§ 59.1-318. Application for registration of membership camping operator.
A. The application for registration shall be on a form prescribed by theCommissioner and shall include, to the extent applicable, the following:
1. The applicant's name, address, and the organizational form of hisbusiness, including the date, and jurisdiction under which the business wasorganized; the address of each of its offices in this Commonwealth; and thename and address of each campground located in this Commonwealth, which isowned or operated, in whole or in part, by the applicant;
2. The name, address, and principal occupation for the past five years ofevery officer of the applicant, including its principal managers, and theextent and nature of the interest of each such person at the time theapplication is filed;
3. A list of all owners of ten percent or more of the capital stock of theapplicant, except that this list is not required if the applicant is acompany required to report under the Securities and Exchange Act of 1934;
4. A brief description of and a certified copy of the instrument whichcreates the applicant's ownership of, or other right to use the campgroundand the facilities at the campground which are to be available for use bypurchasers, together with a copy of any lease, license, franchise, reciprocalagreement or other agreement entitling the applicant to use such campgroundand facilities, and any material provision of the agreement which restricts apurchaser's use of such campground or facilities;
5. A sample copy of each instrument which will be delivered to a purchaser toevidence his membership in the campground and a sample copy of each agreementwhich a purchaser will be required to execute;
6. A statement of the zoning and other governmental regulations affecting theuse of the campground including the site plans and building permits and theirstatus;
7. A list of special taxes or assessments, whether current or proposed, whichaffect the campground;
8. Financial statements of the applicant prepared in accordance withgenerally accepted accounting principles, which shall include a financialstatement for the most recent fiscal year audited by an independent certifiedpublic accountant and an unaudited financial statement for the most recentfiscal quarter;
9. A copy of the disclosure statement required by § 59.1-326;
10. An irrevocable appointment of the Commissioner or his designees toreceive service of any lawful process in any proceeding arising under thischapter against the applicant or his agents, except one issued by theCommissioner. The Commissioner shall forward any such process by registeredor certified mail addressed to any of the principals, officers, directors,partners, or trustees of the applicant who are listed on the application forregistration pursuant to this chapter, or to any other person designated inthe application to receive such process, and shall keep a record of it. Anyprocess, notice, order, or demand issued by the Commissioner shall be servedby registered mail addressed to any principal, officer, director, partner, ortrustee of the applicant listed on the application for registration pursuantto this chapter or to any person designated in the application to receivesuch process. Nothing in this section shall be construed to limit or prohibitthe lawful service of process on individual principals as allowed by the lawsof the Commonwealth. The names and addresses of the principals, officers,directors, partners, or trustees of the membership camping operator as lastfiled with the Commissioner pursuant to the provisions of this chapter shallbe conclusive for the purposes of services of process;
11. A narrative description of the promotional plan for the sale of themembership camping contracts;
12. Any bonds required to be posted pursuant to the provisions of thischapter;
13. A copy of the agreement, if any, between the applicant and any personowning, controlling, or managing the campground and the applicant;
14. A complete list of locations and addresses of any and all sales officeslocated within the Commonwealth, together with a roster of all salespersonswho are employed in this Commonwealth by the applicant whether as employeesor as independent contractors;
15. The names of any other states or foreign countries in which anapplication for registration of the membership camping operator or themembership camping contract or any similar document has been filed; and
16. Complete information concerning any adverse order, judgment, or decreewhich has been entered by any court or administrative agency in connectionwith a campground or other project operated by the applicant or in which theapplicant has or had an interest at the time.
B. The application shall be signed by the membership camping operator, anofficer or general partner thereof or by another person holding a power ofattorney for this purpose from the membership camping operator. If theapplication is signed pursuant to a power of attorney, a copy of the power ofattorney shall be included with the application.
C. The application shall be submitted with a facing page as might beprescribed by the Commissioner if then in effect, along with the appropriatefees.
D. An application for registration shall be amended within twenty-five daysif there is a material change in the information included in the application.A material change includes any change which significantly reduces orterminates either the applicant's or the purchaser's right to use thecampground or any of the facilities described in the membership campingcontract, but does not include minor changes covering the use of thecampground, its facilities or the reciprocal program.
E. The review of the application for registration of the membership campingoperator shall occur pursuant to the provisions of § 59.1-320.1.
F. Registration with the Commissioner shall not be deemed to be an approvalor endorsement by the Commissioner of the membership camping operator, hismembership camping contract, or his campground, and any attempt by themembership camping operator to indicate that registration constitutes suchapproval or endorsement shall be unlawful.
