| 14 | 10 | | |
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| 15 | 11 | | (Patron Prior to SubstituteDelegate Reaser) |
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| 16 | 12 | | |
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| 17 | 13 | | A BILL to amend and reenact 8.9A-502, 17.1-275, and 58.1-811, as it is currently effective and as it may become effective, of the Code of Virginia, relating to land records; recording and indexing fees. |
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| 18 | 14 | | |
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| 19 | 15 | | |
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| 20 | 16 | | |
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| 21 | 17 | | Be it enacted by the General Assembly of Virginia: |
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| 22 | 18 | | |
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| 23 | 19 | | 1. That 8.9A-502, 17.1-275, and 58.1-811, as it is currently effective and as it may become effective, of the Code of Virginia are amended and reenacted as follows: |
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| 24 | 20 | | |
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| 25 | 21 | | 8.9A-502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement. |
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| 26 | 22 | | |
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| 27 | 23 | | (a) Sufficiency of financing statement. Subject to subsection (b), a financing statement is sufficient only if it: |
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| 28 | 24 | | |
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| 29 | 25 | | (1) provides the name of the debtor; |
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| 30 | 26 | | |
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| 31 | 27 | | (2) provides the name of the secured party or a representative of the secured party; and |
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| 32 | 28 | | |
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| 33 | 29 | | (3) indicates the collateral covered by the financing statement. |
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| 34 | 30 | | |
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| 35 | 31 | | (b) Real-property-related financing statements. Except as otherwise provided in 8.9A-501 (b), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also: |
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| 36 | 32 | | |
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| 37 | 33 | | (1) indicate that it covers this type of collateral; |
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| 38 | 34 | | |
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| 39 | 35 | | (2) indicate that it is to be filed for record in the real property records; |
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| 40 | 36 | | |
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| 41 | 37 | | (3) provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this state if the description were contained in a record of the mortgage of the real property; and |
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| 42 | 38 | | |
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| 43 | 39 | | (4) if the debtor does not have an interest of record in the real property, provide the name of a record owner. |
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| 44 | 40 | | |
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| 45 | 41 | | (c) Record of mortgage as financing statement. A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if: |
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| 46 | 42 | | |
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| 47 | 43 | | (1) the record indicates the goods or accounts that it covers; |
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| 48 | 44 | | |
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| 49 | 45 | | (2) the goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut; |
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| 50 | 46 | | |
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| 51 | 47 | | (3) the record satisfies the requirements for a financing statement in this section, but: |
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| 52 | 48 | | |
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| 53 | 49 | | (A) the record need not indicate that it is to be filed in the real property records; and |
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| 54 | 50 | | |
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| 55 | 51 | | (B) the record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom 8.9A-503(a)(4) applies; and |
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| 56 | 52 | | |
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| 57 | 53 | | (4) the record is duly recorded. |
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| 58 | 54 | | |
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| 59 | 55 | | (d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. |
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| 60 | 56 | | |
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| 61 | 57 | | (e) Recording and indexing record of multipurpose commercial deed of trust or mortgage incorporating a financing statement. Where a multipurpose commercial deed of trust or mortgage that incorporates a financing statement as part of such deed of trust or mortgage and is identified on the first page as a "multipurpose commercial deed of trust," as described in subdivision A 2a of 17.1-275, is recorded, no clerk of a circuit court shall keep the original document as he would with a financing statement only. Fees for recording and indexing such record of a multipurpose commercial deed of trust or mortgage as a financing statement shall be assessed pursuant to subdivision A 2a of 17.1-275. |
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| 62 | 58 | | |
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| 63 | 59 | | 17.1-275. Fees collected by clerks of circuit courts; generally. |
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| 64 | 60 | | |
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| 65 | 61 | | A. A clerk of a circuit court shall, for services performed by virtue of his office, charge the following fees: |
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| 66 | 62 | | |
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| 67 | 63 | | 1. [Repealed.] |
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| 68 | 64 | | |
