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WV Code § 47-6-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-6. Usury and Usurious Contracts; Penalties and Forfeitures

All contracts and assurances made directly or indirectly for the loan or forbearance of money or other thing at a greater rate of interest than is permitted by law shall be void as to all interest provided for in any such contract or assurance, and the borrower or debtor may, in addition, recover from the original lender or creditor or other holder not in due course an amount equal to four times all interest agreed to be paid and in any event a minimum of $100. Every usurious contract and assurance shall be presumed to have been wilfully made by the lender or creditor, but a bona fide error, innocently made, which causes such contract or assurance to be usurious shall not constitute a violation of this section if the lender or creditor shall rectify the error within fifteen days after receiving notice thereof.
WV Code § 47-6-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-7. Pleading Usury; Reply; Evidence; Issues; Trial; Judgment

Any defendant may plead in general terms that the contract or assurance on which the action is brought was for the payment of interest at a greater rate than is allowed by law, to which plea the plaintiff shall reply generally, but may give in evidence upon the issue made up thereon any matter which could be given in evidence under a special replication. Under the plea aforesaid, the defendant may give in evidence any fact showing, or tending to show, that the contract, or assurance, or other writing upon which the action was brought, was for an usurious consideration. Upon such plea the court shall direct a special issue to try and ascertain: (a) Whether or not the contract, assurance or other writing is usurious; (b) if usurious, to what extent; (c) whether or not interest has been paid on such contract, assurance or other writing, above the legal rate, and if so, to what extent; (d) if a verdict be found for the defendant upon the plea of usury, a judgment shall be rendered for the plaintiff for the principal sum due, with interest at the legal rate, and, if any interest has been paid above the legal rate, the excess over and above that rate, shall be entered as a credit on the sum due; but if nothing be found due after applying all credits and all excesses of interest paid above the legal rate, judgment shall be entered for the defendant; and if the total of such credits and interest paid exceed the principal sum due with legal interest thereon, the defendant shall have judgment for the difference. The provisions of this section shall not apply in any case where suit is brought on a contract, assurance or writing, and the defendant undertakes to show that the contract, assurance or writing is for the payment of interest at a rate which is prohibited by the terms of the following article.
WV Code § 47-6-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-8. Remedy in Equity; Injunction Against Sale of Security

Any borrower of money or other thing may exhibit a bill in equity against the lender, and compel him to discover upon oath the money or thing really lent, and all bargains, contracts, or shifts relative to such loan, and the interest or consideration of the same; and, if it appear that more than lawful interest was reserved, the lender shall recover his principal money or other thing with six percent interest only, but shall recover no costs. If property has been conveyed to secure the payment of the debt, and a sale thereof is about to be made, or is apprehended, an injunction may be awarded to prevent such sale pending the suit. But nothing in this section shall have the effect of permitting a recovery on any contract which is void under the provisions of the following article.
WV Code § 47-6-9 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-9. Action or Suit to Recover Back Usurious Interest

If an excess beyond the lawful interest be paid in any case for the loan or forbearance of money or other thing, the person paying the same may in a suit or action recover the full amount of such payment from the person with whom the contract was made or to whom the assurance was given; and it may be so recovered from such person notwithstanding the payment of the excess be made to his indorsee or assignee.
WV Code § 47-6-10 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-10. Corporations, Partnerships, and Limited Partnerships Not Entitled to Defense of Usury

No corporation, partnership, limited partnership or limited liability company may interpose the defense of usury in any civil action, nor may any bond, note, debt or contract of a corporation, partnership, limited partnership or limited liability company be set aside, impaired or adjudged invalid by reason of anything contained in the laws prohibiting usury.
WV Code § 47-6-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 6. Money and Interest|§47-6-11. Certain Business Debts Exempt From Usury Laws

No law limiting interest rates or providing for forfeiture, penalty, or other loss or liability because of the rate of interest charged may be applied:(1) To any debt that is incurred by a loan, installment sale, or other similar transaction, and is incurred primarily for a business purpose; or(2) To any addition to or refinancing in whole or in part of a debt meeting the requirements of subdivision (1) of this section, providing such addition or refinancing is also primarily for a business purpose: Provided, That if the debt described in subdivision (1) of this section is incurred by a natural person, the provisions of this section shall not apply unless such debt is in a principal amount of $20,000 or more.For the purpose of determining the applicability of this section, the term "business" means and includes any activity that is engaged in primarily for the purpose of generating "gross income," as that term is defined in section one, article thirteen, chapter eleven of this code: Provided, That "business" does not mean or include farming or any other agricultural activity engaged in by a producer of agricultural commodities, livestock, or other farm products.
WV Code § 47-8-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 8. Trade Names|§47-8-2. Business Not to Be Conducted Under Assumed Name Without Filing Certificate of True Name