§ 59.1-318. Application for registration of membership camping operator.
A. The application for registration shall be on a form prescribed by theCommissioner and shall include, to the extent applicable, the following:
1. The applicant's name, address, and the organizational form of hisbusiness, including the date, and jurisdiction under which the business wasorganized; the address of each of its offices in this Commonwealth; and thename and address of each campground located in this Commonwealth, which isowned or operated, in whole or in part, by the applicant;
2. The name, address, and principal occupation for the past five years ofevery officer of the applicant, including its principal managers, and theextent and nature of the interest of each such person at the time theapplication is filed;
3. A list of all owners of ten percent or more of the capital stock of theapplicant, except that this list is not required if the applicant is acompany required to report under the Securities and Exchange Act of 1934;
4. A brief description of and a certified copy of the instrument whichcreates the applicant's ownership of, or other right to use the campgroundand the facilities at the campground which are to be available for use bypurchasers, together with a copy of any lease, license, franchise, reciprocalagreement or other agreement entitling the applicant to use such campgroundand facilities, and any material provision of the agreement which restricts apurchaser's use of such campground or facilities;
5. A sample copy of each instrument which will be delivered to a purchaser toevidence his membership in the campground and a sample copy of each agreementwhich a purchaser will be required to execute;
6. A statement of the zoning and other governmental regulations affecting theuse of the campground including the site plans and building permits and theirstatus;
7. A list of special taxes or assessments, whether current or proposed, whichaffect the campground;
8. Financial statements of the applicant prepared in accordance withgenerally accepted accounting principles, which shall include a financialstatement for the most recent fiscal year audited by an independent certifiedpublic accountant and an unaudited financial statement for the most recentfiscal quarter;
9. A copy of the disclosure statement required by § 59.1-326;
10. An irrevocable appointment of the Commissioner or his designees toreceive service of any lawful process in any proceeding arising under thischapter against the applicant or his agents, except one issued by theCommissioner. The Commissioner shall forward any such process by registeredor certified mail addressed to any of the principals, officers, directors,partners, or trustees of the applicant who are listed on the application forregistration pursuant to this chapter, or to any other person designated inthe application to receive such process, and shall keep a record of it. Anyprocess, notice, order, or demand issued by the Commissioner shall be servedby registered mail addressed to any principal, officer, director, partner, ortrustee of the applicant listed on the application for registration pursuantto this chapter or to any person designated in the application to receivesuch process. Nothing in this section shall be construed to limit or prohibitthe lawful service of process on individual principals as allowed by the lawsof the Commonwealth. The names and addresses of the principals, officers,directors, partners, or trustees of the membership camping operator as lastfiled with the Commissioner pursuant to the provisions of this chapter shallbe conclusive for the purposes of services of process;
11. A narrative description of the promotional plan for the sale of themembership camping contracts;
12. Any bonds required to be posted pursuant to the provisions of thischapter;
13. A copy of the agreement, if any, between the applicant and any personowning, controlling, or managing the campground and the applicant;
14. A complete list of locations and addresses of any and all sales officeslocated within the Commonwealth, together with a roster of all salespersonswho are employed in this Commonwealth by the applicant whether as employeesor as independent contractors;
15. The names of any other states or foreign countries in which anapplication for registration of the membership camping operator or themembership camping contract or any similar document has been filed; and
16. Complete information concerning any adverse order, judgment, or decreewhich has been entered by any court or administrative agency in connectionwith a campground or other project operated by the applicant or in which theapplicant has or had an interest at the time.
B. The application shall be signed by the membership camping operator, anofficer or general partner thereof or by another person holding a power ofattorney for this purpose from the membership camping operator. If theapplication is signed pursuant to a power of attorney, a copy of the power ofattorney shall be included with the application.
C. The application shall be submitted with a facing page as might beprescribed by the Commissioner if then in effect, along with the appropriatefees.
D. An application for registration shall be amended within twenty-five daysif there is a material change in the information included in the application.A material change includes any change which significantly reduces orterminates either the applicant's or the purchaser's right to use thecampground or any of the facilities described in the membership campingcontract, but does not include minor changes covering the use of thecampground, its facilities or the reciprocal program.
E. The review of the application for registration of the membership campingoperator shall occur pursuant to the provisions of § 59.1-320.1.
F. Registration with the Commissioner shall not be deemed to be an approvalor endorsement by the Commissioner of the membership camping operator, hismembership camping contract, or his campground, and any attempt by themembership camping operator to indicate that registration constitutes suchapproval or endorsement shall be unlawful.
