Virginia § 13.1-1099.20 - Application of § 13.1-1099.10 after merger
Full text of Virginia Code of Virginia § 13.1-1099.20 — Application of § 13.1-1099.10 after merger, with citation guidance and answers to common questions.
§ 13.1-1099.20. Application of § 13.1-1099.10 after merger
A. A creditor's right that existed under § 13.1-1099.10 immediately before a merger under § 13.1-1099.16 may be enforced after the merger in accordance with the following rules:
1. A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger.
2. A creditor's right that existed immediately before the merger against a non-surviving company:
a. May be asserted against an asset of the non-surviving company that vested in the surviving company as a result of the merger; and
b. Does not otherwise change.
3. Subject to subsection B, the following rules apply:
a. In addition to the remedy stated in subdivision 1, a creditor with a right under § 13.1-1099.10 that existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against:
(1) An asset of the surviving company, other than an asset of the non-surviving company that vested in the surviving company as a result of the merger;
(2) An asset of a continuing protected series;
(3) An asset of a protected series established by the surviving company as a result of the merger;
(4) If the creditor's right was against an asset of the non-surviving company, an asset of a relocated protected series; or
(5) If the creditor's right was against an asset of a relocated protected series, an asset of a relocated protected series.
b. In addition to the remedy stated in subdivision 2, a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against:
(1) An asset of a relocated protected series; or
(2) An asset of a non-surviving company that vested in the surviving company as a result of the merger.
B. For the purposes of subdivision A 3 and subdivisions B 1a, B 2a, and B 3a of § 13.1-1099.10, the incurrence date is deemed to be the date on which the merger becomes effective.
C. A merger under § 13.1-1099.16 does not affect the manner in which § 13.1-1099.10 applies to a liability incurred after the merger.
2019, c. 636.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 13.1-1099.20
What does Code of Virginia § 13.1-1099.20 cover?
Section 13.1-1099.20 ("Application of § 13.1-1099.10 after merger") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 13.1-1099.20?
A common citation format is "Code of Virginia § 13.1-1099.20" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 13.1-1099.20 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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