Unless the articles of trust provide otherwise, every business trust has the same powers as an individual or any other entity to do all things necessary or convenient to carry out its business and affairs, including, without limitation, the power:
1. To sue and be sued, complain and defend in its name;
2. To purchase, receive, lease or otherwise acquire, and own, hold, improve, use and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located;
3. To sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;
4. To purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any other person;
5. To make contracts and guaranties, incur liabilities, borrow money, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises or income;
6. To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment;
7. To conduct its business, locate offices, and exercise the powers granted by this chapter within or without this Commonwealth;
8. To elect and appoint trustees, officers, employees and agents of the business trust, define their duties, fix their compensation, and lend them money and credit;
9. To pay pensions and establish pension plans, pension trusts, profit-sharing plans, and benefit and incentive plans for all or any of the current or former beneficial owners, trustees, officers, employees, and agents of the business trust or any of its subsidiaries;
10. To make donations to the public welfare or for religious, charitable, scientific, literary or educational purposes;
11. To make payments or donations or do any other act, not inconsistent with this section or any other applicable law, that furthers the business and affairs of the business trust;
12. To pay compensation, or to pay additional compensation, to any or all beneficial owners, trustees, officers and employees on account of services previously rendered to the business trust, whether or not an agreement to pay such compensation was made before such services were rendered;
13. To insure for its benefit the life of any of its beneficial owners, trustees, officers or employees, to insure the life of any beneficial owner for the purpose of acquiring at his death the interest owned by such beneficial owner and to continue such insurance after the relationship terminates;
14. To cease its activities, wind up its affairs, and proceed to cancel its existence;
15. To enter into partnership agreements, joint ventures, or other associations of any kind with any person or persons;
16. To indemnify a trustee, officer, employee or any other person to the same extent as a corporation may indemnify any of the directors, officers, employees or agents of the corporation;
17. To transact any lawful business that a corporation, partnership, limited liability company or other business entity may conduct under the laws of the Commonwealth subject, however, to any and all laws and restrictions that govern or limit the conduct of such activity by such corporation, partnership, limited liability company or other business entity; and
18. To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the business trust is organized.
2002, c. 621; 2008, c. 101.
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