SD38 - Revision of Chapter 7 of Title 6 of the Code of Virginia

  • Published: 1975
  • Author: Virginia Code Commission
  • Enabling Authority: Senate Joint Resolution 41 (Regular Session, 1974)

Executive Summary:

The Virginia Code Commission appointed a committee to study sections of the Code of Virginia relating to money and interest generally to determine whether or not such sections should be rearranged and revised for purposes of clarity. The following report and bill represent the results of that committee's labors as they were adopted by the Commission.

The difference between "clarifying" amendments and "substantive" amendments is a thin line. For example, the amendment to § 6.1-327 relating to entities which may not plead usury included partnerships which are required to file under the Virginia statute but omitted to include partnerships formed under the laws of a state other than Virginia. Such a foreign partnership might have a business transaction in Virginia but not be required to file under the Virginia statutes relating to partnerships. While it is believed that this amendment eliminates an unintended inconsistency, it is hard not to characterize this as substantive.