2011 Code of Virginia
Title 13.1 CORPORATIONS.
Chapter 14 Virginia Business Trust Act (13.1-1200 thru 13.1-1285)
13.1-1268 Articles of domestication

13.1-1268. Articles of domestication.

A. After the domestication of a foreign entity is approved in the manner required by the laws of the jurisdiction in which the foreign entity is formed, the foreign entity shall file with the Commission articles of domestication setting forth:

1. The name of the foreign entity immediately prior to the filing of the articles of domestication and, if that name is unavailable for use in this Commonwealth or the foreign entity desires to change its name in connection with the domestication, a name that satisfies the requirements of 13.1-1214;

2. The plan of domestication, including as an attachment to the plan, the full text of the articles of trust of the surviving entity that comply with the requirements of 13.1-1212 as they will be in effect immediately after consummation of the domestication;

3. The original jurisdiction, entity type and date of formation of the foreign entity, and each subsequent jurisdiction, entity type and date the foreign entity was domesticated in each such jurisdiction or converted to a new entity type, if any, prior to the filing of the articles of domestication; and

4. A statement that the domestication is permitted by the laws of the jurisdiction in which the business trust is formed and that the business trust has complied with those laws in effecting the domestication.

B. If the Commission finds that the articles of domestication comply with the requirements of law and that all required fees have been paid, it shall issue a certificate of domestication.

C. The certificate of domestication shall become effective pursuant to 13.1-1203.

D. A foreign entity's existence as a domestic business trust shall begin when the certificate of domestication is effective. Upon becoming effective, the certificate of domestication shall be conclusive evidence that all conditions precedent required to be performed by the foreign business trust have been complied with and that the business trust has been formed under this chapter.

E. If the foreign business trust is authorized to transact business in this Commonwealth under Article 9 ( 13.1-1241 et seq.) of this chapter, its certificate of authority shall be canceled automatically on the effective date of the certificate of domestication issued by the Commission.

(2002, c. 621.)