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| 69 | 65 | | 2. For recording and indexing in the proper book any writing and all matters therewith, or for recording and indexing anything not otherwise provided for, $18 for an instrument or document consisting of 10 or fewer pages or sheets; $32 for an instrument or document consisting of 11 to 30 pages or sheets; and $52 for an instrument or document consisting of 31 or more pages or sheets. Whenever any writing to be recorded includes plat or map sheets no larger than eight and one-half inches by 14 inches, such plat or map sheets shall be counted as ordinary pages for the purpose of computing the recording fee due pursuant to this section. A fee of $17 per page or sheet shall be charged with respect to plat or map sheets larger than eight and one-half inches by 14 inches. Only a single fee as authorized by this subdivision shall be charged for recording a certificate of satisfaction that releases the original deed of trust and any corrected or revised deeds of trust. Three dollars and fifty cents of the fee collected for recording and indexing shall be designated for use in preserving the permanent records of the circuit courts. The sum collected for this purpose shall be administered by The Library of Virginia in cooperation with the circuit court clerks. |
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| 70 | 66 | | |
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| 71 | 67 | | 2a. Where a commercial deed of trust or mortgage serves multiple purposes and contains two or more instruments that may serve independent legal purposes, no clerk shall assess separate fees for recording and indexing such document and instruments unless such person requests that such document or instruments be recorded and indexed in more than a single instance. A multipurpose commercial deed of trust or mortgage may include a commercial deed of trust or mortgage, a security agreement, an assignment of rents and leases, or any real-property-related financing statement pursuant to 8.9A-502, including one that covers as-extracted collateral or timber to be cut or that is filed as a fixture filing and covers goods that are or are to become fixtures. A multipurpose commercial deed of trust or mortgage shall on the front page, either in capital letters or in language underscored, set forth the words "THIS IS A MULTIPURPOSE COMMERCIAL DEED OF TRUST." Such phrase shall convey notice to all parties, irrespective of how the instrument is recorded and indexed, that the instrument may serve independent legal purposes. For recording and indexing, such multipurpose commercial deed of trust or mortgage shall be $200 for an instrument or document consisting of 10 or fewer pages or sheets, $225 for an instrument or document consisting of 11 to 30 pages or sheets, and $250 for an instrument consisting of 31 or more pages or sheets. |
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| 72 | 68 | | |
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| 73 | 69 | | 2b. A multipurpose commercial deed of trust or mortgage shall be recorded and indexed in the clerk's land records in the same manner as a single purpose deed of trust or mortgage. Such recordation and indexing shall be effective for all independent legal purposes set forth in the multipurpose commercial deed of trust or mortgage. |
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| 74 | 70 | | |
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| 75 | 71 | | 2c. A multipurpose commercial deed of trust or mortgage may be satisfied by a satisfaction or release recorded and indexed in the clerk's land records in the same manner that a satisfaction or release is recorded or indexed for a single purpose deed of trust or mortgage. Such recordation and indexing shall be effective to satisfy or release the lien of all independent legal purposes set forth in the multipurpose commercial deed of trust or mortgage. |
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| 76 | 72 | | |
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| 77 | 73 | | 3. For appointing and qualifying any personal representative, committee, trustee, guardian, or other fiduciary, in addition to any fees for recording allowed by this section, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000. No fee shall be charged for estates of $5,000 or less. |
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| 78 | 74 | | |
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| 79 | 75 | | 4. For entering and granting and for issuing any license, other than a marriage license or a hunting and fishing license, and administering an oath when necessary, $10. |
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| 80 | 76 | | |
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| 81 | 77 | | 5. For issuing a marriage license, attaching certificate, administering or receiving all necessary oaths or affidavits, indexing and recording, $10. For recording an order to celebrate the rites of marriage pursuant to 20-25, $25 to be paid by the petitioner. |
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| 82 | 78 | | |
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| 83 | 79 | | 6. For making out any bond, other than those under 17.1-267 or subdivision A 4, administering all necessary oaths and writing proper affidavits, $3. |
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| 84 | 80 | | |
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| 85 | 81 | | 7. For all services rendered by the clerk in any garnishment or attachment proceeding, the clerk's fee shall be $15 in cases not exceeding $500 and $25 in all other cases. |
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| 86 | 82 | | |
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| 87 | 83 | | 8. For making out a copy of any paper, record, or electronic record to go out of the office, which is not otherwise specifically provided for herein, a fee of $0.50 for each page or, if an electronic record, each image. From such fees, the clerk shall reimburse the locality the costs of making out the copies and pay the remaining fees directly to the Commonwealth. The funds to recoup the cost of making out the copies shall be deposited with the county or city treasurer or Director of Finance, and the governing body shall budget and appropriate such funds to be used to support the cost of copies pursuant to this subdivision. For purposes of this section, the costs of making out the copies authorized under this section shall include costs included in the lease and maintenance agreements for the equipment and the technology needed to operate electronic systems in the clerk's office used to make out the copies, but shall not include salaries or related benefits. The costs of copies shall otherwise be determined in accordance with 2.2-3704. However, there shall be no charge to the recipient of a final order or decree to send an attested copy to such party. |
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| 88 | 84 | | |
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| 89 | 85 | | 9. For annexing the seal of the court to any paper, writing the certificate of the clerk accompanying it, the clerk shall charge $2 and for attaching the certificate of the judge, if the clerk is requested to do so, the clerk shall charge an additional $0.50. |
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| 90 | 86 | | |
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| 91 | 87 | | 10. In any case in which a person is convicted of a violation of any provision of Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject to a disposition under 18.2-251, the clerk shall assess a fee of $150 for each felony conviction and each felony disposition under 18.2-251 which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund. |
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| 92 | 88 | | |
