Form Bta1238 - Articles Of Cancellation Of A Virginia Business Trust

INSTRUCTIONS TO FORM BTA1238

This form is to be used by Virginia business trusts only.

The articles must be in the English language, typewritten or printed in black on white, opaque paper

8 1/2" by 11" in size, legible and reproducible, and free of visible watermarks and background logos.

A minimum of 1" must be provided on the left, top and bottom margins and 1/2" on the right margin.

Use only one side of a page.

You can download this form from our website at

1. Name: Insert the exact name of the business trust as currently on file with the Commission.

2. Unless the articles of trust provided for a delayed effective date, the effective date of the certificate of

trust issued by the Commission is the date the business trust's articles of trust were filed.

4. Before submitting these articles for filing, the business trust must complete the winding up of its affairs

by paying and discharging, or making reasonably adequate provision for paying and discharging, all of

the debts, liabilities, and obligations of the business trust and distributing all of the business trust's

remaining property and assets to its beneficial owners. See §§ 13.1-1236 and 13.1-1238 of the Code

of Virginia.

The articles must be signed by a trustee or officer of the business trust, or if the business trust is in the

hands of a receiver, trustee or other court appointed fiduciary, by that fiduciary. See § 13.1-1202 of the

Code of Virginia.

It is a Class 1 misdemeanor for any person to sign a document he or she knows is false in any

material respect with intent that the document be delivered to the Commission for filing. See

§ 13.1-1205 of the Code of Virginia.

These articles may not be filed with the Commission until all fees and penalties to be collected by the

Commission under the Virginia Business Trust Act have been paid by or on behalf of the business trust;

provided, however, that an assessed annual registration fee does not have to be paid if these articles

are filed with an effective date that is on or before the due date of the annual registration fee payment.

See § 13.1-1255 of the Code of Virginia.

Submit the original, signed articles to the Clerk of the State Corporation Commission, P.O. Box 1197,

Richmond, Virginia 23218-1197, (Street address: 1300 East Main Street, Tyler Building, 1

Floor,

Richmond, Virginia 23219), along with a check for the filing fee in the amount of $25.00, payable to the

State Corporation Commission. PLEASE DO NOT SEND CASH. If you have any questions, please

call (804) 371-9733 or toll-free in Virginia, (866) 722-2551.

NOTE

A certificate issued by the Commission is effective at the time such certificate is issued, unless the

certificate relates to articles filed with the Commission and the articles state that the certificate shall

become effective at a later time and date. In that event, the certificate shall become effective at the

time and date so specified, provided it is no later than 11:59 p.m. on the fifteenth day after the date on

which the certificate is issued by the Commission. See § 13.1-1203 of the Code of Virginia.

Form Bta1238 - Articles Of Cancellation Of A Virginia Business Trust - 2009 Page 2