§ 13.1-1056. Cancellation of certificate of registration
A. A foreign limited liability company may cancel its certificate of registration by delivering to the Commission a certificate of cancellation on forms prescribed and furnished by the Commission which shall set forth:
1. The name of the foreign limited liability company and the name of the state or other jurisdiction under whose jurisdiction it was formed;
2. That the foreign limited liability company is not transacting business in this Commonwealth and that it surrenders its registration to transact business in this Commonwealth;
3. That the foreign limited liability company revokes the authority of its registered agent to accept service on its behalf and appoints the clerk of the Commission as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this Commonwealth;
4. A mailing address to which the clerk may mail a copy of any process served on him under subdivision 3 of this subsection; and
5. A commitment to notify the clerk of the Commission in the future of any change in the mailing address on the limited liability company.
B. If the Commission finds that the certificate of cancellation conforms to the provisions of this article and all required fees have been paid, the Commission shall file the certificate and the certificate of registration shall be canceled.
C. The certificate of registration to transact business in the Commonwealth of any foreign limited liability company may be canceled by order of the Commission upon the foreign limited liability company's conviction for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. A certificate canceled pursuant to this subsection shall not be eligible for reinstatement for a period of not less than one year.
D. Before entering any such order the Commission shall issue a rule against the foreign limited liability company giving it an opportunity to be heard and show cause why such an order shall not be entered. The Commission may issue the rule on its own motion or on motion of the Attorney General.
E. Any foreign limited liability company convicted of the offense listed in subsection C shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.
(1991, c. 168; 2008, cc. 588, 770.)
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