Virginia Law Update

The Virginia General Assembly this year adopted the following noteworthy changes to certain statutes affecting businesses and individuals. For the most part, these changes to the Virginia Code took effect on July 1st of this year.

Virginia Corporate Law

This year, the entire Virginia Stock Corporation Act and the entire Virginia Non-Stock Corporation Act were amended and re-enacted to conform to the Model Business Corporation Act. Certain elements of the new law include (1) expanding provisions governing the electronic transmission of notices and other communications, (2) providing that notice to a shareholder that is sent by U.S. Mail is effective upon deposit in the U.S. Mail, (3) allowing shareholders to participate remotely in shareholders meetings and (4) confirming the authority of a board of directors to require that the corporation provide indemnification to members of the board of directors, including advancements and reimbursements. If you would like to discuss the implications of these new changes in the law with an attorney, please call our office at (703) 583-6060.

Powers of Attorney

Effective July 2010, the General Assembly has established the uniform act adopted by the National Conference of Commissioners on Uniform State Laws, entitled the "Uniform Power of Attorney Act". This Act contains certain default rules that can be modified if the principal in a power of attorney desires. Powers of attorney will now be deemed "durable" (meaning they will not expire) unless the power of attorney specifically states that it will expire on a certain date. The new law addresses creation and use of the power of attorney, good faith reliance on the power of attorney, limitations on the attorney-in-fact's powers, judicial review, notification of resignation by the attorney-in-fact, and many other matters. Those individuals having existing powers of attorney which they are currently using to represent other people are urged to review any possible impact of this new law with their attorney. If you would like an attorney from our office to review your current power of attorney document, or if you would like assistance in preparing a new power of attorney, please call our office at (703) 583-6060.

Zoning and Land Use

Section 15.2-2229 of the Code of Virginia was amended this year to grant to the Board of Supervisors the power to prepare an amendment to the comprehensive plan for a locality and send it to the Planning Commission for review, rather than being required to direct the Planning Commission to prepare the amendment. If the Planning Commission fails to make a recommendation on a proposed amendment within the statutorily-designated timeframe, the Board of Supervisors may proceed to submit the proposed amendment to a public hearing. If you would like assistance with presenting a zoning or land use matter to the Board of Supervisors, please call our office at (703) 583-6060.