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INSTRUCTIONS TO FORM BTA1246

This form, which has been prescribed and furnished by the Commission pursuant to § 13.1-1246 of the

Code of Virginia, must be used by a foreign business trust that wants to cancel its certificate of

registration to transact business in Virginia.

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.

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Set forth the exact name of the foreign business trust currently on file with the Commission. Include the

business trust’s designated name for use in Virginia if one was adopted.

The articles must be executed on behalf of the foreign business trust by a person who, under the laws

of the business trust’s jurisdiction of formation, is authorized to execute post-formation articles,

certificates, etc. filed with the Secretary of State or other official having custody of business trust

records in such jurisdiction. The person signing the articles must print his or her name and the capacity

in which he or she is signing beneath or opposite his or her signature. A person signing on behalf of a

business entity must set forth the name of the business entity, its relationship to the business trust

(e.g., trustee), the individual’s printed name and the capacity in which he or she is signing on behalf of

the business entity. 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 § 13.1-1065 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

Until cancellation has been completed (or the business trust’s certificate of authority to transact business is

revoked for failure to pay its annual registration fee, maintain a registered office and registered agent, or

some other reason), the business trust will remain active on the Commission's records and remain liable for

the assessment and payment of annual registration fees, even though the business trust has been

terminated in its home jurisdiction, has stopped transacting business in Virginia, or has wound up its affairs.

Form Bta1246 - Articles Of Cancellation Of A Certificate Of Registration As A Foreign Business Trust - 2009 Page 2