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| 93 | 89 | | 11. In any case in which a person is convicted of a violation of any provision of Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject to a disposition under 18.2-251, the clerk shall assess a fee for each misdemeanor conviction and each misdemeanor disposition under 18.2-251, which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund as provided in 17.1-275.8. |
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| 94 | 90 | | |
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| 95 | 91 | | 12. Upon the defendant's being required to successfully complete traffic school, a mature driver motor vehicle crash prevention course, or a driver improvement clinic in lieu of a finding of guilty, the court shall charge the defendant fees and costs as if he had been convicted. |
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| 96 | 92 | | |
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| 97 | 93 | | 13. In all civil actions that include one or more claims for the award of monetary damages the clerk's fee chargeable to the plaintiff shall be $100 in cases seeking recovery not exceeding $49,999; $200 in cases seeking recovery exceeding $49,999, but not exceeding $100,000; $250 in cases seeking recovery exceeding $100,000, but not exceeding $500,000; and $300 in cases seeking recovery exceeding $500,000. Ten dollars of each such fee shall be apportioned to the Courts Technology Fund established under 17.1-132. A fee of $25 shall be paid by the plaintiff at the time of instituting a condemnation case, in lieu of any other fees. There shall be no fee charged for the filing of a cross-claim or setoff in any pending action. However, the fees prescribed by this subdivision shall be charged upon the filing of a counterclaim or a claim impleading a third-party defendant. The fees prescribed above shall be collected upon the filing of papers for the commencement of civil actions. This subdivision shall not be applicable to cases filed in the Supreme Court of Virginia. |
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| 98 | 94 | | |
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| 99 | 95 | | 13a. For the filing of any petition seeking court approval of a settlement where no action has yet been filed, the clerk's fee, chargeable to the petitioner, shall be $50, to be paid by the petitioner at the time of filing the petition. |
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| 100 | 96 | | |
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| 101 | 97 | | 14. In addition to the fees chargeable for civil actions, for the costs of proceedings for judgments by confession under 8.01-432 through 8.01-440, the clerk shall tax as costs (i) the cost of registered or certified mail; (ii) the statutory writ tax, in the amount required by law to be paid on a suit for the amount of the confessed judgment; (iii) for the sheriff for serving each copy of the order entering judgment, $12; and (iv) for docketing the judgment and issuing executions thereon, the same fees as prescribed in subdivision A 17. |
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| 102 | 98 | | |
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| 103 | 99 | | 15. For qualifying notaries public, including the making out of the bond and any copies thereof, administering the necessary oaths, and entering the order, $10. |
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| 104 | 100 | | |
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| 105 | 101 | | 16. For each habeas corpus proceeding, the clerk shall receive $10 for all services required thereunder. This subdivision shall not be applicable to such suits filed in the Supreme Court of Virginia. |
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| 106 | 102 | | |
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| 107 | 103 | | 17. For docketing and indexing a judgment from any other court of the Commonwealth, for docketing and indexing a judgment in the new name of a judgment debtor pursuant to the provisions of 8.01-451, but not when incident to a divorce, for noting and filing the assignment of a judgment pursuant to 8.01-452, a fee of $5; and for issuing an abstract of any recorded judgment, when proper to do so, a fee of $5; and for filing, docketing, indexing and mailing notice of a foreign judgment, a fee of $20. |
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| 108 | 104 | | |
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| 109 | 105 | | 18. For all services rendered by the clerk in any court proceeding for which no specific fee is provided by law, the clerk shall charge $10, to be paid by the party filing said papers at the time of filing; however, this subdivision shall not be applicable in a divorce cause prior to and including the entry of a decree of divorce from the bond of matrimony. |
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| 110 | 106 | | |
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| 111 | 107 | | 19, 20. [Repealed.] |
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| 112 | 108 | | |
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| 113 | 109 | | 21. For making the endorsements on a forthcoming bond and recording the matters relating to such bond pursuant to the provisions of 8.01-529, $1. |
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| 114 | 110 | | |
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| 115 | 111 | | 22. For all services rendered by the clerk in any proceeding pursuant to 57-8 or 57-15, $10. |
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| 116 | 112 | | |
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| 117 | 113 | | 23. For preparation and issuance of a subpoena duces tecum, $5. |
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| 118 | 114 | | |
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| 119 | 115 | | 24. For all services rendered by the clerk in matters under 8.01-217 relating to change of name, $20; however, this subdivision shall not be applicable in cases where the change of name is incident to a divorce. |
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| 120 | 116 | | |
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| 121 | 117 | | 25. For providing court records or documents on microfilm, per frame, $0.50. |
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| 122 | 118 | | |
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| 123 | 119 | | 26. In all divorce and separate maintenance proceedings, and all civil actions that do not include one or more claims for the award of monetary damages, the clerk's fee chargeable to the plaintiff shall be $60, $10 of which shall be apportioned to the Courts Technology Fund established under 17.1-132 to be paid by the plaintiff at the time of instituting the suit, which shall include the furnishing of a duly certified copy of the final decree. The fees prescribed by this subdivision shall be charged upon the filing of a counterclaim or a claim impleading a third-party defendant. However, no fee shall be charged for (i) the filing of a cross-claim or setoff in any pending suit or (ii) the filing of a counterclaim or any other responsive pleading in any annulment, divorce, or separate maintenance proceeding. In divorce cases, when there is a merger of a divorce of separation a mensa et thoro into a decree of divorce a vinculo, the above mentioned fee shall include the furnishing of a duly certified copy of both such decrees. |
