§31B-12-1203. Severability Clause
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
§31B-12-1204. Effective Date
This chapter takes effect on July 1, 1996.
§31B-12-1205. Transitional Provisions
(a) Before July 1, 1996, this chapter governs only a limited liability company organized: (1) After the effective date of this chapter, unless the company is continuing the business of a dissolved limited liability company under the provisions of the former West Virginia limited liability company act; and
§31B-10-1007. Cancellation of Authority
A foreign limited liability company may cancel its authority to transact business in this state by filing in the office of the Secretary of State a certificate of cancellation. Cancellation does not terminate the authority of the Secretary of State to accept service of process on the company for claims for relief arising out of […]
§31B-10-1008. Effect of Failure to Obtain Certificate of Authority
(a) A foreign limited liability company transacting business in this state may not maintain an action or proceeding in this state unless it has a certificate of authority to transact business in this state. (b) The failure of a foreign limited liability company to have a certificate of authority to transact business in this state […]
§31B-10-1009. Action by Attorney General
The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this state in violation of this article.
§31B-11-1101. Right of Action
A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
§31B-11-1102. Proper Plaintiff
In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and: (1) Must have been a member at the time of the transaction of which the plaintiff complains; or
§31B-11-1103. Pleading
In a derivative action for a limited liability company, the complaint must set forth with particularity the effort of the plaintiff to secure initiation of the action by a member or manager or the reasons for not making the effort.
§31B-§31B-11-1104. Expenses
If a derivative action for a limited liability company is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, and shall direct the plaintiff […]