§ 59.1-318. Application for registration of membership camping operator.
A. The application for registration shall be on a form prescribed by theCommissioner and shall include, to the extent applicable, the following:
1. The applicant's name, address, and the organizational form of hisbusiness, including the date, and jurisdiction under which the business wasorganized; the address of each of its offices in this Commonwealth; and thename and address of each campground located in this Commonwealth, which isowned or operated, in whole or in part, by the applicant;
2. The name, address, and principal occupation for the past five years ofevery officer of the applicant, including its principal managers, and theextent and nature of the interest of each such person at the time theapplication is filed;
3. A list of all owners of ten percent or more of the capital stock of theapplicant, except that this list is not required if the applicant is acompany required to report under the Securities and Exchange Act of 1934;
4. A brief description of and a certified copy of the instrument whichcreates the applicant's ownership of, or other right to use the campgroundand the facilities at the campground which are to be available for use bypurchasers, together with a copy of any lease, license, franchise, reciprocalagreement or other agreement entitling the applicant to use such campgroundand facilities, and any material provision of the agreement which restricts apurchaser's use of such campground or facilities;
5. A sample copy of each instrument which will be delivered to a purchaser toevidence his membership in the campground and a sample copy of each agreementwhich a purchaser will be required to execute;
6. A statement of the zoning and other governmental regulations affecting theuse of the campground including the site plans and building permits and theirstatus;
7. A list of special taxes or assessments, whether current or proposed, whichaffect the campground;
8. Financial statements of the applicant prepared in accordance withgenerally accepted accounting principles, which shall include a financialstatement for the most recent fiscal year audited by an independent certifiedpublic accountant and an unaudited financial statement for the most recentfiscal quarter;
9. A copy of the disclosure statement required by § 59.1-326;
10. An irrevocable appointment of the Commissioner or his designees toreceive service of any lawful process in any proceeding arising under thischapter against the applicant or his agents, except one issued by theCommissioner. The Commissioner shall forward any such process by registeredor certified mail addressed to any of the principals, officers, directors,partners, or trustees of the applicant who are listed on the application forregistration pursuant to this chapter, or to any other person designated inthe application to receive such process, and shall keep a record of it. Anyprocess, notice, order, or demand issued by the Commissioner shall be servedby registered mail addressed to any principal, officer, director, partner, ortrustee of the applicant listed on the application for registration pursuantto this chapter or to any person designated in the application to receivesuch process. Nothing in this section shall be construed to limit or prohibitthe lawful service of process on individual principals as allowed by the lawsof the Commonwealth. The names and addresses of the principals, officers,directors, partners, or trustees of the membership camping operator as lastfiled with the Commissioner pursuant to the provisions of this chapter shallbe conclusive for the purposes of services of process;
11. A narrative description of the promotional plan for the sale of themembership camping contracts;
12. Any bonds required to be posted pursuant to the provisions of thischapter;
13. A copy of the agreement, if any, between the applicant and any personowning, controlling, or managing the campground and the applicant;
14. A complete list of locations and addresses of any and all sales officeslocated within the Commonwealth, together with a roster of all salespersonswho are employed in this Commonwealth by the applicant whether as employeesor as independent contractors;
15. The names of any other states or foreign countries in which anapplication for registration of the membership camping operator or themembership camping contract or any similar document has been filed; and
16. Complete information concerning any adverse order, judgment, or decreewhich has been entered by any court or administrative agency in connectionwith a campground or other project operated by the applicant or in which theapplicant has or had an interest at the time.
B. The application shall be signed by the membership camping operator, anofficer or general partner thereof or by another person holding a power ofattorney for this purpose from the membership camping operator. If theapplication is signed pursuant to a power of attorney, a copy of the power ofattorney shall be included with the application.
C. The application shall be submitted with a facing page as might beprescribed by the Commissioner if then in effect, along with the appropriatefees.
D. An application for registration shall be amended within twenty-five daysif there is a material change in the information included in the application.A material change includes any change which significantly reduces orterminates either the applicant's or the purchaser's right to use thecampground or any of the facilities described in the membership campingcontract, but does not include minor changes covering the use of thecampground, its facilities or the reciprocal program.
E. The review of the application for registration of the membership campingoperator shall occur pursuant to the provisions of § 59.1-320.1.
F. Registration with the Commissioner shall not be deemed to be an approvalor endorsement by the Commissioner of the membership camping operator, hismembership camping contract, or his campground, and any attempt by themembership camping operator to indicate that registration constitutes suchapproval or endorsement shall be unlawful.
