§ 13.1-1239. Reinstatement of a business trust that has ceased to exist.
A. A business trust that has ceased to exist may apply to the Commission forreinstatement within five years thereafter, unless the cancellation was byorder of the Commission (i) entered pursuant to subdivision A 1 of §13.1-1238.2 or (ii) entered pursuant to § 13.1-1235 and the circuit court'sdecree directing dissolution contains no provision for reinstatement of theexistence of the business trust.
B. To have its existence reinstated, a business trust shall provide theCommission with the following:
1. An application for reinstatement signed by a trustee or an officer of thetrust, which may be in the form of a letter;
2. A reinstatement fee of $100;
3. All annual registration fees and penalties that were due before thebusiness trust ceased to exist and that would have been assessed or imposedto the date of reinstatement if the business trust's existence had not beencanceled;
4. If the name of the business trust does not comply with the provisions of §13.1-1214 at the time of reinstatement, articles of amendment to the articlesof trust to change the business trust's name to a name that satisfies theprovisions of § 13.1-1214, with the fee required by this chapter for thefiling of articles of amendment; and
5. If the business trust's registered agent has filed a statement ofresignation and a new registered agent has not been appointed, a statement ofchange pursuant to § 13.1-1221.
C. If the business trust complies with the provisions of this section, theCommission shall enter an order of reinstatement of existence. Upon entry ofthe order, the existence of the business trust shall be deemed to havecontinued from the date of the cancellation as if the cancellation had neveroccurred, and any liability incurred by the business trust or a beneficialowner, trustee or other agent after the cancellation and before thereinstatement is determined as if cancellation of the business trust'sexistence had never occurred.
§ 13.1-1239. Reinstatement of a business trust that has ceased to exist.
A. A business trust that has ceased to exist may apply to the Commission forreinstatement within five years thereafter, unless the cancellation was byorder of the Commission (i) entered pursuant to subdivision A 1 of §13.1-1238.2 or (ii) entered pursuant to § 13.1-1235 and the circuit court'sdecree directing dissolution contains no provision for reinstatement of theexistence of the business trust.
B. To have its existence reinstated, a business trust shall provide theCommission with the following:
1. An application for reinstatement signed by a trustee or an officer of thetrust, which may be in the form of a letter;
2. A reinstatement fee of $100;
3. All annual registration fees and penalties that were due before thebusiness trust ceased to exist and that would have been assessed or imposedto the date of reinstatement if the business trust's existence had not beencanceled;
4. If the name of the business trust does not comply with the provisions of §13.1-1214 at the time of reinstatement, articles of amendment to the articlesof trust to change the business trust's name to a name that satisfies theprovisions of § 13.1-1214, with the fee required by this chapter for thefiling of articles of amendment; and
5. If the business trust's registered agent has filed a statement ofresignation and a new registered agent has not been appointed, a statement ofchange pursuant to § 13.1-1221.
C. If the business trust complies with the provisions of this section, theCommission shall enter an order of reinstatement of existence. Upon entry ofthe order, the existence of the business trust shall be deemed to havecontinued from the date of the cancellation as if the cancellation had neveroccurred, and any liability incurred by the business trust or a beneficialowner, trustee or other agent after the cancellation and before thereinstatement is determined as if cancellation of the business trust'sexistence had never occurred.
§ 13.1-1239. Reinstatement of a business trust that has ceased to exist.
A. A business trust that has ceased to exist may apply to the Commission forreinstatement within five years thereafter, unless the cancellation was byorder of the Commission (i) entered pursuant to subdivision A 1 of §13.1-1238.2 or (ii) entered pursuant to § 13.1-1235 and the circuit court'sdecree directing dissolution contains no provision for reinstatement of theexistence of the business trust.
B. To have its existence reinstated, a business trust shall provide theCommission with the following:
1. An application for reinstatement signed by a trustee or an officer of thetrust, which may be in the form of a letter;
2. A reinstatement fee of $100;
3. All annual registration fees and penalties that were due before thebusiness trust ceased to exist and that would have been assessed or imposedto the date of reinstatement if the business trust's existence had not beencanceled;
4. If the name of the business trust does not comply with the provisions of §13.1-1214 at the time of reinstatement, articles of amendment to the articlesof trust to change the business trust's name to a name that satisfies theprovisions of § 13.1-1214, with the fee required by this chapter for thefiling of articles of amendment; and
5. If the business trust's registered agent has filed a statement ofresignation and a new registered agent has not been appointed, a statement ofchange pursuant to § 13.1-1221.
C. If the business trust complies with the provisions of this section, theCommission shall enter an order of reinstatement of existence. Upon entry ofthe order, the existence of the business trust shall be deemed to havecontinued from the date of the cancellation as if the cancellation had neveroccurred, and any liability incurred by the business trust or a beneficialowner, trustee or other agent after the cancellation and before thereinstatement is determined as if cancellation of the business trust'sexistence had never occurred.