No individual, sole proprietorship or general partnership may carry on, conduct or transact any business in this state under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals owning, conducting or transacting such business, unless that person or persons shall file with the Secretary of State a form setting forth the name under which such business is, or is to be, conducted or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same, with the home and post office address or addresses of such person or persons. Such form shall be executed and duly acknowledged by the person or persons so owning, conducting or intending to conduct such business.
WV Code § 47-8-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 8. Trade Names|§47-8-3. Indexing of Forms Filed With Secretary of State

The Secretary of State shall keep a searchable database of all persons filing forms provided for in this article.
WV Code § 47-8-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 8. Trade Names|§47-8-5. Penalty for Violations

Any individual, sole proprietorship, general partnership, corporation, limited partnership, limited liability partnership, limited liability company, business trust or voluntary association or other person owning, carrying on, conducting or transacting business as aforesaid who willfully fails to comply with the provisions of section two or four of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100, or imprisoned in the county jail for a term not exceeding thirty days, or both fined and imprisoned.
WV Code § 47-9-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-1. Definitions

As used in this article, unless the context otherwise requires:(1) "Certificate of limited partnership" means the certificate referred to in section eight of this article and the certificate as amended;(2) "Contribution" means any cash, property, services rendered or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his or her capacity as a partner;(3) "Deliver" or "delivery" means any method of delivery used in conventional commercial practice, including, but not limited to, delivery by hand, mail, commercial delivery and electronic transmission;(4) "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient;(5) "Event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner as provided in section twenty-three of this article;(6) "Foreign limited partnership" means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners;(7) "General partner" means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner;(8) "Limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement;(9) "Limited partnership" and "domestic limited partnership" means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners;(10) "Partner" means a limited or general partner;(11) "Partnership agreement" means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business;(12) "Partnership interest" means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets;(13) "Person" means a natural person, partnership, limited partnership (domestic or foreign), limited liability company, professional limited liability company, trust, estate, association, corporation, or any other legal or commercial entity;(14) "Sign" or "signature" includes, but is not limited to, any manual, facsimile, conformed or electronic signature with means to identify a record by a signature, mark or other symbol, with intent to authenticate it; and(15) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
WV Code § 47-9-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-2. Name of Limited Partnership

The name of each limited partnership as set forth in its certificate of limited partnership:(1) Shall contain the words "limited partnership," or the abbreviation "Ltd. Partnership," "LP" or "L.P.";(2) May not contain the name of a limited partner unless: (i) It is also the name of a general partner or the corporate name of a corporate general partner; or (ii) the business of the limited partnership had been carried on under the name before the admission of that limited partner;(3) May not be the same as, and must be distinguishable from, the name of any corporation, limited partnership, limited liability partnership, or limited liability company organized under the laws of this state or licensed or registered as a foreign corporation, limited partnership, limited liability partnership, or limited liability company in this state; and(4) May not include the words "engineer", "engineers", "engineering" or any combination of those words unless the purpose of the corporation is to practice professional engineering as defined in article thirteen, chapter thirty of this code, as amended, and one or more of the incorporators is a registered professional engineer as defined therein.
WV Code § 47-9-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-3. Reservation of Name

(a) The exclusive right to the use of a name may be reserved by:(1) Any person intending to organize a limited partnership under this article and to adopt that name;(2) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;(3) Any foreign limited partnership intending to register in this state and adopt that name; and(4) Any person intending to organize a foreign limited partnership and intending to have it registered in this state and adopt that name.(b) The reservation shall be made by filing with the Secretary of State an application, executed by the applicant, to reserve a specified name along with the fee prescribed by section two, article one, chapter fifty-nine of this code. If the Secretary of State finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve that name for the exclusive use of the applicant for a period of one hundred twenty days. The reservation may be renewed for one additional period of one hundred twenty days, but may not thereafter be reserved by the same or associated persons within one calendar year of the expiration of the last reservation period. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
WV Code § 47-9-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-5. Office and Records

