38.2-1800.1 - Proof of residency.
§ 38.2-1800.1. Proof of residency.
A. For purposes of this chapter, an individual shall be deemed to be aresident of this Commonwealth provided such individual (i) maintains hisprincipal place of residence within this Commonwealth, or satisfies therequirements set forth in subsection B of § 38.2-1836; (ii) declares himselfto be a Virginia resident on his federal tax return; and (iii) declareshimself to be a Virginia resident for purposes of paying Virginia income taxand personal property taxes; and provided that such individual is able todocument the above to the satisfaction of the Commission. The Commission mayalso consider other documentation furnished by the individual, including, butnot limited to, a valid current Virginia driver's license or voterregistration card, as additional proof of residency. An individual applyingfor or holding a license issued pursuant to this chapter who is unable todocument his residency as set forth above shall be deemed not to be aresident of Virginia for purposes of this chapter, except that an individualresiding outside of Virginia whose principal place of business is inVirginia, who is able to demonstrate to the satisfaction of the Commissionthat the laws of his home state prevent him from obtaining a resident agentlicense in that state, and who affirmatively chooses to qualify as and betreated as a resident of Virginia for purposes of licensing and continuingeducation, both in Virginia and in the state in which the individual resides,if applicable, may be considered a resident for purposes of issuance of alicense pursuant to this chapter.
B. For purposes of this chapter, a business entity shall be deemed to be aresident of this Commonwealth provided such business entity:
1. If a domestic corporation, has filed its articles of incorporation withthe clerk of the Commission, and has been issued a charter by the Commission;
2. If a domestic limited liability company, has filed its articles oforganization with the clerk of the Commission, and has been issued acertificate of organization by the Commission;
3. If a domestic limited partnership, has applied for and received acertificate of limited partnership from the clerk of the Commission;
4. If a domestic partnership, has filed its partnership agreement with theclerk of the appropriate court; or
5. If a foreign business entity that is not licensed as a resident agent inany other jurisdiction, demonstrates to the satisfaction of the Commissionthat its principal place of business is within the Commonwealth of Virginia.
(1997, c. 583; 2001, c. 706.)