State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-3 > 8-9a-307

§ 8.9A-307. Location of debtor.

(a) "Place of business." In this section, "place of business" means aplace where a debtor conducts its affairs.

(b) Debtor's location; general rules. Except as otherwise provided in thissection, the following rules determine a debtor's location:

(1) A debtor who is an individual is located at the individual's principalresidence.

(2) A debtor that is an organization and has only one place of business islocated at its place of business.

(3) A debtor that is an organization and has more than one place of businessis located at its chief executive office.

(c) Limitation of applicability of subsection (b). Subsection (b) appliesonly if a debtor's residence, place of business, or chief executive office,as applicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest tobe made generally available in a filing, recording, or registration system asa condition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b)does not apply, the debtor is located in the District of Columbia.

(d) Continuation of location; cessation of existence, etc. A person thatceases to exist, have a residence, or have a place of business continues tobe located in the jurisdiction specified by subsections (b) and (c).

(e) Location of registered organization organized under state law. Aregistered organization that is organized under the law of a state is locatedin that state.

(f) Location of registered organization organized under federal law; bankbranches and agencies. Except as otherwise provided in subsection (i), aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1) in the state that the law of the United States designates, if the lawdesignates a state of location;

(2) in the state that the registered organization, branch, or agencydesignates, if the law of the United States authorizes the registeredorganization, branch, or agency to designate its state of location; or

(3) in the District of Columbia, if neither paragraph (1) nor paragraph (2)applies.

(g) Continuation of location; change in status of registered organization. Aregistered organization continues to be located in the jurisdiction specifiedby subsection (e) or (f) notwithstanding:

(1) the suspension, revocation, forfeiture, or lapse of the registeredorganization's status as such in its jurisdiction of organization; or

(2) the dissolution, winding up, or cancellation of the existence of theregistered organization.

(h) Location of United States. The United States is located in the Districtof Columbia.

(i) Location of foreign bank branch or agency if licensed in only one state.A branch or agency of a bank that is not organized under the law of theUnited States or a state is located in the state in which the branch oragency is licensed, if all branches and agencies of the bank are licensed inonly one state.

(j) Location of foreign air carrier. A foreign air carrier under the FederalAviation Act of 1958, as amended, is located at the designated office of theagent upon which service of process may be made on behalf of the carrier.

(k) Applies only to this part. This section applies only for purposes of thispart.

(Code 1950, § 55-9; 1964, c. 219, § 8.9-103; 1973, c. 509; 1984, c. 613;1996, c. 216; 1997, c. 343; 2000, c. 1007.)

State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-3 > 8-9a-307

§ 8.9A-307. Location of debtor.

(a) "Place of business." In this section, "place of business" means aplace where a debtor conducts its affairs.

(b) Debtor's location; general rules. Except as otherwise provided in thissection, the following rules determine a debtor's location:

(1) A debtor who is an individual is located at the individual's principalresidence.

(2) A debtor that is an organization and has only one place of business islocated at its place of business.

(3) A debtor that is an organization and has more than one place of businessis located at its chief executive office.

(c) Limitation of applicability of subsection (b). Subsection (b) appliesonly if a debtor's residence, place of business, or chief executive office,as applicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest tobe made generally available in a filing, recording, or registration system asa condition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b)does not apply, the debtor is located in the District of Columbia.

(d) Continuation of location; cessation of existence, etc. A person thatceases to exist, have a residence, or have a place of business continues tobe located in the jurisdiction specified by subsections (b) and (c).

(e) Location of registered organization organized under state law. Aregistered organization that is organized under the law of a state is locatedin that state.

(f) Location of registered organization organized under federal law; bankbranches and agencies. Except as otherwise provided in subsection (i), aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1) in the state that the law of the United States designates, if the lawdesignates a state of location;

(2) in the state that the registered organization, branch, or agencydesignates, if the law of the United States authorizes the registeredorganization, branch, or agency to designate its state of location; or

(3) in the District of Columbia, if neither paragraph (1) nor paragraph (2)applies.