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| 124 | 120 | | |
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| 125 | 121 | | 27. For the acceptance of credit or debit cards in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeiture, penalties and costs, the clerk shall collect from the person presenting such credit or debit card a reasonable convenience fee for the processing of such credit or debit card. Such convenience fee shall not exceed four percent of the amount paid for the transaction or a flat fee of $2 per transaction. The clerk may set a lower convenience fee for electronic filing of civil or criminal proceedings pursuant to 17.1-258.3. Nothing herein shall be construed to prohibit the clerk from outsourcing the processing of credit and debit card transactions to a third-party private vendor engaged by the clerk. Convenience fees shall be used to cover operational expenses as defined in 17.1-295. |
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| 126 | 122 | | |
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| 127 | 123 | | 28. For the return of any check unpaid by the financial institution on which it was drawn or notice is received from the credit or debit card issuer that payment will not be made for any reason, the clerk may collect a fee of $50 or 10 percent of the amount of the payment, whichever is greater. |
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| 128 | 124 | | |
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| 129 | 125 | | 29. For all services rendered, except in cases in which costs are assessed pursuant to 17.1-275.1, 17.1-275.2, 17.1-275.3, or 17.1-275.4, in an adoption proceeding, a fee of $20, in addition to the fee imposed under 63.2-1246, to be paid by the petitioner or petitioners. For each petition for adoption filed pursuant to 63.2-1201, except those filed pursuant to subdivisions 4 and 5 of 63.2-1210, an additional $50 filing fee as required under 63.2-1201 shall be deposited in the Virginia Birth Father Registry Fund pursuant to 63.2-1249. |
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| 130 | 126 | | |
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| 131 | 127 | | 30. For issuing a duplicate license for one lost or destroyed as provided in 29.1-334, a fee in the same amount as the fee for the original license. |
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| 132 | 128 | | |
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| 133 | 129 | | 31. For the filing of any petition as provided in 33.2-1023, 33.2-1024, and 33.2-1027, a fee of $5 to be paid by the petitioner; and for the recordation of a certificate or copy thereof, as provided for in 33.2-1021, as well as for any order of the court relating thereto, the clerk shall charge the same fee as for recording a deed as provided for in this section, to be paid by the party upon whose request such certificate is recorded or order is entered. |
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| 134 | 130 | | |
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| 135 | 131 | | 32. For making up, certifying and transmitting original record pursuant to the Rules of the Supreme Court, including all papers necessary to be copied and other services rendered, except in cases in which costs are assessed pursuant to 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9, a fee of $20. |
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| 136 | 132 | | |
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| 137 | 133 | | 33. [Repealed.] |
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| 138 | 134 | | |
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| 139 | 135 | | 34. For filings, etc., under the Uniform Federal Lien Registration Act ( 55.1-653 et seq.), the fees shall be as prescribed in that Act. |
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| 140 | 136 | | |
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| 141 | 137 | | 35. [Repealed.] |
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| 142 | 138 | | |
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| 143 | 139 | | 36. For recordation of certificate and registration of names of nonresident owners in accordance with 59.1-74, a fee of $10. |
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| 144 | 140 | | |
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| 145 | 141 | | 37. For maintaining the information required under the Overhead High Voltage Line Safety Act ( 59.1-406 et seq.), the fee as prescribed in 59.1-411. |
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| 146 | 142 | | |
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| 147 | 143 | | 38. For lodging, indexing, and preserving a will in accordance with 64.2-409, a fee of $5. |
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| 148 | 144 | | |
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| 149 | 145 | | 39. For filing a financing statement in accordance with 8.9A-505, the fee shall be as prescribed under 8.9A-525. |
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| 150 | 146 | | |
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| 151 | 147 | | 40. For filing a termination statement in accordance with 8.9A-513, the fee shall be as prescribed under 8.9A-525. |
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| 152 | 148 | | |
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| 153 | 149 | | 41. For filing assignment of security interest in accordance with 8.9A-514, the fee shall be as prescribed under 8.9A-525. |
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| 154 | 150 | | |
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| 155 | 151 | | 42. For filing a petition as provided in 64.2-2001 and 64.2-2013, the fee shall be $10. |
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| 156 | 152 | | |
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| 157 | 153 | | 43. For issuing any execution, and recording the return thereof, a fee of $1.50. |
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| 158 | 154 | | |
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| 159 | 155 | | 44. For the preparation and issuance of a summons for interrogation by an execution creditor, a fee of $5. If there is no outstanding execution, and one is requested herewith, the clerk shall be allowed an additional fee of $1.50, in accordance with subdivision A 44. |
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| 160 | 156 | | |
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| 161 | 157 | | B. In accordance with 17.1-281, the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for courthouse construction, renovation or maintenance. |
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| 162 | 158 | | |
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| 163 | 159 | | C. In accordance with 17.1-278, the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for services provided for the poor, without charge, by a nonprofit legal aid program. |
