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The foreign business trust, as it presently appears on the records of the Secretary of the Commonwealth, is. 3. The foreign business trust was formed with the intention of doing business. 4. The foreign business trust was authorized by an order of the foreign business trust company, which order is, or may be, still in effect. 5. The foreign business trust company was dissolved on or before December 31, 2014, and is under new business in this Commonwealth. 6. The foreign business trust filed the initial application for registration pursuant to 13.1-1245 of the Code of Virginia, as amended by Section 13.1-1246 of the Code of Virginia or Section 14.1-1270 of the Code of Virginia. 7. The foreign business trust company is not an existing or newly organized Virginia business trust registered in the Virginia State Corporation Commission. 8. The foreign business trust filed annual reports with the Virginia State Corporation Commission for the previous two years. 9. The foreign business trust was subject to periodic audits of the Virginia State Corporation Commission by the Secretary of the Commonwealth. 10. The foreign business trust was previously investigated by the Virginia State Corporation Commission during 2013 and 2015, resulting in a finding that the foreign business trust was acting in contravention of Section 14.1-1270 of the Code of Virginia, as amended by Section 13.1-1246 of the Code of Virginia, Section 13.1-1250 of the Code of Virginia, or Section 13.1-1245 of the Code of Virginia. 11. The foreign business trust received an order to cease and desist, for failure to register under 13.1-1245 of the Code of Virginia. 12. The foreign business trust did not violate this Subarticle because it registered on time, timely filed and served the information required by this Subarticle, and complied with its filings pursuant to the Code of Virginia, including Section 13.1-1246 of the Code of Virginia. 13. The foreign business trust does not violate this Subarticle because it had only one agent in the Commonwealth when it filed the initial application for registration, and that agent complied with the reporting requirements pursuant to Section 13.1-1245 of the Code of Virginia. 14. The foreign business trust does not violate this Subarticle because it does not have the capacity or authority to receive or invest the funds raised by the business activity, unless it has obtained an exemption for an activity under Section 13.1-1250 of the Code of Virginia. 15.
