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§ 8.01-304.1.How process served on a business trust.

Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026

In one sentenceSection 8.01-304.1 allows a domestic or foreign business trust to be served through personal service on its registered agent or, if that fails, through the substituted-service provisions of Title 13.1 that apply to business trusts.

Full Text of § 8.01-304.1

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A domestic or foreign business trust may be served by personal service on its registered agent as provided in subsection A of § 13.1-1223 and by substituted service in accordance with subsection B of § 13.1-1223 or subsection E of § 13.1-1247.

Plain-English Summary

Business trusts are a less common entity form, but Section 8.01-304.1 gives them the same registered-agent-based service framework Virginia uses for corporations and LLCs. A domestic or foreign business trust may be served by personal service on its registered agent, as provided in subsection A of §13.1-1223.

When personal service on the registered agent is not possible, the section allows substituted service instead, following either subsection B of §13.1-1223 or subsection E of §13.1-1247, whichever applies to the circumstances. The section keeps business-trust service consistent with how Virginia already handles corporations, LLCs, and other registered-agent entities.

Frequently Asked Questions

How is a business trust served with process in Virginia?

By personal service on its registered agent, as provided in subsection A of §13.1-1223.

What if the registered agent cannot be found?

Substituted service is available under subsection B of §13.1-1223 or subsection E of §13.1-1247.

Does this apply to trusts formed outside Virginia?

Yes. The section covers both domestic and foreign business trusts.

When was this section added to the Code?

It was enacted in 2024, c. 454.

Is this similar to how corporations are served?

Yes. It follows the same registered-agent-plus-substituted-service model Virginia uses for corporations, LLCs, and limited liability partnerships.

Amendment History

2024, c. 454.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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