A. A document shall satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to be filed with the Commission.
B. The document shall be one that this chapter requires or permits to be filed with the Commission.
C. The document shall contain the information required by this chapter. It may also contain other information.
D. The document shall be typewritten or printed. The typewritten or printed portion shall be in black. Photocopies, or other reproduced copies, of typewritten or printed documents may be filed. In every case, information in the document shall be legible and the document shall be capable of being reformatted and reproduced in copies of archival quality.
E. The document shall be in the English language. A business trust name need not be in English if written in English letters or Arabic or Roman numerals. The articles of trust, duly authenticated by the official having custody of the applicable records in the state or other jurisdiction under whose law the business trust is formed, which are required of each foreign business trust, need not be in English if accompanied by a reasonably authenticated English translation.
F. The document shall be signed in the name of the domestic or foreign business trust:
1. By a trustee or by an officer of the business trust;
2. If the business trust has not been formed, by the person forming the business trust; or
3. If the business trust is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
G. The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he executes the document. Any signature may be a facsimile.
H. If, pursuant to any provision of this chapter, the Commission has prescribed a mandatory form for the document, the document shall be in or on the prescribed form.
I. The document shall be delivered to the Commission for filing and shall be accompanied by the required filing fee and any registration fee required by this chapter.
J. The Commission may accept the electronic filing of any information required or permitted to be filed by this chapter and may prescribe the methods of execution, recording, reproduction and certification of electronically filed information.
2002, c. 621; 2013, c. 25.
Structure Code of Virginia
Chapter 14 - Virginia Business Trust Act
§ 13.1-1202. Filing requirements
§ 13.1-1203. Issuance of certificate by Commission; recordation of documents
§ 13.1-1204. Fees for filing documents and issuing certificates
§ 13.1-1205. Unlawful to sign false documents; penalty
§ 13.1-1206. Unlawful to transact or offer to transact business as a business trust; penalty
§ 13.1-1207. Tax classification
§ 13.1-1208. Separate legal entity
§ 13.1-1212. Articles of trust
§ 13.1-1213. Articles of correction
§ 13.1-1216. Amendment of articles of trust
§ 13.1-1217. Restatement of articles of trust
§ 13.1-1219. Governing instrument
§ 13.1-1220. Registered office and registered agent
§ 13.1-1221. Change of registered office or registered agent
§ 13.1-1222. Resignation of registered agent
§ 13.1-1223. Service on business trust
§ 13.1-1224. Beneficial owners
§ 13.1-1225. Limited liability
§ 13.1-1226. Beneficial interests
§ 13.1-1227. Distributions to beneficial owners
§ 13.1-1228. Trustee management; limitation on duties and liabilities of others
§ 13.1-1233. Payment of and security for expenses
§ 13.1-1234. Dissolution generally
§ 13.1-1235. Judicial dissolution
§ 13.1-1237. Distribution of assets upon dissolution
§ 13.1-1238. Articles of cancellation
§ 13.1-1238.1. Automatic cancellation of business trust existence
§ 13.1-1238.2. Involuntary cancellation of business trust existence
§ 13.1-1239. Reinstatement of a business trust that has ceased to exist
§ 13.1-1240. Dissolution of series
§ 13.1-1241. Authority to transact business required; governing law
§ 13.1-1242. Application for certificate of registration
§ 13.1-1245. Amendments; amended applications for registration
§ 13.1-1246. Voluntary cancellation of certificate of registration
§ 13.1-1246.1. Automatic cancellation of registration
§ 13.1-1246.2. Involuntary cancellation of registration
§ 13.1-1246.3. Reinstatement of a certificate of registration that has been canceled
§ 13.1-1247. Transaction of business without registration; civil penalty
§ 13.1-1248. Actions by Attorney General
§ 13.1-1249. Transactions not constituting doing business
§ 13.1-1250. Merger of foreign business trust registered to transact business in Commonwealth
§ 13.1-1254. Penalty for failure to timely pay annual registration fees or file statement of change
§ 13.1-1256. Collection by suit and of unpaid bills
§ 13.1-1257. Authorization for merger
§ 13.1-1259. Exchange of securities; termination or amendment of merger
§ 13.1-1261. Articles of merger
§ 13.1-1262. Governing instrument
§ 13.1-1263.1. Abandonment of merger
§ 13.1-1266. Plan of domestication
§ 13.1-1267. Action on plan of domestication by a domestic business trust
§ 13.1-1268. Articles of domestication
§ 13.1-1269. Surrender of articles of trust upon domestication
§ 13.1-1270. Effect of domestication
§ 13.1-1271. Abandonment of domestication
§ 13.1-1272. Entity conversion
§ 13.1-1273. Plan of entity conversion
§ 13.1-1274. Action on plan of entity conversion
§ 13.1-1275. Articles of entity conversion
§ 13.1-1276. Effect of entity conversion
§ 13.1-1277. Abandonment of entity conversion
§ 13.1-1279. Inspection of records by beneficial owners
§ 13.1-1280. Scope of inspection right
§ 13.1-1281. Court-ordered inspection
§ 13.1-1282. Construction and application of chapter and governing instrument
§ 13.1-1283. Reservation of power to amend or repeal
§ 13.1-1284. Application to existing real estate investment trusts and foreign business trusts