Virginia Code 13.1-1099.24: Disclosure required when foreign series limited liability company or foreign protected series subject to proceeding
A. Not later than 30 days after becoming a party to a proceeding before a civil, criminal, administrative, or other adjudicative tribunal of the Commonwealth or a tribunal of the United States located in the Commonwealth:
Terms Used In Virginia Code 13.1-1099.24
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Foreign protected series: means a protected series established by a foreign series limited liability company and having attributes comparable to a protected series established under Article 16 (§ 13. See Virginia Code 13.1-1002
- Foreign series limited liability company: means a foreign limited liability company having at least one foreign protected series. See Virginia Code 13.1-1002
- Jurisdiction: when used to refer to a political entity, means the United States, a state, a foreign country, or a political subdivision of a foreign country. See Virginia Code 13.1-1002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a protected series. See Virginia Code 13.1-1002
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Protected series manager: means a person under whose authority the powers of a protected series are exercised and under whose direction the activities and affairs of the protected series are managed pursuant to the operating agreement, this article, and other provisions of this chapter. See Virginia Code 13.1-1088
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes a district, authority, bureau, commission, department, and any other agency of the United States. See Virginia Code 13.1-1002
1. A foreign series limited liability company shall disclose to each other party the name and the street and mailing addresses of:
a. Each foreign protected series of the foreign series limited liability company; and
b. Each foreign protected series manager of and an agent for service of process for each foreign protected series of the foreign series limited liability company; and
2. A foreign protected series of a foreign series limited liability company shall disclose to each other party the name and the street and mailing addresses of:
a. The foreign series limited liability company that established the foreign protected series, each person managing the foreign series limited liability company, and an agent for service of process for the foreign series limited liability company; and
b. Any other foreign protected series of the foreign series limited liability company and each protected series manager of and an agent for service of process for the other protected series.
B. If a foreign series limited liability company or foreign protected series challenges the personal jurisdiction of the tribunal, the requirement that the foreign series limited liability company or foreign protected series make disclosure under subsection A is tolled until the tribunal determines whether it has personal jurisdiction.
C. If a foreign series limited liability company or foreign protected series does not comply with subsection A, a party to the proceeding may:
1. Request the tribunal to treat the noncompliance as a failure to comply with the tribunal’s discovery rules; or
2. Bring a separate proceeding in the tribunal to enforce subsection A.
2019, c. 636.