(a) Each limited partnership shall continuously maintain in this state an office, which may, but need not be, a place of its business in this state, at which shall be kept the following records:(1) A current list of the full name and last known business address of each partner, separately identifying the general and the limited partners, set forth in alphabetical order;(2) A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any power of attorney pursuant to which any certificate has been executed;(3) A copy of the limited partnership's federal, state and local income tax returns and reports, if any, for the three most recent years;(4) A copy of any then effective written partnership agreements and of any financial statements of the limited partnership for the three most recent years; and(5) Unless contained in a written partnership agreement, a writing setting out:(A) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute;(B) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;(C) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partner's contribution; and(D) Any events upon the happening of which the limited partnership is to be dissolved and its affairs wound up.(b) Such records shall be available for inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours.
WV Code § 47-9-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-6. Nature of Business

A limited partnership may carry on any business which a partnership without limited partners may carry on, except the business of banking, brokerage or making insurance.
WV Code § 47-9-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-7. Business Transactions of Partner With Partnership

Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner.
WV Code § 47-9-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-8. Certificate and Formation of Limited Partnership

(a) In order to form a limited partnership, two or more persons must execute a certificate of limited partnership. The certificate shall be filed in the office of the Secretary of State and set forth:(1) The name of the limited partnership;(2) The general character of its business;(3) The mailing address of the principal office and the name and address of the agent for service of process, if any;(4) The name and the business address of each general partner;and(5) Any other matters the general partners determine to include therein.(b) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the Secretary of State or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
WV Code § 47-9-9 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-9. Amendment to Certificate

(a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate shall set forth:(1) The name of the limited partnership;(2) The date of the filing of the certificate; and(3) The amendment to the certificate.(b) Within thirty days after the happening of any of the following events, an amendment to a certificate of limited partnership reflecting the occurrence of the event or events shall be filed:(1) The admission of a new partner;(2) The withdrawal of a partner; or(3) The continuation of the business under section forty-four of this article after an event of withdrawal of a general partner.(c) A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate.(d) A certificate of limited partnership may be amended at any time for any other proper purpose the general partners determine.(e) No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection (b) of this section if the amendment is filed within the thirty-day period specified in subsection (b).(f) A restated certificate of limited partnership may be executed and filed in the same manner as a certificate of amendment.
WV Code § 47-9-10 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-10. Cancellation of Certificate

A certificate of limited partnership shall be canceled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation shall be filed in the office of the Secretary of State and set forth:(1) The name of the limited partnership;(2) The date of filing of its certificate of limited partnership;(3) The reason for filing the certificate of cancellation;(4) The effective date, which shall be a date certain, of cancellation if it is not to be effective upon the filing of the certificate; and(5) Any other information the general partners filing the certificate determine.
WV Code § 47-9-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-11. Execution of Certificates

(a) Each certificate required by this article to be filed in the office of the Secretary of State shall be executed in the following manner:(1) An original certificate of limited partnership must be signed by all general partners;(2) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; and(3) A certificate of cancellation must be signed by all general partners.(b) Any person may sign a certificate by an attorney-in-fact, but a power of attorney to sign a certificate relating to the admission of a general partner must specifically describe the admission.(c) The execution of a certificate by a general partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true.
WV Code § 47-9-12 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-12. Judicial Amendment or Cancellation of Certificate

If a person required by section eleven of this article to execute a certificate of amendment or cancellation fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the appropriate circuit court to direct the execution of the certificate. If the court finds that the amendment or cancellation is proper and that any person so designated has failed or refused to execute the certificate, it shall order the Secretary of State to record an appropriate certificate of amendment or cancellation.
WV Code § 47-9-13 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 9. Uniform Limited Partnership Act|§47-9-13. Filing of Certificate

(a) One signed copy of the certificate of limited partnership and of any certificates of amendment or cancellation, or of any judicial decree of amendment or cancellation, shall be delivered to the Secretary of State. Delivery may be made by electronic transmission if permitted by the Secretary of State. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the Secretary of State finds that any certificate does not conform to law, upon receipt of all filing fees required by law, he or she shall file it and deliver to the limited partnership or its representative a receipt for the record and the fees.(b) Upon the filing of a certificate of amendment, or judicial decree of amendment, in the office of the Secretary of State the certificate of limited partnership shall be amended as set forth therein, and upon the effective date of a certificate of cancellation, or a judicial decree thereof, the certificate of limited partnership is canceled.This filing, or failure to file, shall in no way affect the formation of the limited partnership. Only the filing in the office of the Secretary of State, required by section eight of this article, shall determine the validity of the limited partnership.