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| 164 | 160 | | |
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| 165 | 161 | | D. In accordance with 42.1-70, the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for public law libraries. |
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| 166 | 162 | | |
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| 167 | 163 | | E. All fees collected pursuant to subdivision A 27 and 17.1-276 shall be deposited by the clerk into a special revenue fund held by the clerk, which will restrict the funds to their statutory purpose. |
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| 168 | 164 | | |
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| 169 | 165 | | F. The provisions of this section shall control the fees charged by clerks of circuit courts for the services above described. |
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| 170 | 166 | | |
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| 171 | 167 | | 58.1-811. (Contingent expiration date) Exemptions. |
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| 172 | 168 | | |
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| 173 | 169 | | A. The taxes imposed by 58.1-801 and 58.1-807 shall not apply to any deed conveying real estate or lease of real estate: |
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| 174 | 170 | | |
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| 175 | 171 | | 1. To an incorporated college or other incorporated institution of learning not conducted for profit, where such real estate is intended to be used for educational purposes and not as a source of revenue or profit; |
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| 176 | 172 | | |
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| 177 | 173 | | 2. To an incorporated church or religious body or to the trustee or trustees of any church or religious body, or a corporation mentioned in 57-16.1, where such real estate is intended to be used exclusively for religious purposes, or for the residence of the minister of any such church or religious body; |
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| 178 | 174 | | |
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| 179 | 175 | | 3. To the United States, the Commonwealth, or to any county, city, town, district, or other political subdivision of the Commonwealth; |
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| 180 | 176 | | |
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| 181 | 177 | | 4. To the Virginia Division of the United Daughters of the Confederacy; |
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| 182 | 178 | | |
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| 183 | 179 | | 5. To any nonstock corporation organized exclusively for the purpose of owning or operating a hospital or hospitals not for pecuniary profit; |
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| 184 | 180 | | |
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| 185 | 181 | | 6. To a corporation upon its organization by persons in control of the corporation in a transaction which qualifies for nonrecognition of gain or loss pursuant to 351 of the Internal Revenue Code as it exists at the time of the conveyance; |
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| 186 | 182 | | |
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| 187 | 183 | | 7. From a corporation to its stockholders upon complete or partial liquidation of the corporation in a transaction which qualifies for income tax treatment pursuant to 331, 332, 333, or 337 of the Internal Revenue Code as it exists at the time of liquidation; |
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| 188 | 184 | | |
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| 189 | 185 | | 8. To the surviving or new corporation, partnership, limited partnership, business trust, or limited liability company upon a merger or consolidation to which two or more such entities are parties, or in a reorganization within the meaning of 368(a)(1)(C) and (F) of the Internal Revenue Code as amended; |
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| 190 | 186 | | |
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| 191 | 187 | | 9. To a subsidiary corporation from its parent corporation, or from a subsidiary corporation to a parent corporation, if the transaction qualifies for nonrecognition of gain or loss under the Internal Revenue Code as amended; |
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| 192 | 188 | | |
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| 193 | 189 | | 10. To a partnership or limited liability company, when the grantors are entitled to receive not less than 50 percent of the profits and surplus of such partnership or limited liability company, provided that the transfer to a limited liability company is not a precursor to a transfer of control of the assets of the company to avoid recordation taxes; |
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| 194 | 190 | | |
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| 195 | 191 | | 11. From a partnership or limited liability company, when the grantees are entitled to receive not less than 50 percent of the profits and surplus of such partnership or limited liability company, provided that the transfer from a limited liability company is not subsequent to a transfer of control of the assets of the company to avoid recordation taxes; |
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| 196 | 192 | | |
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| 197 | 193 | | 12. To trustees of a revocable inter vivos trust, when the grantors in the deed and the beneficiaries of the trust are the same persons, regardless of whether other beneficiaries may also be named in the trust instrument, when no consideration has passed between the grantor and the beneficiaries; |
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| 198 | 194 | | |
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| 199 | 195 | | 13. When the grantor is an organization exempt from taxation under 501(c)(3) of the Internal Revenue Code that is organized and operated primarily to acquire land and purchase materials to erect or rehabilitate low-cost homes on such land, which homes are sold at cost to persons who otherwise would be unable to afford to buy a home through conventional means; |
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| 200 | 196 | | |
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| 201 | 197 | | 14. When it is a deed of partition, or any combination of deeds simultaneously executed and having the effect of a deed of partition, among joint tenants, tenants in common, or coparceners; or |
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| 202 | 198 | | |
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| 203 | 199 | | 15. When it is a deed transferring property pursuant to a decree of divorce or of separate maintenance or pursuant to a written instrument incident to such divorce or separation. |
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| 204 | 200 | | |
