13.1-769 - Revocation of certificate of authority by Commission.
§ 13.1-769. Revocation of certificate of authority by Commission.
A. The certificate of authority to do business in the Commonwealth of anyforeign corporation may be revoked by order of the Commission when it findsthat the corporation:
1. Has continued to exceed the authority conferred upon it by law;
2. Has failed to maintain a registered office or a registered agent in theCommonwealth as required by law;
3. Has failed to file any document required by this chapter to be filed withthe Commission;
4. No longer exists under the laws of the state or country of itsincorporation; or
5. Has been convicted for a violation of 8 U.S.C. § 1324a(f), as amended, foractions of its officers and directors constituting a pattern or practice ofemploying unauthorized aliens in the Commonwealth.
A certificate revoked pursuant to subdivision A 5 shall not be eligible forreentry for a period of not less than one year.
B. Any foreign corporation convicted of the offense listed in subdivision A 5shall immediately report such conviction to the Commission and file with theCommission an authenticated copy of the judgment or record of conviction.
C. Before entering any such order the Commission shall issue a rule againstthe corporation giving it an opportunity to be heard and show cause why suchan order should not be entered. The Commission may issue the rule on its ownmotion or on motion of the Attorney General.
D. The authority of a foreign corporation to transact business in theCommonwealth ceases on the date shown on the order revoking its certificateof authority.
E. The Commission's revocation of a foreign corporation's certificate ofauthority appoints the clerk of the Commission the foreign corporation'sagent for service of process in any proceeding based on a cause of actionarising during the time the foreign corporation was authorized to transactbusiness in the Commonwealth. Service of process on the clerk of theCommission under this subsection is service on the foreign corporation andshall be made on the clerk in accordance with § 12.1-19.1.
F. Revocation of a foreign corporation's certificate of authority does notterminate the authority of the registered agent of the corporation.
(1985, c. 522; 1991, c. 672; 1995, c. 76; 2005, c. 765; 2008, cc. 588, 770.)