Code of Virginia § 55.1-1211. Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth.
370 words·~2 min read·
/va/title-55-1/chapter-12/55-1-1211·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. As used in this section, "nonresident property owner" means any nonresident individual or group of individuals who owns and leases residential real property.
B. Every nonresident property owner shall appoint and continuously maintain an agent who
(i)if such agent is an individual, is a resident of the Commonwealth, or if such agent is a corporation, limited liability company, partnership, or other entity, is authorized to transact business in the Commonwealth and
(ii)maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners regarding any such real property shall specifically designate such agent and the agent's office address for the purpose of service of any process, notice, order, or demand required or permitted by law to be served upon such nonresident property owner.
C. Whenever any nonresident property owner fails to appoint or maintain an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary of the Commonwealth shall be an agent of the nonresident property owner upon whom may be served any process, notice, order, or demand. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner at his address as shown on the official tax records maintained by the locality where the property is located.
D. The name and office address of the agent appointed as provided in this section shall be listed on a form provided by the State Corporation Commission and delivered to the office of the clerk of the State Corporation Commission for filing. Beginning July 1, 2022, the clerk of the State Corporation Commission shall charge a fee of $10 for the filing of a resident agent appointment.
E. No nonresident property owner shall maintain an action in the courts of the Commonwealth concerning property for which a designation is required by this section until such designation has been filed.
1973, c. 301, § 55-218.1; 1987, c. 360; 2006, c. 318 ; 2008, c. 119 ; 2019, cc. 365 , 712 ; 2021, Sp. Sess. I, c. 427 .