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| 205 | 201 | | B. The taxes imposed by 58.1-803 and 58.1-804 shall not apply to any deed of trust or mortgage: |
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| 206 | 202 | | |
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| 207 | 203 | | 1. Given by an incorporated college or other incorporated institution of learning not conducted for profit; |
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| 208 | 204 | | |
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| 209 | 205 | | 2. Given by the trustee or trustees of a church or religious body or given by an incorporated church or religious body, or given by a corporation mentioned in 57-16.1; |
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| 210 | 206 | | |
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| 211 | 207 | | 3. Given by any nonstock corporation organized exclusively for the purpose of owning and/or operating a hospital or hospitals not for pecuniary profit; |
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| 212 | 208 | | |
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| 213 | 209 | | 4. Given by any local governmental entity or political subdivision of the Commonwealth to secure a debt payable to any other local governmental entity or political subdivision; |
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| 214 | 210 | | |
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| 215 | 211 | | 5. Securing a loan made by an organization described in subdivision A 13; |
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| 216 | 212 | | |
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| 217 | 213 | | 6. Securing a loan made by a county, city, or town, or an agency of such a locality, to a borrower whose household income does not exceed 80 percent of the area median household income established by the U.S. Department of Housing and Urban Development, for the purpose of erecting or rehabilitating a home for such borrower, including the purchase of land for such home; or |
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| 218 | 214 | | |
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| 219 | 215 | | 7. Given by any entity organized pursuant to Chapter 9.1 ( 56-231.15 et seq.) of Title 56. |
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| 220 | 216 | | |
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| 221 | 217 | | C. The tax imposed by 58.1-802 and the fee imposed by 58.1-802.3, 58.1-802.4 and 58.1-802.5 shall not apply to any: |
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| 222 | 218 | | |
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| 223 | 219 | | 1. Transaction described in subdivisions A 6 through 12, 14, and 15; |
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| 224 | 220 | | |
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| 225 | 221 | | 2. Instrument or writing given to secure a debt; |
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| 226 | 222 | | |
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| 227 | 223 | | 3. Deed conveying real estate from an incorporated college or other incorporated institution of learning not conducted for profit; |
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| 228 | 224 | | |
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| 229 | 225 | | 4. Deed conveying real estate from the United States, the Commonwealth or any county, city, town, district, or other political subdivision thereof; |
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| 230 | 226 | | |
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| 231 | 227 | | 5. Conveyance of real estate to the Commonwealth or any county, city, town, district, or other political subdivision thereof, if such political unit is required by law to reimburse the parties taxable pursuant to 58.1-802 or subject to the fee under 58.1-802.3 or 58.1-802.5; or |
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| 232 | 228 | | |
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| 233 | 229 | | 6. Deed conveying real estate from the trustee or trustees of a church or religious body or from an incorporated church or religious body, or from a corporation mentioned in 57-16.1. |
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| 234 | 230 | | |
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| 235 | 231 | | D. No recordation tax shall be required for the recordation of any deed of gift or quitclaim deed between a grantor or grantors and a grantee or grantees when no consideration has passed between the parties. Such deed shall state therein that it is a deed of gift or quitclaim deed and shall show on its face that no consideration has passed. |
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| 236 | 232 | | |
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| 237 | 233 | | E. The tax imposed by 58.1-807 shall not apply to any lease to the United States, the Commonwealth, or any county, city, town, district, or other political subdivision of the Commonwealth. |
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| 238 | 234 | | |
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| 239 | 235 | | F. The taxes and fees imposed by 58.1-801, 58.1-802, 58.1-802.3, 58.1-802.5, 58.1-807, 58.1-808, and 58.1-814 shall not apply to (i) any deed of gift conveying real estate or any interest therein to The Nature Conservancy or (ii) any lease of real property or any interest therein to The Nature Conservancy, where such deed of gift or lease of real estate is intended to be used exclusively for the purpose of preserving wilderness, natural, or open space areas. |
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| 240 | 236 | | |
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| 241 | 237 | | G. The words "trustee" or "trustees," as used in subdivisions A 2, B 2, and C 6, include the trustees mentioned in 57-8 and the ecclesiastical officers mentioned in 57-16. |
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| 242 | 238 | | |
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| 243 | 239 | | H. No recordation tax levied pursuant to this chapter shall be levied on the release of a contractual right, if the release is contained within a single deed that performs more than one function, and at least one of the other functions performed by the deed is subject to the recordation tax. |
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| 244 | 240 | | |
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| 245 | 241 | | I. No recordation tax levied pursuant to this chapter shall be levied on a deed, lease, easement, release, or other document recorded in connection with a concession pursuant to the Public-Private Transportation Act of 1995 ( 33.2-1800 et seq.) or similar federal law. |
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| 246 | 242 | | |
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| 247 | 243 | | J. No recordation tax shall be required for the recordation of any transfer on death deed or any revocation of transfer on death deed made pursuant to the Uniform Real Property Transfer on Death Act ( 64.2-621 et seq.) when no consideration has passed between the parties. |
