HomeMy WebLinkAboutSUB201300055 Review Comments Miscellaneous Submittal 2013-10-28Ellie Ra
From: Greg Kamptner [gkamptner @albemarle.org]
Sent: Monday, October 28, 2013 11:54 AM
To: Ellie Ray
Subject: RE: SUB 2013 -00055 Wickham Pond Phase II
Ellie-
I've reviewed the resubmitted declaration and drainage easement and I have a question about
the ownership issue for the documents --
The signature block on the plat identifies "Wickham Pond Community Association, Inc." as the
owner but the drainage easement deed and the declaration identify "Wickham Two Holdings, LTD"
as the owner. This needs to be reconciled.
Also, my prior comment was not addressed -- the documents identify Vito Cetta as "owner" of
the corporation (the "Ltd "). The following are the authorized signatories for stock and non -
stock corporations and we expect the signatory to be identified as such:
1. Stock corporations
Authorized signatories: The authorized signatories are: (1) the board of directors; (2) any
person in the corporation expressly authorized by the board of directors to complete
prescribed acts on behalf of the corporation (Virginia Code § 13.1 -673); (3) a committee of
the board of directors (Virginia Code § 13.1 -689); or (4) a corporate officer as provided in
the by -laws or in a resolution of the board of directors (Virginia Code § 13.1 -694).
Supporting documentation: The supporting documentation is: (1) for a board of directors, the
articles of incorporation or a shareholders agreement may limit the board's statutory
authority (Virginia Code § 13.1 -673); (2) for a person expressly authorized by the board of
directors, written evidence of that authorization, such as a board resolution or board
minutes; (3) for a committee, an action of the board of directors authorizing the committee
to act; the articles of incorporation or the by -laws may limit the statutory authority
(Virginia Code § 13.1 -689); (4) for a corporate officer, the by -laws or the delegating
resolution of the board of directors (Virginia Code § 13.1 -694).
2. Nonstock corporations
Authorized signatories: The authorized signatories are: (1) the board of directors; (2) any
person in the corporation expressly authorized by the board of directors to complete
prescribed acts on behalf of the corporation (Virginia Code § 13.1 -853); (3) a committee of
the board of directors (Virginia Code § 13.1 -869); or (4) a corporate officer as provided in
the by -laws or in a resolution of the board of directors (Virginia Code § 13.1 -872).
Supporting documentation: The supporting documentation is: (1) for a board of directors, the
articles of incorporation and the by -laws, the latter of which may include a member or
director agreement, may limit the board's statutory authority (Virginia Code §§ 13.1- 852.1,
13.1 -853); (2) for a person expressly authorized by the board of directors, written evidence
of that authorization such as a board resolution or board minutes; (3) for a committee, an
action of the board of directors authorizing the committee to act; the articles of
incorporation or the by -laws may limit the statutory authority (Virginia Code § 13.1 -869);
(4) for a corporate officer, the by -laws or the delegating resolution of the board of
directors (Virginia Code § 13.1 -872).
Greg Kamptner
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