund created under § 13.1-775.1, subject to that
section. The Commission shall have the authority to certify to the Comptroller
directing refund of any overpayment of a fee or of any fee collected for a
document that is not accepted for filing, at any time within one year from the
date of its payment. The Commission shall charge and collect the following fees:

   1. The fee shall be $100 for filing any one of the following:
   				a. A statement of registration as a registered limited liability
   partnership; or
   				b. A statement of registration as a foreign registered limited liability
   partnership.

   2. The fee shall be $50 for filing an annual continuation report pursuant to
   &#xA7; 50-73.134.

   3. The fee shall be $25 for filing any one of the following:
   				a. An amendment to a statement of registration as a registered limited
   liability partnership;
   				b. An amendment to a statement of registration as a foreign registered
   limited liability partnership; or
   				c. A statement of partnership authority or any other statement or an
   amendment thereto or cancellation thereof, or a renewal of a statement of
   partnership authority.

   4. For issuing a certificate pursuant to &#xA7; 50-73.150, the fee shall be
   $6.
   				The court responsible for recording transfers of real property may collect
   a fee for recording a statement.

G. The Commission may provide forms for statements and reports.

H. Any statement filed with the Commission under this chapter shall be
typewritten or printed. The typewritten or printed portion shall be in black.
Photocopies, or other reproduced copies, of typewritten or printed statements
may be filed. In every case, information in the statement shall be legible and
the document shall be capable of being reformatted and reproduced in copies of
archival quality. The statement shall be in the English language. A partnership
name need not be in English if written in English letters or Arabic or Roman
numerals. Any signature on a statement may be a facsimile.

I. The Commission may accept the electronic filing of any information required
or permitted to be filed under this chapter and may prescribe the methods of
execution, recording, reproduction and certification of electronically filed
information pursuant to &#xA7; 59.1-496.

J. 1. A statement shall be effective at the time of the filing of the statement
with the Commission unless the statement is filed on behalf of a partnership
formed under § 50-73.88 or predecessor law and states that it shall become
effective at a later time or date specified in the statement. In that event, the
statement shall become effective at the earlier of the time and date so
specified or 11:59 p.m. on the fifteenth day after the date on which the
statement is filed with the Commission. If a delayed effective date is
specified, but no time is specified, the effective time shall be 12:01 a.m. on
the date specified.

   2. Notwithstanding the terms of subdivision 1, any statement that has a
   delayed effective time or date shall not become effective if, prior to the
   effective time and date, a notice of cancellation signed by each party to the
   statement is delivered to the Commission for filing. If the Commission finds
   that the notice of cancellation complies with the requirements of the law, it
   shall file the notice and the statement shall be deemed canceled and shall not
   become effective.

   3. A notice of cancellation shall contain:
   				a. The name of the partnership;
   				b. The name of the statement and the date on which the statement was filed
   with the Commission;
   				c. The time and date on which the statement becomes effective; and
   				d. A statement that the statement is being canceled in accordance with
   this section.

   4. For statements with a delayed effective date and time, the effective date
   and times shall be Eastern Time.

HISTORY: 1996, c. 292; 1997, c. 188; 2000, cc. 5, 995; 2002, c. 441; 2003, c.
567; 2004, cc. 316, 601; 2007, cc. 631, 771; 2009, c. 716; 2010, c. 675; 2021,
Sp. Sess. I, c. 487.