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| 248 | 244 | | |
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| 249 | 245 | | K. No recordation tax levied pursuant to this chapter shall be required for the recordation of any deed of distribution when no consideration has passed between the parties. Such deed shall state therein on the front page that it is a deed of distribution. As used in this subsection, "deed of distribution" means a deed conveying property from an estate or trust (i) to the original beneficiaries of a trust from the trustees holding title under a deed in trust; (ii) the purpose of which is to comply with a devise or bequest in the decedent's will or to transfer title to one or more beneficiaries after the death of the settlor in accordance with a dispositive provision in the trust instrument; (iii) that carries out the exercise of a power of appointment; or (iv) is pursuant to the exercise of the power under the Uniform Trust Decanting Act ( 64.2-779.1 et seq.). |
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| 250 | 246 | | |
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| 251 | 247 | | 58.1-811. (Contingent effective date) Exemptions. |
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| 252 | 248 | | |
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| 253 | 249 | | A. The taxes imposed by 58.1-801 and 58.1-807 shall not apply to any deed conveying real estate or lease of real estate: |
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| 254 | 250 | | |
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| 255 | 251 | | 1. To an incorporated college or other incorporated institution of learning not conducted for profit, where such real estate is intended to be used for educational purposes and not as a source of revenue or profit; |
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| 256 | 252 | | |
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| 257 | 253 | | 2. To an incorporated church or religious body or to the trustee or trustees of any church or religious body, or a corporation mentioned in 57-16.1, where such real estate is intended to be used exclusively for religious purposes, or for the residence of the minister of any such church or religious body; |
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| 258 | 254 | | |
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| 259 | 255 | | 3. To the United States, the Commonwealth, or to any county, city, town, district, or other political subdivision of the Commonwealth; |
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| 260 | 256 | | |
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| 261 | 257 | | 4. To the Virginia Division of the United Daughters of the Confederacy; |
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| 262 | 258 | | |
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| 263 | 259 | | 5. To any nonstock corporation organized exclusively for the purpose of owning or operating a hospital or hospitals not for pecuniary profit; |
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| 264 | 260 | | |
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| 265 | 261 | | 6. To a corporation upon its organization by persons in control of the corporation in a transaction which qualifies for nonrecognition of gain or loss pursuant to 351 of the Internal Revenue Code as it exists at the time of the conveyance; |
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| 266 | 262 | | |
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| 267 | 263 | | 7. From a corporation to its stockholders upon complete or partial liquidation of the corporation in a transaction which qualifies for income tax treatment pursuant to 331, 332, 333, or 337 of the Internal Revenue Code as it exists at the time of liquidation; |
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| 268 | 264 | | |
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| 269 | 265 | | 8. To the surviving or new corporation, partnership, limited partnership, business trust, or limited liability company upon a merger or consolidation to which two or more such entities are parties, or in a reorganization within the meaning of 368(a)(1)(C) and (F) of the Internal Revenue Code as amended; |
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| 270 | 266 | | |
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| 271 | 267 | | 9. To a subsidiary corporation from its parent corporation, or from a subsidiary corporation to a parent corporation, if the transaction qualifies for nonrecognition of gain or loss under the Internal Revenue Code as amended; |
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| 272 | 268 | | |
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| 273 | 269 | | 10. To a partnership or limited liability company, when the grantors are entitled to receive not less than 50 percent of the profits and surplus of such partnership or limited liability company, provided that the transfer to a limited liability company is not a precursor to a transfer of control of the assets of the company to avoid recordation taxes; |
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| 274 | 270 | | |
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| 275 | 271 | | 11. From a partnership or limited liability company, when the grantees are entitled to receive not less than 50 percent of the profits and surplus of such partnership or limited liability company, provided that the transfer from a limited liability company is not subsequent to a transfer of control of the assets of the company to avoid recordation taxes; |
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| 276 | 272 | | |
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| 277 | 273 | | 12. To trustees of a revocable inter vivos trust, when the grantors in the deed and the beneficiaries of the trust are the same persons, regardless of whether other beneficiaries may also be named in the trust instrument, when no consideration has passed between the grantor and the beneficiaries; |
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| 278 | 274 | | |
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| 279 | 275 | | 13. When the grantor is an organization exempt from taxation under 501(c)(3) of the Internal Revenue Code that is organized and operated primarily to acquire land and purchase materials to erect or rehabilitate low-cost homes on such land, which homes are sold at cost to persons who otherwise would be unable to afford to buy a home through conventional means; |
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| 280 | 276 | | |
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| 281 | 277 | | 14. Pursuant to any deed of partition, or any combination of deeds simultaneously executed and having the effect of a deed of partition, among joint tenants, tenants in common, or coparceners; or |
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| 282 | 278 | | |
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| 283 | 279 | | 15. Pursuant to any deed transferring property pursuant to a decree of divorce or of separate maintenance or pursuant to a written instrument incident to such divorce or separation. |
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| 284 | 280 | | |