(g) Continuation of location; change in status of registered organization. Aregistered organization continues to be located in the jurisdiction specifiedby subsection (e) or (f) notwithstanding:

(1) the suspension, revocation, forfeiture, or lapse of the registeredorganization's status as such in its jurisdiction of organization; or

(2) the dissolution, winding up, or cancellation of the existence of theregistered organization.

(h) Location of United States. The United States is located in the Districtof Columbia.

(i) Location of foreign bank branch or agency if licensed in only one state.A branch or agency of a bank that is not organized under the law of theUnited States or a state is located in the state in which the branch oragency is licensed, if all branches and agencies of the bank are licensed inonly one state.

(j) Location of foreign air carrier. A foreign air carrier under the FederalAviation Act of 1958, as amended, is located at the designated office of theagent upon which service of process may be made on behalf of the carrier.

(k) Applies only to this part. This section applies only for purposes of thispart.

(Code 1950, § 55-9; 1964, c. 219, § 8.9-103; 1973, c. 509; 1984, c. 613;1996, c. 216; 1997, c. 343; 2000, c. 1007.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-8-9a > Part-3 > 8-9a-307

§ 8.9A-307. Location of debtor.

(a) "Place of business." In this section, "place of business" means aplace where a debtor conducts its affairs.

(b) Debtor's location; general rules. Except as otherwise provided in thissection, the following rules determine a debtor's location:

(1) A debtor who is an individual is located at the individual's principalresidence.

(2) A debtor that is an organization and has only one place of business islocated at its place of business.

(3) A debtor that is an organization and has more than one place of businessis located at its chief executive office.

(c) Limitation of applicability of subsection (b). Subsection (b) appliesonly if a debtor's residence, place of business, or chief executive office,as applicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest tobe made generally available in a filing, recording, or registration system asa condition or result of the security interest's obtaining priority over therights of a lien creditor with respect to the collateral. If subsection (b)does not apply, the debtor is located in the District of Columbia.

(d) Continuation of location; cessation of existence, etc. A person thatceases to exist, have a residence, or have a place of business continues tobe located in the jurisdiction specified by subsections (b) and (c).

(e) Location of registered organization organized under state law. Aregistered organization that is organized under the law of a state is locatedin that state.

(f) Location of registered organization organized under federal law; bankbranches and agencies. Except as otherwise provided in subsection (i), aregistered organization that is organized under the law of the United Statesand a branch or agency of a bank that is not organized under the law of theUnited States or a state are located:

(1) in the state that the law of the United States designates, if the lawdesignates a state of location;

(2) in the state that the registered organization, branch, or agencydesignates, if the law of the United States authorizes the registeredorganization, branch, or agency to designate its state of location; or

(3) in the District of Columbia, if neither paragraph (1) nor paragraph (2)applies.

(g) Continuation of location; change in status of registered organization. Aregistered organization continues to be located in the jurisdiction specifiedby subsection (e) or (f) notwithstanding:

(1) the suspension, revocation, forfeiture, or lapse of the registeredorganization's status as such in its jurisdiction of organization; or

(2) the dissolution, winding up, or cancellation of the existence of theregistered organization.

(h) Location of United States. The United States is located in the Districtof Columbia.

(i) Location of foreign bank branch or agency if licensed in only one state.A branch or agency of a bank that is not organized under the law of theUnited States or a state is located in the state in which the branch oragency is licensed, if all branches and agencies of the bank are licensed inonly one state.

(j) Location of foreign air carrier. A foreign air carrier under the FederalAviation Act of 1958, as amended, is located at the designated office of theagent upon which service of process may be made on behalf of the carrier.

(k) Applies only to this part. This section applies only for purposes of thispart.

(Code 1950, § 55-9; 1964, c. 219, § 8.9-103; 1973, c. 509; 1984, c. 613;1996, c. 216; 1997, c. 343; 2000, c. 1007.)