§ 13.1-1217. (Effective until April 1, 2009) Restatement of articles of trust
A. Except to the extent otherwise provided in this chapter, in the articles of trust or in the governing instrument of the business trust, the sole trustee or a majority of the trustees may restate the articles of trust of a business trust at any time.
B. The restatement may include one or more amendments to the articles.
C. A business trust restating its articles of trust shall file with the Commission articles of restatement setting forth the name of the business trust and the text of the restated articles of trust together with a certificate setting forth:
1. The name of the business trust immediately prior to restatement;
2. The date of the restatement's adoption; and
3. A statement that the restatement was adopted in accordance with the articles of trust and the governing instrument of the business trust.
D. If the Commission finds that the articles of restatement comply with the requirements of law and that all required fees have been paid, it shall issue a certificate of restatement. When the certificate of restatement is effective, the restated articles of trust supersede the original articles of trust and all amendments to them.
E. The Commission may certify restated articles of trust as the articles of trust currently in effect without including the certificate information required by subsection C.
(2002, c. 621; 2003, c. 373.)
§ 13.1-1217. (Effective April 1, 2009) Restatement of articles of trust.
A. Except to the extent otherwise provided in this chapter, in the articles of trust or in the governing instrument of the business trust, the sole trustee or a majority of the trustees may restate the articles of trust of a business trust at any time.
B. The restatement may include one or more amendments to the articles, including an amendment to delete the name and address of the initial registered agent or registered office, if a statement of change described in § 13.1-1221 is on file with the Commission.
C. A business trust restating its articles of trust shall file with the Commission articles of restatement setting forth:
1. The name of the business trust immediately prior to restatement;
2. Whether the restatement contains an amendment to the articles of trust;
3. The text of the restated articles of trust or amended and restated articles of trust;
4. The date of adoption of the articles of restatement; and
5. A statement that the restatement was adopted in accordance with the articles of trust and the governing instrument of the business trust.
D. If the Commission finds that the articles of restatement comply with the requirements of law and that all required fees have been paid, it shall issue a certificate of restatement. When the certificate of restatement is effective, the restated articles of trust or amended and restated articles of trust supersede the original articles of trust and all amendments to the original articles of trust.
E. The Commission may certify restated articles of trust or amended and restated articles of trust as the articles of trust currently in effect.
(2002, c. 621; 2003, c. 373; 2008, c. 101.)
Sections: Previous 13.1-1210 13.1-1211 13.1-1212 13.1-1213 13.1-1214 13.1-1215 13.1-1216 13.1-1217 13.1-1218 13.1-1219 13.1-1220 13.1-1221 13.1-1222 13.1-1223 13.1-1224 NextLast modified: April 16, 2009