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| 285 | 281 | | B. The taxes imposed by 58.1-803 and 58.1-804 shall not apply to any deed of trust or mortgage: |
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| 286 | 282 | | |
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| 287 | 283 | | 1. Given by an incorporated college or other incorporated institution of learning not conducted for profit; |
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| 288 | 284 | | |
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| 289 | 285 | | 2. Given by the trustee or trustees of a church or religious body or given by an incorporated church or religious body, or given by a corporation mentioned in 57-16.1; |
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| 290 | 286 | | |
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| 291 | 287 | | 3. Given by any nonstock corporation organized exclusively for the purpose of owning and/or operating a hospital or hospitals not for pecuniary profit; |
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| 292 | 288 | | |
|---|
| 293 | 289 | | 4. Given by any local governmental entity or political subdivision of the Commonwealth to secure a debt payable to any other local governmental entity or political subdivision; |
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| 294 | 290 | | |
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| 295 | 291 | | 5. Securing a loan made by an organization described in subdivision A 13; |
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| 296 | 292 | | |
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| 297 | 293 | | 6. Securing a loan made by a county, city, or town, or an agency of such a locality, to a borrower whose household income does not exceed 80 percent of the area median household income established by the U.S. Department of Housing and Urban Development, for the purpose of erecting or rehabilitating a home for such borrower, including the purchase of land for such home; or |
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| 298 | 294 | | |
|---|
| 299 | 295 | | 7. Given by any entity organized pursuant to Chapter 9.1 ( 56-231.15 et seq.) of Title 56. |
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| 300 | 296 | | |
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| 301 | 297 | | C. The tax imposed by 58.1-802 shall not apply to any: |
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| 302 | 298 | | |
|---|
| 303 | 299 | | 1. Transaction described in subdivisions A 6 through 12, 14, and 15; |
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| 304 | 300 | | |
|---|
| 305 | 301 | | 2. Instrument or writing given to secure a debt; |
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| 306 | 302 | | |
|---|
| 307 | 303 | | 3. Deed conveying real estate from an incorporated college or other incorporated institution of learning not conducted for profit; |
|---|
| 308 | 304 | | |
|---|
| 309 | 305 | | 4. Deed conveying real estate from the United States, the Commonwealth or any county, city, town, district, or other political subdivision thereof; |
|---|
| 310 | 306 | | |
|---|
| 311 | 307 | | 5. Conveyance of real estate to the Commonwealth or any county, city, town, district, or other political subdivision thereof, if such political unit is required by law to reimburse the parties taxable pursuant to 58.1-802; or |
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| 312 | 308 | | |
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| 313 | 309 | | 6. Deed conveying real estate from the trustee or trustees of a church or religious body or from an incorporated church or religious body, or from a corporation mentioned in 57-16.1. |
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| 314 | 310 | | |
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| 315 | 311 | | D. No recordation tax shall be required for the recordation of any deed of gift or quitclaim deed between a grantor or grantors and a grantee or grantees when no consideration has passed between the parties. Such deed shall state therein that it is a deed of gift or quitclaim deed and shall show on its face that no consideration has passed. |
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| 316 | 312 | | |
|---|
| 317 | 313 | | E. The tax imposed by 58.1-807 shall not apply to any lease to the United States, the Commonwealth, or any county, city, town, district, or other political subdivision of the Commonwealth. |
|---|
| 318 | 314 | | |
|---|
| 319 | 315 | | F. The taxes and fees imposed by 58.1-801, 58.1-802, 58.1-807, 58.1-808, and 58.1-814 shall not apply to (i) any deed of gift conveying real estate or any interest therein to The Nature Conservancy or (ii) any lease of real property or any interest therein to The Nature Conservancy, where such deed of gift or lease of real estate is intended to be used exclusively for the purpose of preserving wilderness, natural, or open space areas. |
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| 320 | 316 | | |
|---|
| 321 | 317 | | G. The words "trustee" or "trustees," as used in subdivisions A 2, B 2, and C 6, include the trustees mentioned in 57-8 and the ecclesiastical officers mentioned in 57-16. |
|---|
| 322 | 318 | | |
|---|
| 323 | 319 | | H. No recordation tax levied pursuant to this chapter shall be levied on the release of a contractual right, if the release is contained within a single deed that performs more than one function, and at least one of the other functions performed by the deed is subject to the recordation tax. |
|---|
| 324 | 320 | | |
|---|
| 325 | 321 | | I. No recordation tax levied pursuant to this chapter shall be levied on a deed, lease, easement, release, or other document recorded in connection with a concession pursuant to the Public-Private Transportation Act of 1995 ( 33.2-1800 et seq.) or similar federal law. |
|---|
| 326 | 322 | | |
|---|
| 327 | 323 | | J. No recordation tax shall be required for the recordation of any transfer on death deed or any revocation of transfer on death deed made pursuant to the Uniform Real Property Transfer on Death Act ( 64.2-621 et seq.) when no consideration has passed between the parties. |
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| 328 | 324 | | |
|---|
| 329 | 325 | | K. No recordation tax levied pursuant to this chapter shall be required for the recordation of any deed of distribution when no consideration has passed between the parties. Such deed shall state therein on the front page that it is a deed of distribution. As used in this subsection, "deed of distribution" means a deed conveying property from an estate or trust (i) to the original beneficiaries of a trust from the trustees holding title under a deed in trust; (ii) the purpose of which is to comply with a devise or bequest in the decedent's will or to transfer title to one or more beneficiaries after the death of the settlor in accordance with a dispositive provision in the trust instrument; (iii) that carries out the exercise of a power of appointment; or (iv) is pursuant to the exercise of the power under the Uniform Trust Decanting Act ( 64.2-779.1 et seq.). |
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